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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."

80 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 SueAnnSueAnn · · Score: 2, Informative

      Actually the terrorists are in our government.

      This is one of over a hundred such cases.

      Hale to the Fatherland.

      Sue

    2. 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
    3. Re:Terror is winning by Foobar+of+Borg · · Score: 5, Informative

      These *really did* look just like the weapons they thought they were.
      The problem is that, after they discovered that he did not have WMD, they still tried to pin something on him. Why can't they just admit that they were mistaken and let it go? Welcome to America. When the police think you have done something wrong, then come hell or high water they will try to find something they can charge you with.
    4. 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.
    5. Re:Terror is winning by whoever57 · · Score: 3, Informative

      Did you skip the part about the guy recreating 50's Germ Warfare experiments?
      Did you skip the part about them using harmless bacteria?
      --
      The real "Libtards" are the Libertarians!
    6. Re:Terror is winning by markov_chain · · Score: 2, Funny

      Harmless unless you have a specific type of DNA, in which case the bacteria cause a heart attack ;)

      --
      Tsunami -- You can't bring a good wave down!
    7. Re:Terror is winning by Dak+RIT · · Score: 4, Informative

      I picked Taiwan. Most of the population here is still actively fighting for ever-increasing rights.

    8. Re:Terror is winning by QuantumG · · Score: 2, Insightful

      Are you trying to suggest the police are different anywhere else?

      --
      How we know is more important than what we know.
    9. Re:Terror is winning by Skreems · · Score: 3, Insightful

      Part of the case that the good Dr. still can't talk about publicly is that he was also a suspect in his wife's death, and hounded about this by the FBI as well. He's still under a gag order on this point, which is why the documentary mentioned in the piece re-enacts those parts of the story with actors.

      --
      Slashdot needs a "-1, Wrong" moderation option.
      The Urban Hippie
    10. 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.
    11. 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.

    12. Re:Terror is winning by TaleSpinner · · Score: 5, Interesting

      No. Terrorism has already won. I sat there on 9/11, watching the news and crying. Crying for the innocent people who were murdered, yes, but also crying for the end of freedom. The end of civil rights. I knew at that moment that "liberty" would never again be anything but a hollow mockery of itself. I knew the gov't - to "protect" us - would strip us of the entire Bill of Rights and more besides. And that is exactly what they did. What RICO began, what the "War on (Some) Drugs" carried through, we, ourselves, through our government, have completed. And don't lecture me about the Republicans did this or the Democrats did something else. Both sides of the aisle voted for these things. Both share the blame.

      As Franklin observed, those who would trade their liberty for imagined security deserve neither. And now we have neither, nor are we ever going to. There are times when I look at my 10 year old son and I am consumed with guilt at what I have brought him into.

    13. 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.
    14. Re:Terror is winning by haeger · · Score: 2, Insightful
      If they didn't pin something on him he would be able to sue, no?
      This way, if they can make anything stick, he can't sue them for wrongdoing.

      But what the hell do I know. I'm not even american.

      .haeger

      --
      You are not entitled to your opinion. You are entitled to your informed opinion. -- Harlan Ellison
    15. Re:Terror is winning by JustOK · · Score: 2, Funny

      "Land of the free"*
      *other charges may apply

      --
      rewriting history since 2109
    16. 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 ?
    17. Re:Terror is winning by Frantactical+Fruke · · Score: 3, Insightful

      Mistaking an artist
      who works in full view of the public,
      whose work can be found in a minute's googling,
      who documents every step he takes,

      for a terrorist
      who might be expected to make at least a token effort to keep his doings secret, no matter how inept he is,

      is pretty idiotic.

      These are face-saving measures, nothing else.
      And if, in mailing out harmless bacteria to a person, the institute did not at least google his university and status, to make sure he was permitted to receive said harmless bacteria, Mr. Kurtz did the authorities a favor in uncovering sloppy security procedures at said institute, which should then be the party requiring prosecution instead of Mr. Kurtz.

      But perhaps you think that journalists who smuggle guns on airplanes and then reveal the flaws in airport security to the public should be thrown in jail as well. If intentions don't count, then every tank truck driver carrying hazardous substances who has an accident should be prosecuted as a terrorist.

