FBI Instructs Wikipedia To Drop FBI Seal
eldavojohn writes "The FBI got in contact with Wikipedia's San Francisco office to inform them they were violating the law in regards to 'unauthorized production' of this seal. The FBI quoted the law as saying, 'Whoever possesses any insignia... or any colorable imitation thereof... shall be fined... or imprisoned... or both.' Wikipedia refused to take the image down and stated that the FBI was misquoting the law. The FBI claims that this production of this image is 'particularly problematic, because it facilitates both deliberate and unwitting violations of restrictions by Wikipedia users.' Wikipedia's lawyer, Mike Godwin (please omit certain jokes), contacted the FBI and asserted, 'We are compelled as a matter of law and principle to deny your demand for removal of the FBI Seal from Wikipedia and Wikimedia Commons,' adding that the firm was 'prepared to argue our view in court.' Wikipedia appears to be holding their ground; we shall see if the FBI comes to their senses or proceeds with litigation."
that does it for all the movies and TV shows that display the FBI seal.
Maybe they've been infiltrated by agents of the RIAA...
Sheesh, evil *and* a jerk. -- Jade
Streisand in 3... 2...
Wikipedia's lawyer Mike Godwin (please omit certain jokes)
Yes, before anybody asks, it is indeed THAT Godwin, for whom the law is named.
Well you know what they say, the grade C lawyers work for the government while the grade A lawyers work for everyone else. As someone remarked about on another site, you almost had to wonder why the FBI picked this little fights, and if someone mistakenly thought Wikipedia was somehow related to the now infamous Wikileaks. Even just reading the FBI's correspondence you can tell they're seriously out of their depth.
or does the seal kind of resemble Muhammad?
"Whoever possesses any insignia... or any colorable imitation thereof... shall be fined... or imprisoned... or both"
Okay so I had to go and look this one up. Because there are so many ...'s that pretty much all of the information is missing. That sentence fracture they chose doesn't even mention any government insignia's, at first I thought ALL insignia's were outlawed.
Anyways, so here's the full deal.
Whoever manufactures, sells, or possesses any badge, identification card, or other insignia, of the design prescribed by the head of any department or agency of the United States for use by any officer or employee thereof, or any colorable imitation thereof, or photographs, prints, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of any such badge, identification card, or other insignia, or any colorable imitation thereof, except as authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.
Sounds like the law is basically there to stop people from posing as federal agents. Having the Seal on the website might make it easier for people to design replicas (and where better to find information than Wikipedia) but on the other hand, how would I know what an authentic FBI badge looks like if I've never seen it before, so how would I know if I'm dealing with an imposter or not?
Mike Godwin (please omit certain jokes)
You Nazi, stop restricting my free speech.
I guess all the criminals took the day off?
As far as I know there has never been a show that had the actual FBI symbol.
The members of the MPAA have a license to use the FBI seal in the unskippable intros of their DVDs.
NY Times has more. Including links to PDF's of the response. Parts of which are also quite funny: “While we appreciate your desire to revise the statute to reflect your expansive vision of it, the fact is that we must work with the actual language of the statute, not the aspirational version” that the F.B.I. had provided.
So, they can't use the FBI's symbol, but it's okay that they use The President's Seal, The NSA Seal, the CIA Seal, and the DoD's seal? How does that begin to make sense?
Nostalgia isn't what it used to be.
Does this mean I have to get rid of my Female Body Inspector T-shirt?
But it WORKS, man! Some chicks actually believe it!
Stupid cockblocking FBI.
Just in case anyone wants to actually read it:
Section 701 of Title 18 of the US Code
Section 709 of Title 18 of the US Code
Section 712 of Title 18 of the US Code
The FBI must think that Wikipedia and Wikileaks are connected somehow.
I am a graphic designer for a TV station. We subscribe to the Associated Press's Graphics Bank service. The same seal is available for download in high resolution. Is AP breaking the law? Am I breaking the law whenever I put the FBI logo on air for a story about the FBI??
This is just the Executive branch pushing - probing, if you will - to see how receptive the populace is becoming towards the encroachment of thoughtcrime and various other totalitarian abuses.
Really?
The way you've worded it, it sounds like you're saying that someone (fairly high-up) in the executive branch of government has an ongoing program of pushing boundaries, and that they (directly or indirectly) put pressure on an FBI lawyer to send out a marginal insignia-takedown request. This seems a little far-fetched to me. It seems simpler and more likely that it was just one or two FBI personnel who took it upon themselves to exert their power. (The suggestion that someone mistakenly linked "Wikipedia" and "Wikileaks" is quite plausible...) I doubt they thought there would be much reaction, and I really have trouble believing this is part of a deeply orchestrated (yet, somehow, totally secret) plot to investigate how pliable the US populace is.
