Does the NSA really want to ban this t-shirt?

My son-in-law Arne called this story on Business Insider to my attention. The gist of Jim Edwards' story was that gift site Zazzle.com pulled the t-shirt shown here from its site in response to pressure from the National Security Agency. (Zazzle had been selling these shirts for Dan McCall, the shirt's designer.)

This evening, however, The Atlantic Wire reports, "The NSA Doesn't Mind Parody T-Shirts After All." According to Connor Simpson's article, Zazzle did receive a letter from the NSA... in 2011.

According to Simpson, the NSA advised The Daily Dot, the outlet that first broke this story, that "The NSA seal is protected by Public Law 86-36, which states that it is not permitted for '…any person to use the initials NSA, the words National Security Agency and the NSA seal without first acquiring written permission from the Director of NSA" (some internal quotation marks omitted). However, the NSA's letter to Zazzle, back in 2011 didn't concern this t-shirt (obviously, since it was designed after the Snowden revelations) but rather a mug which apparently used the NSA seal.

This is the real NSA logo.
Note that it says nothing about
peeping or sleeping.

Despite the careless language in the linked stories, the t-shirt in question was not using the actual NSA seal. The motto of the NSA isn't really "peeping while you're sleeping."

But that's OK. The NSA was also apparently careless in its use of language. The actual statute in question is 50 U.S.C. §3613 which provides, in subsection (a) (emphasis mine):

No person may, except with the written permission of the Director of the National Security Agency, knowingly use the words “National Security Agency”, the initials “NSA”, the seal of the National Security Agency, or any colorable imitation of such words, initials, or seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency.

I don't think anyone could possibly develop an impression that the t-shirt depicted in this post was in any way "approved, endorsed, or authorized" by the NSA.

Meanwhile, The Atlantic Wire says the shirt is now available for sale on Cafepress. Click over there and you'll be instantly persuaded that, if Mr. McCall didn't invent this entire controversy, he is certainly taking full, savvy-marketing advantage of it all. And he is certainly not trying to convey any impression that his shirts carry the NSA imprimatur.