    18. Re:Terror is winning by somersault · · Score: 2, Funny

      http://dictionary.reference.com/search?q=hale

      http://dictionary.reference.com/search?q=hail

      If you're going to indulge in political satire, at least learn your fascist salutes please.

      --
      which is totally what she said
    19. Re:Terror is winning by phiwum · · Score: 2, Interesting

      No. Terrorism has already won. I sat there on 9/11, watching the news and crying. Crying for the innocent people who were murdered, yes, but also crying for the end of freedom. The end of civil rights. I knew at that moment that "liberty" would never again be anything but a hollow mockery of itself. I knew the gov't - to "protect" us - would strip us of the entire Bill of Rights and more besides. And that is exactly what they did. What RICO began, what the "War on (Some) Drugs" carried through, we, ourselves, through our government, have completed. And don't lecture me about the Republicans did this or the Democrats did something else. Both sides of the aisle voted for these things. Both share the blame.

      Well, what you "knew" is just silly hyperbole. Liberty is not a "hollow mockery of itself" and the Bill of Rights is still the law of the land.

      These exaggerations don't help explain what is really going on. Civil rights have been eroded to some extent, generally by well-meaning people who aim to protect US citizens—and perhaps don't mind having greater power and responsibility. The situation is certainly grave, especially when we consider other abuses that the US is meting out to foreign suspects. Balancing freedom and protection will be a pretty difficult road ahead, and it's pretty clear that so far, the govt. is doing a pretty bad job of it.

      But let's just drop this silliness about liberty being a mockery of itself. There are relatively few days when we really notice the changes affecting us personally. Visits to the airport, govt. offices and tourist traps are notably less pleasant, with more intrusive security and a whole lot less courtesy. A few of us may even have become innocent suspects due to the new fear, and that's a horrible thing. And we need to do something to fix the overreaction. An overreaction in the other direction, including implications that the government is repealing the Bill of Rights under the guise of "protection", just doesn't seem all that useful to me.

      --
      Phiwum's law: anyone that names an obvious law after himself and then puts it in his own sig is just pathetic.
    20. Re:Terror is winning by toganet · · Score: 5, Informative

      Jose Padilla
      Yasser Esam Hamdi
      Kevin James

      Were born in the US, and are just a few of the US Citizens in Gitmo
      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.

    21. 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.

    22. Re:Terror is winning by Anonymous Coward · · Score: 3, Insightful

      I hold that power, the special "right" to employ coercion (meaning physical force) as one's means, is unethical by its own definition. Imagine if the common man could posess that special right -- your neighbor for example -- I doubt you'd claim that such a scenario could possibly be ethical.

      So what's so different about government? Government is, after all, nothing but a collection of common men. If all men are supposedly equal, then how did some men (government) obtain the ability to suspend the code of ethics?

    23. Re:Terror is winning by kevinbr · · Score: 3, Insightful

      "......ne who thinks its artisitc to recreate a WWII era germ warfare experiment by shooting (even "harmless") bacteria at gunea pigs off the isle of lewis desreves everything they get in my opinion......."

      How nice of you to believe in Laws and Justice. So if your neighbor thinks you are a whack job and calls the police, should we defend you or agree with your neighbor that you deserve whatever the law can dish out.

      At some point in everyones they could perform some action that some other person classes as "whackjob".

      That is why we have the rule of laws, not the rule of your personal opinion.

    24. Re:Terror is winning by dwarfking · · Score: 3, Insightful

      So by your definition, what is happening in Myanmar isn't considered terrorism because your definition only applies to the US? I guess US law enforcement over reacting and charging someone with a crime, who will get a day in court, is worse than when a known totalitarian regime actively kills people in public.

    25. Re:Terror is winning by Vulva+R.+Thompson,+P · · Score: 4, Funny

      I did the same thing except with Gilbert Godfried's voice.

      You definitely made the better choice.

