NSA settles lawsuit over satirical merchandise (original) (raw)

St. Cloud (Minn.) Times

Dan McCall calls is claiming victory for the settlement he struck with the National Security Agency and Department of Homeland Security over his Web-based business' merchandise.

SAUK RAPIDS, Minn.— A man who sued the National Security Agency and Department of Homeland Security after they issued cease-and-desist letters against merchandise he was producing through his Web-based business has settled out of court in what he calls a victory.

Dan McCall, a St. Cloud State University graduate who operates LibertyManiacs.com from a home office, said Tuesday that he has been notified the NSA and DHS folded in their quest to repress his satirical slogans and statements emblazoned on T-shirts, coffee mugs and other merchandise.

The settlement ends a dispute that began last fall after McCall ridiculed electronic surveillance disclosures by pairing the NSA's official seal on T-shirts for sale with the slogan: "The only part of the government that actually listens." He also created one with the subheading "Spying On You Since 1952" and altered the NSA seal to read "Peeping While You're Sleeping."

According to a Maryland District Court settlement agreement executed Tuesday by the United States Attorney's office, the NSA will formally issue a letter to McCall's merchandise producer — Zazzle.com — indicating its previous accusation that McCall's material was in violation of federal law was inaccurate.

McCall also will receive $500 to cover his court costs in filing the suit, with the help of Public Citizen, a government watchdog organization based in Washington, D.C. The agreement stipulates that McCall drop his suit and the NSA and DHS admit no liability to him.

"They basically gave me everything I was asking for," McCall said. "It's a victory for First Amendment rights. We're pretty excited. I know my lawyer is, and I am, too. We think it's going to make a little bit of a difference. I think this case showed the hush that can happen on the Web when people attempt to satire or write stuff. People are reluctant to do satire or parodies and criticize these agencies when something like this hangs over you. I got a ton of letters from other artists saying, 'I want to wait and see how this turns out for you before I do anything.' Some of the best illustrators, people I really respect, sent me their stuff say, 'Here, you can have it, Dan. I'm not going to chance it.'"

McCall said in hindsight he can call the case "funny" and "goofy."

"It's certainly nice to have behind me," he said. "The reason this got started is because I got angry. I thought it was so silly. ... Once the realization started to sink in that I did make a federal case out of this, you get a little nervous. I'm certainly glad they decided to settle. This means they can't arbitrarily step on my toes, and I don't have to worry going forward about making a joke and having them clamp down, and the third-party sellers don't have to worry about their stuff being taken down. That's a big point, because otherwise it could cut off an income stream for a lot of satirists."