Interesting Visitor (of the casual kind…)

I am an independent computer consultant. I have 7 or 8 internet domains hosted by the same hosting services provider. Around the end of June 2001 I noticed that the home page of one of my websites was no longer displaying the page that I had set up. It now declared that the site was "under construction." This is the norm when the website is completely empty, such as when it is first activated or when the administrator of the site erases all the pages on that site.

I thought that to be rather odd, because I had made no changes to that domain's website for quite some time. It didn't particularly concern me at the time because the website was merely a humorous attempt to make an unsuspecting visitor think that his/her email address had just been automatically sent to an FBI agent in charge of tracking suspected pedophiles. The website had absolutely nothing to do with pedophilia, porn, or whatever so I, and several of my friends, considered it to have a pretty good gag affect. I had shamelessly copied the idea from another site so, I could probably get another copy of it. Besides, I had a backup copy that I could use to restore the site when I had some spare time. Big deal... or so I thought.

On the morning of Wednesday, July 11, 2001 I received a visitor. Although the car definitely didn't look like an official government vehicle, he flashed an official looking ID, identifying himself as an FBI special agent. He was rather casually dressed, wearing a fisherman's vest (with all the little pockets). He asked if I knew anything about a particular website displaying the official seal of the DOJ / FBI. I said that yes, I had set up that website as a joke, or parody. (Parody: a work closely imitating another author or work for comic effect or in ridicule.)

He pulled out a thick folder and produced a photocopy of Title 18, section 709 on a page with the header, "Criminal Procedure". Handing it to me, he asserted that I was engaging in illegal activity by using a reasonable facsimile of the official seal of the bureau.

"Whoever, except with the written permission of the Director of
the Federal Bureau of Investigation, knowingly uses the words
''Federal Bureau of Investigation'' or the initials ''F.B.I.'', or
any colorable imitation of such words or initials, in connection
with any advertisement, circular, book, pamphlet or other
publication, play, motion picture, broadcast, telecast, or other
production, in a manner reasonably calculated to convey the
impression that such advertisement, circular, book, pamphlet or
other publication, play, motion picture, broadcast, telecast, or
other production, is approved, endorsed, or authorized by the
Federal Bureau of Investigation; ...

Shall be punished as follows:
a corporation, partnership, business trust, association, or other
business entity, by a fine under this title; an officer or member
thereof participating or knowingly acquiescing in such violation
or any individual violating this section, by a fine under this title or
imprisonment for not more than one year, or both."
[Title 18 Section 709]

Taking a few moments to read the hi-lighted text, I noticed that he hadn’t missed the opportunity to attempt to intimidate me by also hi-lighting the paragraph that spelled out the punishment.  I replied that the website was simply a parody - free speech protected by the first amendment. His response was to concede that that may be so, but they weren't going to be pressing any charges anyway. He stated that the alleged violation is classified only as a misdemeanor offense, but they (the FBI) wanted to stop me from displaying the official seal of the bureau.  Funny, I don’t see any mention of any “official seal” in the statute, but I will admit that I do have the words, “Federal Bureau of Investigation” on the page as do at least 99,468 other web pages (according to a popular search engine).

Since the FBI apparently now had a file on me, I wondered what other kind of information they had compiled on me, so I asked for my FBI file number. The agent said that he wasn't sure that he could give me that information.

I was the only one home at the moment and I wanted some evidence of his visit so I asked for his card and requested that he date and initial it. He willingly complied. As he started getting back into the car, he said that he would check to see if it was permitted for him to give me my file number and would call me back if it was. So far, I haven't heard back from him.

Since then, I have discovered that every page of every domain that I have hosted with this web host has been ereased. Every one of them. I didn't remove them. If the hosting company would have found reason enough to remove them, they would certainly have considered me in violation of their Terms of Acceptable Use Agreement. If so, I would have been "terminated" - I have not. The account is advertised as secure and I had just changed my password a few months earlier. If I didn't remove them, and the hosting company didn't remove them, who did?  Another possibility constitutes 1st amendment violations by a federal agency - a far more serious offense than having a little fun at the expense of the FBI.

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