Drinking-water systems pose increasingly attractive targets as malicious hacker activity is on the rise globally, according to new warnings from security agencies around the world. According to experts, basic countermeasures—including changing default passwords and using multifactor authentication—can still provide substantial defense. However, in the United States alone, more than 50,000 community water systems also represent a landscape of potential vulnerabilities that have provided a hacker’s playground in recent months.

Last November, for instance, hackers linked to Iran’s Islamic Revolutionary Guard broke into a water system in the western Pennsylvania town of Aliquippa. In January, infiltrators linked to a Russian hacktivist group penetrated the water system of a Texas town near the New Mexico border. In neither case did the attacks cause any substantial damage to the systems.

Yet the larger threat is still very real, according to officials. “When we think about cybersecurity and cyberthreats in the water sector, this is not a hypothetical,” a U.S. Environmental Protection Agency spokesperson said at a press briefing last year. “This is happening right now.” Then, to add to the mix, last month at a public forum in Nashville, FBI director Christopher Wray noted that China’s shadowy Volt Typhoon network (also known as “Vanguard Panda”) had broken into “critical telecommunications, energy, water, and other infrastructure sectors.”

“These attacks were not extremely sophisticated.” —Katherine DiEmidio Ledesma, Dragos

A 2021 review of cybervulnerabilities in water systems, published in the journal Water, highlights the converging factors of increasingly AI-enhanced and Internet-connected tools running more and bigger drinking-water and wastewater systems.

“These recent cyberattacks in Pennsylvania and Texas highlight the growing frequency of cyberthreats to water systems,” says study author Nilufer Tuptuk, a lecturer in security and crime science at University College London. “Over the years, this sense of urgency has increased, due to the introduction of new technologies such as IoT systems and expanded connectivity. These advancements bring their own set of vulnerabilities, and water systems are prime targets for skilled actors, including nation-states.”

According to Katherine DiEmidio Ledesma, head of public policy and government affairs at Washington, D.C.–based cybersecurity firm Dragos, both attacks bored into holes that should have been plugged in the first place. “I think the interesting point, and the first thing to consider here, is that these attacks were not extremely sophisticated,” she says. “They exploited things like default passwords and things like that to gain access.”

Low priority, low-hanging fruit

Peter Hazell is the cyberphysical security manager at Yorkshire Water in Bradford, England—and a coauthor of the Water 2021 cybervulnerability review in water systems. He says the United States’ power grid is relatively well-resourced and hardened against cyberattack, at least when compared to American water systems.

“The structure of the water industry in the United States differs significantly from that of Europe and the United Kingdom, and is often criticized for insufficient investment in basic maintenance, let alone cybersecurity,” Hazell says. “In contrast, the U.S. power sector, following some notable blackouts, has recognized its critical importance...and established [the North American Electric Reliability Corporation] in response. There is no equivalent initiative for safeguarding the water sector in the United States, mainly due to its fragmented nature—typically operated as multiple municipal concerns rather than the large interconnected regional model found elsewhere.”

DiEmidio Ledesma says the problem of abundance is not the United States’ alone, however. “There are so many water utilities across the globe that it’s just a numbers game, I think,” she says. “With the digitalization comes increased risk from adversaries who may be looking to target the water sector through cyber means, because a water facility in Virginia may look very similar now to a water utility in California, to a water utility in Europe, to a water utility in Asia. So because they’re using the same components, they can be targeted through the same means.

“And so we do continue to see utilities in critical infrastructure and water facilities targeted by adversaries,” she adds. “Or at least we continue to hear from governments from the United States, from other governments, that they are being targeted.”

A U.S. turnaround imminent?

Last month, Arkansas congressman Rick Crawford and California congressman John Duarte introduced the Water Risk and Resilience Organization (WRRO) Establishment Act to found a U.S. federal agency to monitor and guard against the above risks. According to Kevin Morley, manager of federal relations at the Washington, D.C.–based American Water Works Association, it’s a welcome sign of what could be some imminent relief, if the bill can make it into law.

