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Justice Department's Bio-terror Mistake

destinyland writes "University professor and artist Steve Kurtz publicizes the history of chemical weapons with performance art pieces. The day his wife died of a heart attack, 911 responders mistook his scientific equipment for bioterrorism supplies. After he was detained for 22 hours, Homeland Security cordoned off his block, and a search was performed on his house in hazmat suits, they found nothing. Now they're prosecuting him for "mail fraud" for the way he obtained $256 of harmless bacteria."

15 of 477 comments (clear)

  1. Terror is winning by Anonymous Coward · · Score: 5, Insightful

    Incidents like this and other such just prove that terror(ists) are winning. Post 9/11, everybody is still in panic.

    1. Re:Terror is winning by TarPitt · · Score: 4, Insightful

      Power without ethics IS terrorism

      --
      If your children ever found out how lame you are, they'd murder you in your sleep
    2. Re:Terror is winning by kamapuaa · · Score: 4, Insightful
      Did you skip the part about the guy recreating 50's Germ Warfare experiments? This isn't an irrational paranoid panic response. I'd hope any government organization anywhere in the world would thoroughly investigate all recreations of Germ Warfare experiments. What would you suggest, the government just letting things slide?

      It's not panic, it's just common sense.

      --
      Slashdot: providing anti-social weirdos a soapbox, since 1997.
    3. Re:Terror is winning by QuantumG · · Score: 4, Insightful

      How does "looking for something to pin on someone you think is guilty" become "making people dissappear(sic)" exactly?

      Cops everywhere work on the premise that you're either a "good guy" or you're a "scumbag". They've always worked on this premise, even in your precious United States. That's the culture of law enforcement. They're the "thin blue line" between civilization and chaos, remember.

      That's why we have a legal system and don't just leave justice up to the police.

      --
      How we know is more important than what we know.
    4. Re:Terror is winning by davetd02 · · Score: 5, Insightful

      It seems too easy to play the "OMG, government overeaching!" card here.

      Look at what actually happened. He created an art project designed to look like a biological warfare project. His whole POINT was to make it look like it was dangerous. Having his house searched should be a sign that he succeeded in his goals. If the police walk in to find something that exactly replicates a biological warfare setup, I should hope that they stop and call the experts before casually dismissing it. The only difference between his project and something deadly was the fact that he used harmless bacteria. The difference in bacteria was completely invisible to an officer on the scene and possibly even to a biology expert without testing. He should take it as a compliment that his art project worked well enough to fool the police. The search of his house was definitely erring in the right direction, especially given that there have been biological attacks through the mail in the US.

      The mail fraud charge is a closer case, but it's far from obvious based on a one-sided article that it's baseless. The American Type Culture Collection is a research system, not a toy. They provide cultures that range from harmless to deadly, and they understandably don't sell their wares to any idiot who walks in off the street. There's a reason why I can't just all up and place an order for 50 ml of HIV. Even something that's only mildly dangerous -- maybe E. coli -- can result in some nasty accidents if mis-handled. To order from the ATCC, "You must be able to demonstrate that your expertise and your institution's facilities are appropriate for handling biological materials." That seems like a pretty good common-sense restriction. If you don't have the appropriate facilities to handle biological materials the ATCC won't sell them to you. If our artist friend lied in order to trick the ATCC into thinking that he worked for a university that had biological facilities then that seems like mail fraud to me. Sure, in this case the whole thing got shut down before anybody got hurt, but that doesn't lessen the importance of maintaining the integrity of the ATCC system. Saying "he shouldn't be punished, nobody got hurt" is like saying "I shouldn't get a speeding ticket, I didn't hit anybody." The restriction on the ATCC is legitimate and he broke it, apparently by lying in an attempt to deceive them. That's fraud if true.

      Let's see a more balanced source.

    5. Re:Terror is winning by BorgDrone · · Score: 4, Insightful

      That's why we have a legal system and don't just leave justice up to the police.

      Unless they say you're a 'terrah' suspect and ship you off to guantanamo bay without any kind of trial.
    6. Re:Terror is winning by rs79 · · Score: 4, Insightful

      My initial reaction to this was "oh god poor bastard". But after reading the indictment it's pretty obvious to me that want to send a message: "if you order bugs and aren't bona fide, you're going down.

      From their point of view he could have ordered any bug.

      Plus, he ordered two bugs he thought were harmless and then by his own admission "turns out one is not so harmless and can cause pbuemonia".

      Is he being made an example of? Probably.

      Is it warrented? Tough call. Might this make any other bio prof think twice before ordering bugs for some purpose not what they claimed? Probably.

      Will this stop a bio terrorist? No.

      The liability for the USG is pretty big here. Somebody goes to see his show then gets pnuemonia, then dies. The investigation reveals an artist surrepticuously ordered bacteria breaking all sort of safeguards and rules along the way. He could have used flourescine powder not real bacteria and just as effective a demonstration

      Would it seem reasonable to you that the USG's response in this case would be "yeah it happens". Or, if it were, say your daughter who died would you want them to "do something" like maybe punish the bio-guy who flat out violated the terms and conditions under which they were able to get the bugs?

      The govt is a big dumb machine. It has rules. Break them and you really can't expect nothing will happen.

      I can't say I feel sorry for these guys. I appreciate their ideas and work, but this was just callously stupid. I doubt he'll get 20 years but my guess is they won't get off scot free. And I'm not sure they should.

      --
      Need Mercedes parts ?
    7. Re:Terror is winning by BlackSabbath · · Score: 5, Insightful

      "There are relatively few days when we really notice the changes affecting us personally."

      In most of the world's undemocratic regimes, life goes on as normal for most people. They get up, do their thing, come home, go to bed, and start all over again the next day. Most of these regimes are considered undemocratic and are on UN and State Department lists as human rights abusers.