    26. Re:Terror is winning by tmosley · · Score: 3, Informative

      Pnuemonia is caused by Pseudomonas aeurgenosa, which is present on the skin and could be isolated by anyone with just a little bit of microbiology experience. I guess that makes us all terrorists now. Hell, most of us have even worse stuff crawling around on our skin, bugs that could kill if they got into your body and multiplied, but he body is designed to defend against them. Just having them around in a vial is no more dangerous than leaving a stool sample in a closed container on your table. This case is somewhat similar to the "plague professor" from Texas Tech Health Sciences Center a few years ago. The local prosecutor had a vendetta out on this guy because he caused a scare, and ended up putting him in jail for quite a while for not filling out the right paperwork on shipping some bacteria samples from Africa. This is something that ANY professor could be taken down for. From speaking with the professors there, I can tell you it has had a real chilling effect on research at that institution. Everyone is so uptight that it's hard to get anything done. Most labs have been forced to hire inventory personnel in an attempt to stay "legal", which takes away from money that should be spent doing research and curing disease.

    27. Re:Terror is winning by gosand · · Score: 3, Informative
      Unless they say you're a 'terrah' suspect and ship you off to guantanamo bay without any kind of trial.


      And leave you there. From Wikipedia: "Since the Afghanistan war 775 detainees who have been brought to Guantanamo, approximately 420 have been released. As of August 09, 2007, approximately 355 detainees remained at Guantanamo Bay, Cuba. More than a fifth have been cleared for release but may have to wait months or years for their freedom because U.S. officials are finding it increasingly difficult to line up places to send them, according to Bush administration officials and defense lawyers. Of the roughly 355 still incarcerated, U.S. officials said they intend to eventually put 60 to 80 on trial and free the rest."

      --

      My beliefs do not require that you agree with them.

    28. 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

    29. Re:Terror is winning by jackspenn · · Score: 3, Informative

      Umm, those people were not picked up by the police in our country. They were picked up by our military overseas, many times in combat circumstances.

      You do recognize that under your logic (or lack there of), every German officer, soldier and spy picked up during WWII, could not be held, without first being read their rights, shipped to the US, and then having before a Judge and been convicted of fighting in the German army.

      When you consider to hold the trial, we would obviously had to ship back US, British or French fighters to testify (and thus hurt our war effort) and you also consider that the capture happened in a war zone where defense lawyers could argue that destruction of evidence prevents a fair trial; well, then you would recognize how illogical your comment and the views that produced it are.

      You should be aware that your argument lacks any Constitutional foundation. The Constitution states very clearly the Judicial branch doesn't deal in foreign matters or things that happen outside the US. The Constitution puts that power largely in the Executive and to some extent the Legislative branches, but clearly says the Judical has no power in this area.

      --
      Respect the Constitution
    30. Re:Terror is winning by cayenne8 · · Score: 4, Interesting
      "That's why we have a legal system and don't just leave justice up to the police."

      But, the police are the first line you encounter with 'the justice system'. They have the discretion of arresting you, warning you, or just letting you go if they find nothing wrong.

      The trouble is...if they stop you or you are investigated these days....EVEN if they are mistaken, they now seem to assume they have to take you and and charge you with "something" whether it sticks or not, and now YOU have to take time, and often a good deal of $$$ these days, to go defend yourself.

      This didn't really seem to be the way years ago. In the past, I've been let off for minor traffic offenses...especially as a teen. Going a little fast? "Slow it down son", and I was let off with a warning. Hell, once I'd have a few drinks...had some Taco Bell in the car and was heading home. Cop pulled me over....asked if I'd been drinking..I said no...the said don't lie to me, so I told him yes, I'd been to a party, and realized I'd not eaten, so I left, got food and was going home...and I was only blocks away from home. He asked my friend with me if he was ok to drive (actually he was maybe a bit worse than I), he saw on my license I was close to home, and told him to drive us home, and if he saw me out again that night...I was going to jail. We went straight home.

      You think that would happen today???? No..they HAVE to charge you with something if they take the 'time' out of their shift to pull you over or question you. The previous example IS extreme I'll grant you, but, I'm just telling an extreme one to illustrate how lenient cops would be back in the past if you weren't really doing anything bad (rape, robbery, etc). And no, back 15-20 years ago...driving with a few drinks wasn't the uber-crime it is today...drunk driving, yes, but, they didn't do random roadblocks, and you didn't get pulled over unless you were weaving badly...or speeding (which I did to get through a yellow light at that time).