“We developed a white paper recommending this type of approach in 2021,” Morley says. “I have testified to that effect several times, given our recognition that some level of standardization is necessary to provide a common understanding of expectations.”

“I think the best phrase to sum it up is ‘target rich, resource poor.’” —Katherine DiEmidio Ledesma, Dragos

Hazell, of Yorkshire Water, notes that even if the bill does become law, it may not be all its supporters might want. “While the development of the act is encouraging, it feels a little late and limited,” he says. By contrast, Hazell points to the United Kingdom and the European Union’s Network and Information Security Directives in 2016 and 2023, which coordinate cyberdefenses across a range of a member country’s critical infrastructure. The patchwork quilt approach that the United States appears to be going for, he notes, could still leave substantial holes.

“I think the best phrase to sum it up is ‘target rich, resource poor,’” says DiEmidio Ledesma, about the cybersecurity challenges municipal water systems pose today. “It’s a very distributed network of critical infrastructure. [There are] many, many small community water facilities, and [they're] very vital to communities throughout the United States and internationally.”

In response to the emerging threats, Anne Neuberger, U.S. deputy national security advisor for cyber and emerging technologies, issued a public call in March for U.S. states to report on their plans for securing the cyberdefenses of their water and wastewater systems by May 20. When contacted by IEEE Spectrum about the results and responses from Neuberger’s summons, a U.S. State Department spokesperson declined to comment.

“Do you now, or have you ever, worked with TikTok to help defend its rights?”

That McCarthyism-esque question is apparently being asked by members of Congress to organizations that have been working with TikTok to defend its Constitutional rights.

Does anyone think it’s right for Congress to threaten to punish organizations from working with TikTok? Does that sound like a First Amendment violation to you? Because it sure does to me.

Over the last year or so, we’ve been hearing a lot of talk out of Congress on two specific issues: the supposed horrors of government officials suppressing speech and, at the same time, the supposed horrors of a successful social media app that has ties to China.

Would it surprise you to find that there are some hypocrites in Congress about all of this? Shocking, I know.

We already highlighted how a bunch of members of Congress both signed an amicus brief in the Murthy case saying that governments should never, ever, interfere with speech and also voted to ban TikTok. But, would those same members of Congress who are so worried about “jawboning” by government officials to suppress speech also then use the power of Congress to silence voices trying to defend TikTok?

Yeah, you know where this is going.

NetChoice has been the main trade group that has been defending against all the terrible laws being thrust upon the internet over the last few years. Often people dismiss NetChoice as “big tech” or “the tech industry,” but in my experience they’ve been solidly standing up for good and important internet speech policies. NetChoice has been structured to be independent of its members (i.e., they get to decide what cases they take on, not their members, which sometimes means their members dislike the causes and cases NetChoice takes on).

On Wednesday of this week, NetChoice’s membership roster looked like this:

I highlighted TikTok in particular, because on Thursday, NetChoice’s membership roster looked like this:

TikTok is missing.

Why? Well, because members of Congress threatened to investigate NetChoice if it didn’t drop TikTok from its roster. Politico had some of this story last night, claiming that there was pressure from Congress to drop TikTok:

“The Select Committee’s brazen efforts to intimidate private organizations for associating with a company with 170 million American users is a clear abuse of power that smacks of McCarthyism,” TikTok spokesperson Alex Haurek said in a statement, referring to the House China panel. “It’s a sad day when Members of Congress single out individual companies without evidence while trampling on constitutional rights and the democratic process,” Haurek added. A spokesperson for NetChoice didn’t respond to a request for comment.

The two people told Daniel that NetChoice faced pressure from the office of House Majority Leader Steve Scalise (R-La.) to dump TikTok. A third person said that while no threat was made, NetChoice was told that the Select Committee on China would be investigating groups associated with TikTok and decided to sever ties as a result.

I’ve heard that the claim there was “no threat” is not accurate. As the rest of that paragraph makes clear, there was very much an implied threat that Congress would investigate organizations working with TikTok to defend its rights. I’m also hearing that others, like PR agencies and lobbying organizations that work with TikTok, are now facing similar threats from Congress.

