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Bioterrorism Charges Brought Against Professor

gnetwerker writes "Wired and others are reporting about artist Steve Kurtz, professor at Univesity of Buffalo (NY), and member of the Critical Art Ensemble will face a Grand Jury in two weeks on bioterrorism charges over artwork that used samples of harmless bacteria to make a statement about genetic engineering and food safety. He is charged with BioTerrorism under Section 817 of the PATRIOT Act. Apparently John Ashcroft can't tell a weapons lab from an art installation. There is more info and a Defense Fund on the CAE Defense Fund Site."

13 of 611 comments (clear)

  1. Damn, what a bad summary. by Wavicle · · Score: 5, Informative

    The guy is being charged because his otherwise healthy wife in her 40s, mysteriously died.

    He is not being held on the patriot act, but a much older late 80's U.S. Biological Weapons Anti-Terrorism Act of 1989.

    Good god. I'm not fond of Ashcroft or the PATRIOT Act, but not everything is a conspiracy, you know.

    --
    Education is a better safeguard of liberty than a standing army.
    Edward Everett (1794 - 1865)
    1. Re:Damn, what a bad summary. by mcknation · · Score: 5, Informative


      RTFA...Again

      from the usa today sorce:

      "Kurtz's 45-year-old wife, Hope, died of apparent heart failure and her death is not believed related to the suspect materials, authorities said."

    2. Re:Damn, what a bad summary. by Granos · · Score: 5, Informative

      Actually, the wired article got it wrong, it WAS in fact the patriot act. In a subpoena, the government cites sections of the US Code, not the act that modified the US code. In this case, the 1989 act modified section 175, and the PATRIOT act later modified that same section. The 1989 act says "Whoever knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon" is commiting a crime. In this act, "`for use as a weapon' does not include the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system for prophylactic, protective, or other peaceful purposes." This does not say that any other use IS "use as a weapon".

      However, the PATRIOT act DOES make it bioterrorism to develop biological agents for any other reason than "reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose," even if it is NOT use as a weapon. From the wired article:

      The subpoenas cited Section 175 of the U.S. Biological Weapons Anti-Terrorism Act of 1989, which prohibits the use of certain biological materials for anything other than a "prophylactic, protective, bona fide research, or other peaceful purpose."

      Since "bona fide research" is not present in the 1989 act, but is present in the PATRIOT act, and the fact that the PATRIOT act overwrote what was passed in the 1989 act, it is clear that the subpoena did in fact site the PATRIOT act.
  2. From transgenic plants to bioterror? by beeplet · · Score: 5, Interesting

    CAE's latest project, included a mobile DNA extraction laboratory for testing food products for possible transgenic contamination. It was this equipment which triggered the Kafkaesque chain of events.
    FBI field and laboratory tests have shown that Kurtz's equipment was not used for any illegal purpose. In fact, it is not even _possible_ to use this equipment for the production or weaponization of dangerous germs. Furthermore, any person in the US may legally obtain and possess such equipment.


    If that's true (and the quote does come from the CAE defense fund page - obviously a biased source), it doesn't seem to me like anyone could have much of a case against him.

    I think this is just a symptom of a more general problem - most people don't understand the biology of transgenic food, and ignorance breeds fear and suspicion. There's also the conflation of ideas between transgenic plants and bioterror organisms. Yes, some of the same lab techniques of gene manipulation might be used in both, but "transgenic" seems to get confused with "harmful".

    I would be awfully surprised if this guy was growing something in his home that caused the death of his wife. And if he did, chances are it came in on whatever material he was studying - in which case that's who should be investigated.

    On the one hand, I think Mr. Kurtz probably should have set up a lab in his university rather than doing it in his home. But to lose your wife (most likely to some freak of chance - an undetected heart problem, or whatever) and your livelihood as well, is a steep price to pay.

  3. Come on, the poster should RTFA by tbase · · Score: 5, Insightful

    The CAE presents its performance arts pieces as satire. But the group's electronic books, with introductions featuring quotes from the likes of Malcolm X ("By any means necessary," is one of the quotes), may have the federal government suspecting that artists connected to the ensemble harbor sinister motives.

    One of the ensemble's e-books advocates releasing mutant organisms into the environment to disrupt the work of biotech firms. Another proposes secretly releasing mutated flies into restaurants.

    The CAE says this tactic, which it calls "fuzzy biological sabotage," would encourage "those who never would join a movement (to) become unknowing cohorts or willing allies" in the struggle against the biotech industry.


    Let's not mention that his "healthy" wife was found dead in their home among all the bio-lab equipment. Just another example of the Man keeping an artist down! He's an artist and an activist - so they shouldn't even investigate the bio-lab in his house, or his views on releasing mutant organisms in the wild! It's his constitutional right!

    The slant on this posting is reprehensible. If you want to stand up for this guy, I suggest you take a trip to his house, go inside and take a deep breath.

    --

    666-607: 6th floor apartment of the beast
  4. Re:In related news... by noidentity · · Score: 5, Funny

    "The FBI announced today that TCBY (The Country's Best Yogurt) has been shut down until further notice under section 817 of the PATRIOT Act."

