Sauk Rapids satirist Dan McCall defeats the NSA
|All images via Dan McCall|
|McCall: "I was pissed. This sort of stuff has a hush effect on commerce and personal expression."|
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One of McCall's shirts paired the NSA's logo with this commentary -- "The only part of the government that actually listens." The other featured the Department of Homeland seal with its accompanying text altered to read, "Department of Homeland Stupidity."
As had been the case with many of McCall's previous designs, the shirts were offered for sale on Zazzle.com. (McCall also sells his shirts on his own site, LibertyManiacs.com.) But in a surprising and unusual move, shortly after they were made available, Zazzle quietly removed the shirts.
His suspicions aroused, McCall got in touch with his lawyer. Eventually, it came to light that the DHS and NSA had hit Zazzle with cease and desist orders demanding the shirts be pulled.
"The NSA argued that you had to have written permission from them to use any form of their seal, citing strange copyright law created back in the '50s by the same legislation that created the NSA," McCall told us. "The DHS in their cease and desist threatened pretty dire legal consequences and even imprisonment for people at Zazzle. They basically cited some obscure law about defacement of intellectual property and argued the 'Department of Homeland Stupidity' shirt was defacement of government property."
|The T-shirt design at right landed McCall in hot water with the DHS.|
McCall says his lawyer immediately realized the legal rationale justifying the orders was weak, but Zazzle still had to take the situation seriously.
"They couldn't say anything, and their lawyers were freaking out," McCall said. "The broader marketplace was very afraid about the situation, because the way the law works, sites selling these things could get a court order to shut their whole website down. They'd be screwed and unable to pay bills, so their hands were tied."
But this fall, McCall, with the help of government watchdog organization Public Citizen, filed suit against the NSA and DHS demanding they drop their orders.
"The thing is, it was so absurd," McCall said. "Every lawyer I spoke to was just outraged or laughing, saying, 'This'll never make it to court, they can't win.'"
(For more, click to page two.)