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    31. Re:Terror is winning by Bacon+Bits · · Score: 3, Informative

      No, power without ethics is tyranny.

      --
      The road to tyranny has always been paved with claims of necessity.
    32. Re:Terror is winning by WNight · · Score: 2, Insightful

      You do know that few of the Guantanamo prisoners were captured in combat (or even near it). Most of them were turned in by their countrymen for bribes.

      Now, think about who you'd turn in for money. The actual freedom fighter who could strike back at the imperialist pigs, or the annoying guy down the block who plays his stereo too loud and threatened you for calling the cops?

      If these really were combatants, it would be cut and dried. They'd go home when the fighting ends. But they aren't, and often there never was fighting near them. Some detainees are Pakistan and were picked up there. Either the USA followed them a long way home with a drone from Afghanistan, or they weren't actively fighting.

    33. Re:Terror is winning by sheldon · · Score: 2, Insightful

      So by your definition, what is happening in Myanmar isn't considered terrorism because your definition only applies to the US? I guess US law enforcement over reacting and charging someone with a crime, who will get a day in court, is worse than when a known totalitarian regime actively kills people in public.


      I think you miss the point.

      What is happening in Myanmar is a pure violation of human rights. The authorities of Myanmar are also arguing... "Well, they wouldn't have gotten shot if they had not made such a ruckus in public." There are always excuses for tyranny.

      I don't understand why there are asshats in the US who excuse away problems with our system by pointing to countries like Myanmar and saying "See, over there it's worse." But then, the Soviets used to do the same thing. As I said, tyranny can always find an excuse.
    34. Re:Terror is winning by polymath69 · · Score: 2, Funny

      Also because Myanmar-Shave just sounds silly.

      --

      --
      I don't want to rule the world... I just want to be in charge of mayonnaise.
    35. Re:Terror is winning by Venik · · Score: 2, Insightful

      I appreciate the education, but what I was really trying to say was: who cares? I really don't understand what this noise is all about. Suddenly, BBC and CNN became deeply concerned with the state of civil liberties in Burma. Like Burma wasn't a military dictatorship for the past forty five years.

      Americans and Brits are up to their balls in trouble in Iraq and Afghanistan. But all I see in the news is Myanmar and Sudan. Seems like somebody is trying to shift public attention in the US and the UK from the quagmire in Iraq to some monks in Burma.

    36. Re:Terror is winning by funkyloki · · Score: 2

      I don't think it's so much that. I am glad they "investigated" him to make sure he did or did NOT have WMDs or chemical warfare ingredients. However, the argument is, now that they learned that what he had was harmless, they are continuing to try to pin something on him in order to not look "stupid" or to lose face. That is the real problem here.

      --
      Scientists now say the future will be far more futuristic than originally believed
    37. Re:Terror is winning by funkyloki · · Score: 2, Insightful

      I was being a little sarcastic, but you are correct. The media in this country loves "shock and awe" so whenever ANYTHING happens ANYWHERE that involves violence, we are subjected to it in all forms, be it TV, print, internet. But only for a limited time, then they move on to some other new violence, and we "forget" all about the other incidents. It is a sad state of affairs that a small group of people own almost all of the media outlets in this country and are operating for profit. If some news item is deemed as affecting the bottom line, or goes against the core beliefs of the "man" in charge, we may never see it. For example, WTF ever happened to the miners trapped in Utah. Another, how come it took a year before real coverage of Jena Six started popping up. Just my .02.

      --
      Scientists now say the future will be far more futuristic than originally believed
    38. Re:Terror is winning by Sciros · · Score: 2, Insightful

      Wrong. Power without ethics is power without ethics. It may become despotism or a number of things, but it is NOT terrorism and to define terrorism in such broad (besides inaccurate) terms is to make terrorism seem less heinous and more common than it is. It also makes me question whether you are trying to get some political agenda across with such statements. There exist [many] unethical leaders who are not terrorists.

      --
      I like basketball!!1!
  2. how did he commit fraud? by timmarhy · · Score: 3, Insightful

    What was in the package and what was claimed to have been in the package are identical... that's not fraud.

    --
    If you mod me down, I will become more powerful than you can imagine....
    1. Re:how did he commit fraud? by Xonstantine · · Score: 2, Insightful

      Uh, the fraud was probably misrepresentation of either his credentials or the purpose of purchasing the bioligical sample.