Indeed, despite the “denial” of any threat, Politico gets the “House Select Committee on the CCP” to admit that it will launch an investigation into any organization that helps TikTok defend its rights:

“Significant bipartisan majorities in both the House and the Senate deemed TikTok a grave national security threat and the President signed a bill into law requiring them to divest from the CCP,” a Scalise spokesperson told PI. “It should not come as a surprise to those representing TikTok that as long as TikTok remains connected to the CCP, Congress will continue its rigorous oversight efforts to safeguard Americans from foreign threats.”

Guys, that’s not “rigorous oversight” or “safeguarding Americans.” That’s using the threats of bogus costly investigations to force companies to stop working with TikTok and helping it defend its rights under the Constitution. That seems to be a hell of a lot more like “jawboning” and a much bigger First Amendment problem than the Biden administration complaining publicly that they didn’t like how Facebook was handling COVID misinformation.

Remember, this is what the GOP Congressional folks said when they filed their amicus in the Murthy case:

Wielding threats of intervention, the executive branch of the federal government has engaged in a sustained effort to coerce private parties into censoring speech on matters of public concern. On issue after issue, the Biden Administration has distorted the free marketplace of ideas promised by the First Amendment, bringing the weight of federal authority to bear on any speech it dislikes

Isn’t that… exactly what these Congressional committees are now doing themselves? Except, much worse? Because the threats are much more direct, and the punitive nature of not obeying is even clearer and more directly tied to the speech at issue?

This sure seems to be exactly unconstitutional “jawboning.”

Whether or not you believe that there are real risks from China, it seems absolutely ridiculous that Congress is now basically following an authoritarian playbook, threatening companies for merely associating with and/or defending the rights of a company.

It undermines the principles of free speech and association, allowing governmental entities to dictate what organizations can and cannot support. This overreach of power directly chills advocacy efforts and hinders the protection of fundamental rights.

“Do you now, or have you ever, worked with TikTok to help defend its rights?”

That McCarthyism-esque question is apparently being asked by members of Congress to organizations that have been working with TikTok to defend its Constitutional rights.

Does anyone think it’s right for Congress to threaten to punish organizations from working with TikTok? Does that sound like a First Amendment violation to you? Because it sure does to me.

Over the last year or so, we’ve been hearing a lot of talk out of Congress on two specific issues: the supposed horrors of government officials suppressing speech and, at the same time, the supposed horrors of a successful social media app that has ties to China.

Would it surprise you to find that there are some hypocrites in Congress about all of this? Shocking, I know.

We already highlighted how a bunch of members of Congress both signed an amicus brief in the Murthy case saying that governments should never, ever, interfere with speech and also voted to ban TikTok. But, would those same members of Congress who are so worried about “jawboning” by government officials to suppress speech also then use the power of Congress to silence voices trying to defend TikTok?

Yeah, you know where this is going.

NetChoice has been the main trade group that has been defending against all the terrible laws being thrust upon the internet over the last few years. Often people dismiss NetChoice as “big tech” or “the tech industry,” but in my experience they’ve been solidly standing up for good and important internet speech policies. NetChoice has been structured to be independent of its members (i.e., they get to decide what cases they take on, not their members, which sometimes means their members dislike the causes and cases NetChoice takes on).

On Wednesday of this week, NetChoice’s membership roster looked like this:

I highlighted TikTok in particular, because on Thursday, NetChoice’s membership roster looked like this:

TikTok is missing.

Why? Well, because members of Congress threatened to investigate NetChoice if it didn’t drop TikTok from its roster. Politico had some of this story last night, claiming that there was pressure from Congress to drop TikTok:

“The Select Committee’s brazen efforts to intimidate private organizations for associating with a company with 170 million American users is a clear abuse of power that smacks of McCarthyism,” TikTok spokesperson Alex Haurek said in a statement, referring to the House China panel. “It’s a sad day when Members of Congress single out individual companies without evidence while trampling on constitutional rights and the democratic process,” Haurek added. A spokesperson for NetChoice didn’t respond to a request for comment.