    So, is "contains live and active cultures" a bug or a feature?

  5. Re:Where does the PATRIOT act come into this? by EvanED · · Score: 5, Informative

    See comments further up. The Patriot act amended the 1989 Biological Weapons Anti-Terrorism Act.

  6. corpse in the kitchen by dekeji · · Score: 5, Insightful

    A corpse in the kitchen with an unknown cause of death and a stack of bacterial cultures ought to be cause for concern for the police and ought to prompt a police investigation. Furthermore, determining whether some genetically engineered bacteria are dangerous or not is far from trivial, so it's not like one can just look at the situation and determine that it is harmless. So, no, I don't think police overreacted in this case. Take away the corpse, and maybe one could say that they overreacted. Even then, dangerous and harmless kinds of experiments are difficult to tell apart, and the question of why this work isn't happening in a lab, with proper documentation and notification, is still valid.

  7. Hypocrisy? by PatHMV · · Score: 5, Insightful

    Why is it that genetic manipulation to make more and better food is bad, but genetic manipulation (with intentional release into the wild) to protest something is good? Why is it that when Monsanto says they've tested the GM crops to be safe, they are disbelieved on general principles, but when some art professors say THEIR GM bacteria are safe, they must know absolutely what they are talking about?

  8. Re:Uh-oh, hope they don't look in my fridge! by blindbat · · Score: 5, Funny

    >I really need to throw out that months-old
    >foil-wrapped leftover

    You found my hat!

  9. Re:More crazies. by beeplet · · Score: 5, Insightful

    Steven Kurtz sounds like a bit of a nutjob to me. Unless his 'proposal for the release of mutant flies in restaurants' is Johnathan Swift style satire.

    Most biotech scientists would support labelling of GM foods. Only the Monsato's of the world oppose this. It's a reasonable, conservative viewpoint.


    Ironically it's because of fanatics like Kurtz that the GM companies oppose labelling. People who are set on convincing the world that all GM food is harmful force the companies into the position of feeling they have something to hide.

    It's too bad that the people holding the "reasonable, conservative viewpoint" don't usually feel motivated to do crazy things to get that message heard. We need education - not performance art with mutant flies...

  10. Re:This is actually valid. by Anonymous Coward · · Score: 5, Interesting

    I have personally been approached by the feds demanding all records we have on certain students at the university I work for. In the past the standard response was to reply with "sure thing, as soon as we see a warrant for that data". Under the Patriot Act (and don't kid yourself into thinking parts of it are not classified) if I tried that now I personally would be charged with obstruction of justice. I am literally not allowed to request a warrant if the Patriot Act is brought up. Nor am I allowed to tell anyone that the request happened. This is real "secret police" kinda stuff people.

    Anonymous Coward (accept no substitutes)

  11. Oh FUCK ME. I'm just screwed, aren't I? by Anonymous Coward · · Score: 5, Insightful
    if I have pipe, black powder, and manifestos about how certain places should be blown up....
    Pipe.

    The refrigerator water line broke a valve. I just replaced a bad faucet in the kitchen. My sewer line sprung a leak last month. The freshwater line is leaking this month. I've got spare plumbing parts lying all over the house, just trying to keep up with it all.

    Black Powder.

    So I'm into target shooting. Hey, geeks with guns, and all that... Ammo is expensive. Reloading cuts my costs in half. I've got top of the line ammo reloading gear. Liters of black powder. Hell, I've got boxes of fulminate based primers. (They come in lots of 1000 units.)

    manifestos

    After the Oklahoma City Bombing back in '95, I began to doubt our various news sources' accuracy/truthfulness. They didn't seem to be sticking too closely to the facts. So I bought some books, old army manuals really, on how to blow shit up. Improvised explosives, and how to use them. Sifted through the news reports for facts that were there. Ignored the obvious rants. And drew my own conclusions.

    (FYI: I concluded the second seismic disturbance occurred from lateral displacement of a supporting column in the structure. When it broke, the energy released would have been like a second bomb going off. Neatly accounting for the asymmetrical damage. Thank god Timothy McVeigh was a such an incompetent bomber. Oh, and the feds were almost certainly responsible for burning those Davidians alive. The wind patterns. The holes punched by their tear-gas tank created a chimney effect. The pattern to the holes appears deliberate.)

    about how certain places should be blown up.

    I've been a long-time critic of airport security. It's just nuts. (I can't take a pair of nail clippers on. What's the rational there? If you don't let me hijack the plane, I'll trim my toenails? Or forcing women to drink their own breast milk?)

    On the other hand, even with all the extra post-911 security, its still damn trivial to slip guns/knives/bombs through. Obvious security lapses that just aren't being patched.

    I'd like to get them to change. Preferably without getting myself arrested in the process...

    I'm just doomed, aren't I? But imagine if they raided Sam Barros' place!

    P.S. As long as we're playing gestapo here, I hope you won't be put out about coming down to the station for some hard questioning, not to mention paying for a lawyer, for conspiracy to rape that girl out in Timbuktu. After all, you've got the equipment! We need to investigate...

    ...Is this really anonymous? If you don't hear back from me, its not...