[Infowarrior] - FBI gets a lesson from Wikipedia

[Richard Forno]

August 2, 2010
F.B.I., Challenging Use of Seal, Gets Back a Primer on the Law

http://www.nytimes.com/2010/08/03/us/03fbi.html?hpw=&pagewanted=print

By JOHN SCHWARTZ

The Federal Bureau of Investigation has taken on everyone from Al Capone to John Dillinger to the Unabomber. Its latest adversary: Wikipedia.

The bureau wrote a letter in July to the Wikimedia Foundation, the parent organization of Wikipedia, demanding that it take down an image of the F.B.I. seal accompanying an article on the bureau, and threatened litigation: “Failure to comply may result in further legal action. We appreciate your timely attention to this matter.”

The problem, those at Wikipedia say, is that the law cited in the F.B.I.’s letter is largely about keeping people from flashing fake badges or profiting from the use of the seal, and not about posting images on noncommercial Web sites. Many sites, including the online version of the Encyclopedia Britannica, display the seal.

Other organizations might simply back down. But Wikipedia sent back a politely feisty response, stating that the bureau’s lawyers had misquoted the law. “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.

Michael Godwin, the general counsel of the Wikimedia Foundation, wrote, “we are prepared to argue our view in court.” He signed off, “with all appropriate respect.”

An F.B.I. spokesman, William Carter, said that such letters go out “from time to time” from the office of general counsel.

“You can’t use the F.B.I. seal, by law, unless you have the permission of the F.B.I. director,” he said.

Cindy Cohn, the legal director of the Electronic Frontier Foundation, called the dust-up both “silly” and “troubling”; Wikipedia has a First Amendment right to display the seal, she said.

“Really,” she added, “I have to believe the F.B.I. has better things to do than this.”