The two people told Daniel that NetChoice faced pressure from the office of House Majority Leader Steve Scalise (R-La.) to dump TikTok. A third person said that while no threat was made, NetChoice was told that the Select Committee on China would be investigating groups associated with TikTok and decided to sever ties as a result.

I’ve heard that the claim there was “no threat” is not accurate. As the rest of that paragraph makes clear, there was very much an implied threat that Congress would investigate organizations working with TikTok to defend its rights. I’m also hearing that others, like PR agencies and lobbying organizations that work with TikTok, are now facing similar threats from Congress.

Indeed, despite the “denial” of any threat, Politico gets the “House Select Committee on the CCP” to admit that it will launch an investigation into any organization that helps TikTok defend its rights:

“Significant bipartisan majorities in both the House and the Senate deemed TikTok a grave national security threat and the President signed a bill into law requiring them to divest from the CCP,” a Scalise spokesperson told PI. “It should not come as a surprise to those representing TikTok that as long as TikTok remains connected to the CCP, Congress will continue its rigorous oversight efforts to safeguard Americans from foreign threats.”

Guys, that’s not “rigorous oversight” or “safeguarding Americans.” That’s using the threats of bogus costly investigations to force companies to stop working with TikTok and helping it defend its rights under the Constitution. That seems to be a hell of a lot more like “jawboning” and a much bigger First Amendment problem than the Biden administration complaining publicly that they didn’t like how Facebook was handling COVID misinformation.

Remember, this is what the GOP Congressional folks said when they filed their amicus in the Murthy case:

Wielding threats of intervention, the executive branch of the federal government has engaged in a sustained effort to coerce private parties into censoring speech on matters of public concern. On issue after issue, the Biden Administration has distorted the free marketplace of ideas promised by the First Amendment, bringing the weight of federal authority to bear on any speech it dislikes

Isn’t that… exactly what these Congressional committees are now doing themselves? Except, much worse? Because the threats are much more direct, and the punitive nature of not obeying is even clearer and more directly tied to the speech at issue?

This sure seems to be exactly unconstitutional “jawboning.”

Whether or not you believe that there are real risks from China, it seems absolutely ridiculous that Congress is now basically following an authoritarian playbook, threatening companies for merely associating with and/or defending the rights of a company.

It undermines the principles of free speech and association, allowing governmental entities to dictate what organizations can and cannot support. This overreach of power directly chills advocacy efforts and hinders the protection of fundamental rights.

“Do you now, or have you ever, worked with TikTok to help defend its rights?”

That McCarthyism-esque question is apparently being asked by members of Congress to organizations that have been working with TikTok to defend its Constitutional rights.

Does anyone think it’s right for Congress to threaten to punish organizations from working with TikTok? Does that sound like a First Amendment violation to you? Because it sure does to me.

Over the last year or so, we’ve been hearing a lot of talk out of Congress on two specific issues: the supposed horrors of government officials suppressing speech and, at the same time, the supposed horrors of a successful social media app that has ties to China.

Would it surprise you to find that there are some hypocrites in Congress about all of this? Shocking, I know.

We already highlighted how a bunch of members of Congress both signed an amicus brief in the Murthy case saying that governments should never, ever, interfere with speech and also voted to ban TikTok. But, would those same members of Congress who are so worried about “jawboning” by government officials to suppress speech also then use the power of Congress to silence voices trying to defend TikTok?

Yeah, you know where this is going.

NetChoice has been the main trade group that has been defending against all the terrible laws being thrust upon the internet over the last few years. Often people dismiss NetChoice as “big tech” or “the tech industry,” but in my experience they’ve been solidly standing up for good and important internet speech policies. NetChoice has been structured to be independent of its members (i.e., they get to decide what cases they take on, not their members, which sometimes means their members dislike the causes and cases NetChoice takes on).

On Wednesday of this week, NetChoice’s membership roster looked like this:

I highlighted TikTok in particular, because on Thursday, NetChoice’s membership roster looked like this:

TikTok is missing.