Make no mistake: I recognize the abuses of government and the constant power-grabbing from citizen freedoms into governmental control. However this doesn't seem to be a massive conspiracy. It doesn't have to be. People in positions of power will tend to, as individuals, consolidate their power and push the boundaries wherever they can. Because so many people in government (especially those who aspire to positions of power and importance) are constantly pushing boundaries and trying to shift power from the people to themselves (perhaps indirectly, e.g. shifting power to companies in return for other favors), the net effect is that the government as a whole is constantly encroaching on freedoms and over-stepping their previous bounds.
So, again, I agree that the government is constantly expanding its power and this is worrisome and should be fought against. However I question whether it is really a conspiracy: it seems more likely to be an emergent phenomenon arising from the over-aspirations of individuals. (And groups of individuals, of course--small-scale conspiracies and power-grabs certainly exist.)
I point this out because to fight a problem one must understand its origin. Fighting an illusory conspiracy distracts from the real problem: that just about any person in a position of power will abuse that power. As such we need to be fighting for checks and balances that keep these power-grabs under control, not attacking a few figureheads of a potential conspiracy (after eliminating them, the next power-hungry people will just take their place!).
Initial letter from FBI and response by Wikimedia Foundation
Wikipedia article in question, image in question.
New York Times story (login). Britannica uses the logo
Never attribute to malice that which is adequately explained by stupidity. Though in this case, i would substitute "conspiracy" for "malice," because malice does appear to be all over all over this, petty and impotent though it may be.
It's more likely that this is just some ambitious idiot in the FBI who thought Wikipedia and Wikimedia were related to Wikileaks and decided to take a shot at them. He/she probably knows that they brought down Al Capone on tax evasion and thought this might be a chance to do something similar.
The only thing necessary for the triumph of evil is that good men do nothing.
... and tepples sets a new benchmark for excellence in the category of "Best Logical Gap Between A Post And Its Parent".
What basis for Wikipedia to keep it up? Really?
As the lawyer for Wikipedia points out in his reply to the FBI:
If you're making a factual statement like "This is the FBI seal", you're not exactly saying "I'm the FBI, fear me". Basically the lawyer thinks the FBI are willfully misreading/misrepresenting a statute to try to get wikipedia to pull something down which they are using as purely a reporting of facts.
He also points out that they're selectively ignoring the words in the statute that circumscribe the applicability of the statute as cited by the FBI.
Lost at C:>. Found at C.
I gave my Mom a call -- first time I've used that resource on Slashdot -- but she's the only person I know who still has a paper encyclopedia in the house. I asked her to look up the FBI. Interestingly enough, her copy of the "World Book" doesn't have a reproduction of the seal in the article. Just a picture of a couple of cadets at the training academy.
Don't know if they didn't include that because of this law or it just didn't make the cut given the space available. Either way, it's not there. I'd be interested in knowing if any other publisher includes the seal in the FBI entry.
And no, I don't live in her basement and she wasn't at your house, either.
I am not a crackpot.
that does it for all the movies and TV shows that display the FBI seal.
(Door flys open, FBI agents jump in, guns drawn)
Agent 1: "Drop that seal!"
Wikipedia: "YIKES!" (Drops seal)
Seal: "Ork! Ork! Ork!"
Agent 2: "Look out! He has a penguin!"
Linus: "Now look here, I'm innocent, I have nothing to do with this!"
Free Martian Whores!
It works like this:
I don't know, but the solution is simple enough. If Congress represented us, they'd say: "Oh, I see what you're saying. You can afford to worry about this because you don't have enough real criminals to catch. Gotcha. This is good news! It means we will cut your budget by 1/3 and we'll convene a committee to study the pony request, to which we will assign 8 congress-folk who know absolutely nothing about ponies, who will in turn assign the task to aides, who will consult with special interest groups, determining that there is nothing in the pony gift process that will benefit the congress-folk. After an interval corresponding most closely to the sunspot cycle (11 years), if all congress-folk are still in office, the aides will return a recommendation that the pony be altered to a certificate indicating VShael deserves a pony, and it will go to the president's desk for signature. Unfortunately, by this time, VShael will have expired in an unlikely but fatal Dvorak keyboard incident, so the certificate will go to the heirs, who will sell it on EBay for enough money to buy a small plastic snow-globe containing an even smaller plastic pony. If any congress folk lose their office during the process, it will be re-started or abandoned, depending upon how much money VShael donates to the appropriate congress folk's political war chests. Oh, and after one year we'll re-evaluate how this affects he FBI's choice of priorities. Who said federal bureaus can't learn to be more efficient?"
I've fallen off your lawn, and I can't get up.