FBI Picks a Fight with Wikipedia - Marco Spoerrle

FBI: Take Down Our Seal, Wikimedia Foundation: No.

This week, the New York Times and BBC News both reported that the Federal Bureau of Investigation (FBI) has sent the Wikimedia Foundatation a letter, ordering the removal of an image of the Bureau's seal from its Wikipedia entry. The Wikimedia Foundation's response thus far has basically  been, "no."

The NYT provides copies of both the FBI's letter, and the Wikimedia Foundation's response. Pretty entertaining stuff. The FBI's letter, signed by Deputy General Counsel David C. Larson, begins:It has come to our attention that the FBI seal is posted, without authorization, on Wikipedia at the following site: http://en.wikipedia.org/wiki/File:US-FBIShadedSeal. svg . As the site itself notes, "Unauthorized use of the FBI seal . . . is subject to criminal prosecution under Federal criminal law, including 18 U.S.C. 701."

The FBI Seal is an official insignia of the Department of Justice. Its primary purpose is to authenticate the official communications and actions of the FBI. Unauthorized reproduction or use of the FB I Seal is prohibited by 18 United States Code, Section 701, which provides:

Whoever manufactures, sells, or possesses any insignia, of the design prescribed by the [Department head] or any colordble 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 insignia, or any colorable imitation thereof, except as authorized under regulation made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both...

See the whole letter here (pdf).

The Wikimedia Foundation's letter, signed by General Counsel Mike Godwin, begins:

Dear Deputy Director Larson,

First, thank you for taking my call Thursday, and congratulations on your imminent retirement after so many years of service. It's unfortunate that on such an otherwise happy occasion I must inform you that the Bureau's reading of 18 U.S.C. 701 is both idiosyncratic (made especially so by your strategic redaction of important language) and, more importantly, incorrect.

I'm writing you, of course, regarding your recent letter reiterating the Bureau's invocation of 18 U.S.C. 701 and your demand for removal of the image of the FBI Seal on Wikipedia (images of which are widely available elsewhere, including on the Encyclopedia Britannica website, last I checked). You may recall that in my initial email response to your estimable Assistant General Counsel, Mr. Binney, I pointed to cases construing Section 701 and that, in a subsequent email, I broadly hinted that ejusdem generis, a standard accepted canon of statutory construction, demonstrates that this statute is inapposite to the use of an image of the seal on an encyclopedia.

It's clear that you and Mr. Binney took the hint, although perhaps not in the way I would have preferred. Entertainingly, in support for your argument, you included a version of 701 in which you removed the very phrases that subject the statute to ejusdem generis analysis. 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 of Section 701 that you forwarded to us...

See that whole letter here.

Clearly, the Wikimedia Foundation firmly believes that it is not in the wrong here, and is prepared to go to court with the FBI, if it comes to that, as Godwin notes in the letter.

be interesting to see if the FBI pursues this, as everyone else wonders why the FBI isn't focused on more pressing matters. I can't imagine what harm the FBI's seal is doing on a non-profit community encyclopedia site aimed at spreading knowledge.

Which side do you agree with? The FBI's or the Wikimedia Foundation's?
Let us know. 

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By Chris Crum | Staff Writer

Marco Spoerrle, Spoerrle, YouTube, Social Networking

Almost There - YouTube and Social Networking, Marco Spoerrle


Innovation doesn't wait for anybody. It's a constant, vital force, thriving on new ideas, new interpretations of old ideas, and a deep desire to understand the next important step. This generation has been defined by its technological advances, and the creation of a global society on the Web. This society is as complex and dynamic as any physical city or province, and has become the important battleground of ideas for the foreseeable future.

YouTube has played a vital part in this process virtually since its inception. In less than a decade it has grown into a tool for political discourse, a venue for amateur filmmakers and artists to showcase their talents, and a means by which the common citizen opposes tyranny by posting film of those abusing their station and authority. Without a doubt, it is one of the major forces in modern innovation.

Part of innovation is of course the combination of ideas. The telephone wasn't strictly a new concept; electrical transmission of messages existed in the telegraph, and the transmission of recorded sound existed in the phonograph. Combining these two technologies is what led to the telephone. This is also the path much of the Web seems bent on taking, combining and integrating services, and YouTube seems to be no exception.

YouTube's designers have, for example, pledged to implement more Social Networking functionality in future versions of the site. They also set up a new interface that focuses on Playlist content rather than individual videos. What other ideas may be unveiled is a mystery, but while the Web is waiting for more concrete information there are a few steps that can be taken to integrate YouTube into an existing social media program.


Step 1 - Familiarize

Whoever said 'familiarity breeds contempt' only had part of the story. Yes, being exposed to something consistently can cause someone to gloss over or underestimate its value. On the other hand, being intensely and exceptionally familiar with a process or a tool can open up many varied ways to understanding it.

Consider the humble knife. On the surface it's made to cut, either as a tool or as a weapon. However, if the blade is heated up it can sterilize a wound. Knives with a strong enough blade and enough surface can be used as screwdrivers, or to pry open containers. Or think of a car engine. The average user can probably learn enough on their own to keep it running in reasonable condition, but someone familiar with the specific model type in front of them can get exceptional performance out of the machine.

To this end, become familiar with YouTube's new layout. Learn how to put together a playlist, and look at how the rating and comments systems display themselves. Examine the interface aesthetically; does your channel warrant a flashy, playful background, or does it need something more conservative? Spending time with the site on a regular basis will begin to fill in your understanding, and allow you to innovate when it's really needed.


Step 2 - Observe

There is a saying that, "All good ideas having already been discovered, what remains for the innovator is to borrow judiciously." No one has all the best people, and no one has the strongest notions under monopoly. Select YouTube channels that are performing well, and try to discern why. Consider the quality of comments available, and the presentation of videos.

Note, however, that this admonition is to observe, not to imitate. Yes, feel free to borrow a good idea or a presentational technique that will work with your gróup. However, your gróup is not the same as any other. Don't try to slavishly duplicate another organization's technique or content. You will be called on it, and despite its penchant for hyperactivity, the Web tends to have an incredibly long memory for failure.


Step 3 - Discourse

As mentioned, YouTube's designers intend to implement greater social networking functionality. What's interesting is that there is already a limited sort of social networking present on the site, in several forms.

The first is in the comments section for each video, and for channels. People can leave the feedback they feel is relevant, and they do so in staggering numbers. It's not uncommon for even unremarkable videos to garner thousands of views and comments, some of them profitable and others drivel. The trick is to use the social media techniques that work elsewhere to cultivate the image you wish. Converse with them, share ideas and give hints about upcoming projects, and do what is needed to gather their interest in your channel.

Second is the 'reply to' style of video. In short, one party will make a video, and another party who sees it will create a second video and flag it as a response. This can be done for any number of reasons, ranging from tribute and commentary to rebuttal and confrontation.

This is an excellent social marketing tool, as it creates a 'link back' friendliness. Respond to a video you found interesting, and you will send at least some of your audience to that video, increasing their numbers. They may return the favor, or the site may simply link your video in the search function as a related topic. Either way, your traffic increases, and your message gets out.

About The Author
Enzo F. Cesario is an online branding specialist and co-founder of Brandsplat, a digital content agency. Brandsplat creates blogs, articles, videos and social media in the "voice" of our client's brand. It makes sites more findable and brands more recognizable. For the free Brandcasting Report go to www.Brandsplat.com or visit our blog at www.iBrandCasting.com.

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Marco Spoerrle, marcospoerrle.com