Why? Well, because members of Congress threatened to investigate NetChoice if it didn’t drop TikTok from its roster. Politico had some of this story last night, claiming that there was pressure from Congress to drop TikTok:

“The Select Committee’s brazen efforts to intimidate private organizations for associating with a company with 170 million American users is a clear abuse of power that smacks of McCarthyism,” TikTok spokesperson Alex Haurek said in a statement, referring to the House China panel. “It’s a sad day when Members of Congress single out individual companies without evidence while trampling on constitutional rights and the democratic process,” Haurek added. A spokesperson for NetChoice didn’t respond to a request for comment.

The two people told Daniel that NetChoice faced pressure from the office of House Majority Leader Steve Scalise (R-La.) to dump TikTok. A third person said that while no threat was made, NetChoice was told that the Select Committee on China would be investigating groups associated with TikTok and decided to sever ties as a result.

I’ve heard that the claim there was “no threat” is not accurate. As the rest of that paragraph makes clear, there was very much an implied threat that Congress would investigate organizations working with TikTok to defend its rights. I’m also hearing that others, like PR agencies and lobbying organizations that work with TikTok, are now facing similar threats from Congress.

Indeed, despite the “denial” of any threat, Politico gets the “House Select Committee on the CCP” to admit that it will launch an investigation into any organization that helps TikTok defend its rights:

“Significant bipartisan majorities in both the House and the Senate deemed TikTok a grave national security threat and the President signed a bill into law requiring them to divest from the CCP,” a Scalise spokesperson told PI. “It should not come as a surprise to those representing TikTok that as long as TikTok remains connected to the CCP, Congress will continue its rigorous oversight efforts to safeguard Americans from foreign threats.”

Guys, that’s not “rigorous oversight” or “safeguarding Americans.” That’s using the threats of bogus costly investigations to force companies to stop working with TikTok and helping it defend its rights under the Constitution. That seems to be a hell of a lot more like “jawboning” and a much bigger First Amendment problem than the Biden administration complaining publicly that they didn’t like how Facebook was handling COVID misinformation.

Remember, this is what the GOP Congressional folks said when they filed their amicus in the Murthy case:

Wielding threats of intervention, the executive branch of the federal government has engaged in a sustained effort to coerce private parties into censoring speech on matters of public concern. On issue after issue, the Biden Administration has distorted the free marketplace of ideas promised by the First Amendment, bringing the weight of federal authority to bear on any speech it dislikes

Isn’t that… exactly what these Congressional committees are now doing themselves? Except, much worse? Because the threats are much more direct, and the punitive nature of not obeying is even clearer and more directly tied to the speech at issue?

This sure seems to be exactly unconstitutional “jawboning.”

Whether or not you believe that there are real risks from China, it seems absolutely ridiculous that Congress is now basically following an authoritarian playbook, threatening companies for merely associating with and/or defending the rights of a company.

It undermines the principles of free speech and association, allowing governmental entities to dictate what organizations can and cannot support. This overreach of power directly chills advocacy efforts and hinders the protection of fundamental rights.

I remember a time not that long ago when tech was regarded as a gateway to a better, more equitable future. And those tech titans were lauded as heroes… geniuses who would help us usher in this better, cleaner, more prosperous era. — Read the rest

The post Tech bro fascism looks like a lot like old-fashioned fascism appeared first on Boing Boing.

We’ve had plenty of posts discussing all manner of behavior from the Los Angeles Police Dept. and/or the LAPD union here at Techdirt. As you might imagine if you’re a regular reader here, the majority of those posts haven’t exactly involved fawning praise for these supposed crimefighters. In fact, if you went on a reading blitz of those posts, you might even come away thinking, “You know what? Fuck the LAPD!”

Well, if you wanted to display your sentiments while you went about your day, you might go over to the Cola Corporation’s website to buy one particular shirt it had on offer there before they completely sold out.

Now, it’s not uncommon for misguided entities to issue intellectual property threat letters over t-shirts and apparel, even when it is of the sort that is obviously fair use. Given that, you might have thought it would be the Los Angeles Lakers that sent a nastygram to Cola Corp. After all, the logo in question is clearly a parody of the LA Lakers logo.

Nope!