      Yes, life goes on as normal for most people, just like it did in Germany in the late 30's and the Soviet bloc countries before the 90's. Normal ... that is, until malice or circumstance force you to the edge of the normal curve and for some reason or other you come to the attention of those whose attention is most unwelcome. Then you get to notice the changes up close.

      But hey - for your neighbours this will just be one of those "relatively few days when we really notice the changes affecting us personally".

      If you've got 5 minutes lookup Martin Niemöller.

      Lack of empathy among the governed is the greatest boon to those with dictatorial ambitions.

    8. Re:Terror is winning by Lars+T. · · Score: 4, Insightful

      I'm not saying any of these men are innocent -- just that they deserve due process under the law like any other citizen, regardless their religion or hairstyle. As do all the others in Gitmo, for that matter - even if they aren't citizens of the USA.
      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

  2. Like that "Hoax device" BS. by Etherwalk · · Score: 5, Insightful

    I recognize the merit in, when a legal search is conducted, allowing the use of truly coincidental material found to charge someone with a crime. So long as the search was legal and reasonable. (Drumming up happens too much, of course.) That being said, this smacks heavily of abuse of the law, in a way related to the "Hoax device" BS about the Breadboard incident a few days ago: prosecutors or cops seeking to charge someone in order to justify the fact that they've detained the person, looking for a crime to charge a particular person with rather than observing a crime and charging the person responsible for it.

    IANAL, but oughtn't that to be illegal?

  3. Re:how did he commit fraud? by ivan256 · · Score: 5, Insightful

    The "fraud" was actually probably another case of prosecuting somebody who should walk because the authority in question feels they need a conviction to justify their investigation.

    It's the same stupid reason we're going to try to send a perfectly innocent college student to jail for wearing blinking lights on her shirt to the airport.

    The search and investigation were probably justified. The prosecution almost certainly isn't. When did we forget that it's OK to do an investigation which turns up no evidence of guilt?

  4. This is why the US is falling behind by Anonymous Coward · · Score: 5, Insightful

    The tinkerer's spirit was a big part of what made this country great. Now, if you're an electronics or chemistry hobbyist, people think you're a bombmaker; if you build and fly model rockets, you're suspected of trying to produce some kind of missile; if you've got a microscope and some test tubes, you're assumed to be manufacturing anthrax.

    When perfectly innocuous activities make people go totally apeshit with suspicion of their neighbors, the terrorists win.

    What really grinds my gears, though, is how common sense goes right out the fucking window... if this guy had anything to hide, why would he have allowed the authorities to see it? If he was up to no good, he'd have dragged his wife's body into the yard and told them she keeled over tending to the garden or something, and never let the EMTs or whoever in the damn house. Failing that, he'd at least have taken the time to hide the dodgy stuff first before making the call-- "I was taking a nap, and when I woke up, she was dead!"

    No. Instead, they're thinking, "Wow, what a lucky break, this terrorist invited us in to see all his incriminating terrorist supplies! Homeland Security FTW!"

    Fucking morons.

  5. Re:This story is very very very very very very old by HoboMonkey · · Score: 5, Insightful

    And therein lies the story. They're still at it three years later. Riveting, no. But it is newsworthy when the government seems to abuse its' power and decides to continue to do so for years rather than admit to being wrong. Note that I said newsworthy, but not new.

  6. Re:how did he commit fraud? by Christopher_Edwardz · · Score: 5, Insightful

    When did we forget that it's OK to do an investigation which turns up no evidence of guilt?

    Right around the time "probable cause" made it OK to ignore the constitution and [investigate|terrorize|go on a fishing expedition with] anyone the powers that be don't like.

    This would also be right around the same time that the whole "double jeopardy" thing got worked around by filing state charges and then federal charges back-to-back or after losing in one arena.

    The "fraud charge" gambit probably references some technicality in WHY he wanted them evil-smarty-things that no honest (stupid|docile|sheep) citizen would want.

    The government's agenda for a while has been Citizen = stupid. After all, no citizen should be able to create or research or learn anything without A) A university to pay money to or B) a large corporation in which to be enslaved, right?

    C.E.

  7. No joking allowed by dpbsmith · · Score: 5, Insightful

    The insidious thing about counterterror efforts is the slow but steady chilling effect they are having on humor and eccentric self-expression.

    Twenty-five years ago I was talking to a friend about a book I'd been reading about the Trinity atomic bomb tests. Naturally I kept saying "atomic bomb." As we happened to be in an airport at the time, and happened to be approaching security, he started to look increasingly nervous and finally said something. He was right, of course, but what's the effect?

    The effect is that I am now self-conscious about what I talk about in security checkpoints... and airports in general (after all, they're monitoring book titles)... and public places in general. I obviously don't talk seriously about bombs, and by extension I certainly mustn't joke about bombs, and of course the safest thing is not to joke at all.

    I'm not going to wear satirical political T-shirts at public events where Bush is speaking... in fact maybe it's just prudent not to wear satirical T-shirts at all.

    I've been delighted by the emergence of cheap "blinkies," those little battery-powered LED flashers that use strong magnets and attach to clothing, earlobes, etc. Maybe it would be fun to be slightly outrageous and wear some of those just for the heck of it on New Years' Day? No, after the Boston "mooninite" scare and the MIT student who got into trouble the other day, it's probably best not to wear any blinking lights in public.

    Don't do anything to tweak public officials. Since you're not sure what will tweak them, best to just shut up and behave compliantly.

    Conform. Don't stand out. Wear "normal" clothing. Don't act in any way that calls attention to yourself. Don't read books in public with political or religious titles (except the Bible, of course). Play it safe. Don't joke.

    In fact, best not to smile.

    Just like Moscow in the days of the Soviet Union.