Sauk Rapids satirist Dan McCall defeats the NSA

Categories: Business, Law
Thumbnail image for McCallshirt.jpg
All images via Dan McCall
McCall: "I was pissed. This sort of stuff has a hush effect on commerce and personal expression."
Shortly after the first Edward Snowden leaks hit the news cycle last summer and began to expose the extent of the National Security Agency's surveillance activities, Sauk Rapids T-shirt artist Dan McCall came up with what promised to be two hot designs.

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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."

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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.)

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16 comments
alsdkfj
alsdkfj

The NSA doesn't have right or left wing leanings, just authoritarian. Commerce, free speech, you name it, none of it matters if it challenges their authority to protect your commerce, free speech from...wait. Haha, bunch of nitwits.

Sean McCall
Sean McCall

Haha. Kick the tires and light the fires, Whitney McChane

Whitney McChane
Whitney McChane

Sean McCall why am I not surprised that this has come from your family. WAY TO GO TO YOUR BRO!

mingtran
mingtran topcommenter

Awesome, a great victory indeed.

Notonteamedward
Notonteamedward

These programs are necessary to protect US citizens from future terrorism. They are under legal supervision and Congressional supervision. They are legal. Had we had these programs in the past, we could have prevented 9/11.

josh019
josh019

@Notonteamedward You would have made a great citizen in Nazi Germany or behind the Iron curtain - "lets just send um to prison if they disagree"

mingtran
mingtran topcommenter

What else do you believe in based on nothing?

PowderBurns
PowderBurns

If we had it in 1938 then we could of prevented World War 2.

If we didn't have the Fourth Admendment then we wouldn't have to complain.

Stupid Constitution. Eff the founding fathers; eff freedom.

mingtran
mingtran topcommenter

PR has the power to change anything

MicheleBachmann
MicheleBachmann topcommenter

@josh019  He said nothing like what you are accusing of him of saying plus you called him a Nazi.   Nice debate technique.  You should get a show on Fox News.  

MicheleBachmann
MicheleBachmann topcommenter

@PowderBurns  Better spying in World War 2 might have lead the United States to taking a more aggressive stance with Germany.   Maybe you should read a little more about history because Hitler spent lots of his time pretending to be a nice person while planning for war.  

MicheleBachmann
MicheleBachmann topcommenter

@PowderBurns  Your inability to defend your point of view beyond insults and jokes are why no one takes people like you seriously.  

PowderBurns
PowderBurns

What? Spying? That was 76 years ago. People were still riding around on dinosaurs. Get it together. 

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