It was the Los Angeles Police Foundation via its IMG representatives. The LAPF is something of a shadow financier of the LAPD for equipment, including all manner of tech and gear. We have no idea how an entertainment agency like IMG got in bed with these assbags, but it was IMG sending the threat letter you can see below, chock full of all kinds of claims to rights that the LAPF absolutely does not and could not have.

If you can’t see that, it’s a letter sent by Andrew Schmidt, who represents himself as the Senior Counsel to IMG Worldwide, saying:

RE: Request to Remove Infringing Material From www.thecolacorporation.com
Dear Sir/Madam:

I am writing on behalf of IMG Worldwide, LLC (“IMG”), IMG is the authorized representative of Los Angeles Police Foundation CLAPF) LAPF is one of two exclusive holders of intellectual property rights pertaining to trademarks, copyrights and other licensed indicia for (a) the Los Angeles Police Department Badge; (b) the Los Angeles Police Department Uniform; (c) the LAPD motto “To Protect and Serve”; and (d) the word “LAPD” as an acronym/abbreviation for the Los Angeles Police Department (collectively, the “LAPD IP”). Through extensive advertising, promotion and the substantial sale of a full range of licensed products embodying and pertaining to the LAPD IP, the LAPD IP has become famous throughout the world; and as such, carries immeasurable value to LAPF.

We are writing to you regarding an unauthorized use of the LAPD IP on products being sold on your website, www.thecolacorporation.com (the “Infringing Product”). The website URL and description for the Infringing Product is as follows:
https://www.thecolacorporation.com/products fack-the- lupd pos-1&sid=435934961&&variant=48461787234611 FUCK THE LAPD
For the avoidance of doubt, the aforementioned Infringing Product and the image associated therewith are in no way authorized or approved by LAPF or any of its duly authorized representatives.

This letter hereby serves as a statement that:

1. The aforementioned Infringing Product and the image associated therewith violate LAPF’s rights in the LAPD IP
2. These exclusive rights in and to the LAPD IP are being violated by the sale of the Infringing Product on your website at the URL mentioned above;
3. [Contact info omitted]
4. On information and belief, the use of the LAPD IP on the Infringing Products is not authorized by LAPF, LAPF’s authorized agents or representatives or the law.
5. Under penalty of perjury, I hereby state that the above information is accurate and I am duly authorized to act on on behalf of the rights holder of the intellectual. property at issue I hereby request that you remove or disable access the above-mentioned materials and their corresponding URL’s as they appear on your services in as expedient a manner as possible.
   

So, where to begin? For starters, note how the letter breezily asserts copyright, trademark, and “other licensed indicia” without ever going into detail as to what it thinks it actually holds the rights to? That’s an “indicia” of a legal threat that is bloviating, with nothing to back it up. If you know what rights you have, you clearly state them. This letter does not.

If it’s a copyright play that the LAPF is trying to make, it’s going to go absolutely nowhere. The use is made for the purposes of parody and political commentary. It’s clearly fair use, and there are plenty of precedents to back that up. Second, what exactly is the copyright claim here? It’s not the logo. Again, if anything, that would be the Lakers’ claim to make. The only thing possibly related to the LAPD would be those letters: LAPD. And, no, the LAPD does not get to copyright the letters LAPD.

If it’s a trademark play instead, well, that might actually work even less for the LAPF, for any number of reasons. Again, this is parody and political commentary: both First Amendment rights that trump trademarks. More importantly, in trademark you have the question of the likelihood of confusion. We’re fairly sure the LAPF doesn’t want to make the case that the public would be confused into thinking that the Los Angeles Police Foundation was an organization that is putting out a “Fuck the LAPD” t-shirt. Finally, for there to be a trademark, there has to be a use in commerce. Is the LAPF selling “Fuck the LAPD” t-shirts? Doubtful.

But that’s all sort of besides the point, because the LAPF doesn’t have the rights IMG asserted in its letter. Again, the only possible claim that the LAPF can make here is that it has ownership to the letters LAPD. And it does not. Beyond the fact that it had no “creative” input into LAPD, the LAPD is a city’s law enforcement agency and you cannot copyright or trademark such a thing. And, as we’ve discussed multiple times in the past, government agencies don’t get to claim IP on their agency names. The only restrictions they can present are on deceptive uses of logos/seals/etc.

But that is clearly not the case here. And we already have some examples from a decade ago of government agencies demanding the removal of parody logos and… it not ending very well for the government. 

So, what is actually happening here is that the LAPF/LAPD (via IMG) is pretending it has the right to screw with private citizens in ways it absolutely does not, and is using those false rights to harass those private persons with threatening behavior to intimidate them into doing what the LAPF wants. Which, if I’m being totally honest here, is certainly on brand as roughly the most police-y thing it could do in response to a simple t-shirt that is no longer even for sale.

Now, you might imagine that the Cola Corporation’s own legal team would reply to the silly threat letter outlining all of the above, crafting a careful and articulate narrative responding to all the points raised by the LAPF, and ensuring that their full legal skills were on display.

Instead, the company brought on former Techdirt podcast guest, lawyer Mike Dunford, who crafted something that is ultimately even better.

If you can’t read that, you’re not missing much. It says:

Andrew,

Lol, no.

Sincerely,
Mike Dunford

Perfect. No notes. May it go down in history alongside Arkell v. Pressdam, or the infamous Cleveland Browns response to a fan complaining about paper airplanes, as the perfect way to respond to absolutely ridiculous legal threat letters.

For what it’s worth, Dunford’s boss, Akiva Cohen, noted that this letter was “a fun one to edit.” We can only imagine.

This was a fun one to edit

[image or embed]

— AkivaMCohen (@akivamcohen.bsky.social) Apr 18, 2024 at 2:47 PM

We’ve had plenty of posts discussing all manner of behavior from the Los Angeles Police Dept. and/or the LAPD union here at Techdirt. As you might imagine if you’re a regular reader here, the majority of those posts haven’t exactly involved fawning praise for these supposed crimefighters. In fact, if you went on a reading blitz of those posts, you might even come away thinking, “You know what? Fuck the LAPD!”

Well, if you wanted to display your sentiments while you went about your day, you might go over to the Cola Corporation’s website to buy one particular shirt it had on offer there before they completely sold out.

Now, it’s not uncommon for misguided entities to issue intellectual property threat letters over t-shirts and apparel, even when it is of the sort that is obviously fair use. Given that, you might have thought it would be the Los Angeles Lakers that sent a nastygram to Cola Corp. After all, the logo in question is clearly a parody of the LA Lakers logo.

Nope!

It was the Los Angeles Police Foundation via its IMG representatives. The LAPF is something of a shadow financier of the LAPD for equipment, including all manner of tech and gear. We have no idea how an entertainment agency like IMG got in bed with these assbags, but it was IMG sending the threat letter you can see below, chock full of all kinds of claims to rights that the LAPF absolutely does not and could not have.

If you can’t see that, it’s a letter sent by Andrew Schmidt, who represents himself as the Senior Counsel to IMG Worldwide, saying:

RE: Request to Remove Infringing Material From www.thecolacorporation.com
Dear Sir/Madam:

I am writing on behalf of IMG Worldwide, LLC (“IMG”), IMG is the authorized representative of Los Angeles Police Foundation CLAPF) LAPF is one of two exclusive holders of intellectual property rights pertaining to trademarks, copyrights and other licensed indicia for (a) the Los Angeles Police Department Badge; (b) the Los Angeles Police Department Uniform; (c) the LAPD motto “To Protect and Serve”; and (d) the word “LAPD” as an acronym/abbreviation for the Los Angeles Police Department (collectively, the “LAPD IP”). Through extensive advertising, promotion and the substantial sale of a full range of licensed products embodying and pertaining to the LAPD IP, the LAPD IP has become famous throughout the world; and as such, carries immeasurable value to LAPF.

We are writing to you regarding an unauthorized use of the LAPD IP on products being sold on your website, www.thecolacorporation.com (the “Infringing Product”). The website URL and description for the Infringing Product is as follows:
https://www.thecolacorporation.com/products fack-the- lupd pos-1&sid=435934961&&variant=48461787234611 FUCK THE LAPD
For the avoidance of doubt, the aforementioned Infringing Product and the image associated therewith are in no way authorized or approved by LAPF or any of its duly authorized representatives.

This letter hereby serves as a statement that:

1. The aforementioned Infringing Product and the image associated therewith violate LAPF’s rights in the LAPD IP
2. These exclusive rights in and to the LAPD IP are being violated by the sale of the Infringing Product on your website at the URL mentioned above;
3. [Contact info omitted]
4. On information and belief, the use of the LAPD IP on the Infringing Products is not authorized by LAPF, LAPF’s authorized agents or representatives or the law.
5. Under penalty of perjury, I hereby state that the above information is accurate and I am duly authorized to act on on behalf of the rights holder of the intellectual. property at issue I hereby request that you remove or disable access the above-mentioned materials and their corresponding URL’s as they appear on your services in as expedient a manner as possible.
   

So, where to begin? For starters, note how the letter breezily asserts copyright, trademark, and “other licensed indicia” without ever going into detail as to what it thinks it actually holds the rights to? That’s an “indicia” of a legal threat that is bloviating, with nothing to back it up. If you know what rights you have, you clearly state them. This letter does not.

If it’s a copyright play that the LAPF is trying to make, it’s going to go absolutely nowhere. The use is made for the purposes of parody and political commentary. It’s clearly fair use, and there are plenty of precedents to back that up. Second, what exactly is the copyright claim here? It’s not the logo. Again, if anything, that would be the Lakers’ claim to make. The only thing possibly related to the LAPD would be those letters: LAPD. And, no, the LAPD does not get to copyright the letters LAPD.

If it’s a trademark play instead, well, that might actually work even less for the LAPF, for any number of reasons. Again, this is parody and political commentary: both First Amendment rights that trump trademarks. More importantly, in trademark you have the question of the likelihood of confusion. We’re fairly sure the LAPF doesn’t want to make the case that the public would be confused into thinking that the Los Angeles Police Foundation was an organization that is putting out a “Fuck the LAPD” t-shirt. Finally, for there to be a trademark, there has to be a use in commerce. Is the LAPF selling “Fuck the LAPD” t-shirts? Doubtful.

But that’s all sort of besides the point, because the LAPF doesn’t have the rights IMG asserted in its letter. Again, the only possible claim that the LAPF can make here is that it has ownership to the letters LAPD. And it does not. Beyond the fact that it had no “creative” input into LAPD, the LAPD is a city’s law enforcement agency and you cannot copyright or trademark such a thing. And, as we’ve discussed multiple times in the past, government agencies don’t get to claim IP on their agency names. The only restrictions they can present are on deceptive uses of logos/seals/etc.

But that is clearly not the case here. And we already have some examples from a decade ago of government agencies demanding the removal of parody logos and… it not ending very well for the government. 

So, what is actually happening here is that the LAPF/LAPD (via IMG) is pretending it has the right to screw with private citizens in ways it absolutely does not, and is using those false rights to harass those private persons with threatening behavior to intimidate them into doing what the LAPF wants. Which, if I’m being totally honest here, is certainly on brand as roughly the most police-y thing it could do in response to a simple t-shirt that is no longer even for sale.

Now, you might imagine that the Cola Corporation’s own legal team would reply to the silly threat letter outlining all of the above, crafting a careful and articulate narrative responding to all the points raised by the LAPF, and ensuring that their full legal skills were on display.

Instead, the company brought on former Techdirt podcast guest, lawyer Mike Dunford, who crafted something that is ultimately even better.

If you can’t read that, you’re not missing much. It says:

Andrew,

Lol, no.

Sincerely,
Mike Dunford

Perfect. No notes. May it go down in history alongside Arkell v. Pressdam, or the infamous Cleveland Browns response to a fan complaining about paper airplanes, as the perfect way to respond to absolutely ridiculous legal threat letters.

For what it’s worth, Dunford’s boss, Akiva Cohen, noted that this letter was “a fun one to edit.” We can only imagine.

This was a fun one to edit

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— AkivaMCohen (@akivamcohen.bsky.social) Apr 18, 2024 at 2:47 PM