    2. 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?

    3. 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.

    4. Re:how did he commit fraud? by Odin's+Raven · · Score: 5, Informative

      What was in the package and what was claimed to have been in the package are identical... that's not fraud.

      The fraud claim wasn't about the contents of the package - instead, it was based on how the order was placed. According to an article on AlterNet, "The $256 Question" :

      [Steven] Ferrell, a geneticist and professor at the University of Pittsburgh, allegedly provided Kurtz the organisms for use in an artwork, rather than using them in his own research, thereby violating an agreement he had signed when he purchased the cultures for $256 from the American Type Culture Collection (ATCC).

      I think that's an accurate description from Kurtz's point of view, since I found the Alternet article via a link on the Critical Art Ensemble Defense Fund's press release page.

      So yeah, seems like there was mail fraud, but in a technically-correct-but-really-lame sense of "fraud" that reeks of desperation to pin something - anything - on Kurtz.

      --
      A marriage is always made up of two people who are prepared to swear that only the other one snores.
    5. Re:how did he commit fraud? by misanthrope101 · · Score: 3, Insightful

      When did we forget that it's OK to do an investigation which turns up no evidence of guilt?
      Whoa there, buddy, back up a bit. Investigations cost taxpayers money. Offices with low conviction rates don't get budget raises. Cops without a lot of conviction notches in their belt don't go on to become successful politicians. When all is said and done, investigations serve more purposes than just investigating what happened. You're acting as if the most important concern is making sure the government doesn't lock up innocent people. That's a bit old-fashioned, don't you think? Haven't you ACLU types done enough to weaken this country?
    6. Re:how did he commit fraud? by Phroon · · Score: 2, Insightful

      Sneezing in an airport is not the same as having a electronic board with batteries attached to it.
      Your comparisons are awful and you are just turning a blind eye to the real problem.
      Typical liberal trying to play the victim and get some attention from the media.
      Typical conservative playing the "Typical Liberal" card. Ad hominem works both ways, and I didn't post anonymously.
      How is it not the same? It's a broad over generalization and overreaction based on the facts. And it was one battery.
      My analogies do suck, but when people are being prosecuted because investigations don't turn up guilt to the original charge, they are exactly what's going on. You do something innocuous that someone thinks is suspicious, then you are prosecuted for just being suspicious.
      "The real problem" as you so blatantly put it (without stating the problem for clarification) is that we have made the choice to be safe instead of the choice to be safe and free.
      We could execute her for being stupid, if that's what you want. We could throw her in jail for... for what exactly? A Hoax? She didn't intend for it to be a hoax. Innocuous intent protects speech-like actions.
  3. blinking lights, everyday life forms in test tubes by shbazjinkens · · Score: 2, Funny
    I'm always scared of the day that someone finds my electronic test equipment and somehow connects it to my egg hatcher then creates a terrorist plot.

    I think this one's an incubator sir.
    For biological agents?
    I believe it's used to hatch eggs, sir.
    Eggs can be used to cultivate biological agents, proceed with the anal probe.
    He does have several dozen chickens outside...
    Damnit, follow orders or the terrorists win!
  4. Sounds about right by FoolsGold · · Score: 3, Insightful

    If they can't charge you under the original accusation, they'll simply find something they CAN charge you with, to save face.

    Heavens forbid they apologize for putting him through hell. Oh no, can't have that. That would be a sign of weakness.

  5. 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?

  6. Mail Fraud eh? by Jarjarthejedi · · Score: 4, Interesting

    As per the main story, the difference between 'Harmless' bacteria and deadly ones is pretty darn slim and hard to tell if you're not an expert in the field. This isn't the same as most other situations as it's organic, and organic things are complex, and complex things are hard to examine to see if they're dangerous or not. They shouldn't have been so harsh on him, or so overzealous in the raid, but I don't see any problems with them testing the stuff. He admits that he was recreating germ warfare experiments from the 50s using different bacteria. He says the bacteria isn't harmful, but his rig is similar to one used on extremely harmful ones. So...we should just trust him that the bacteria aren't dangerous? Circumstantial evidence was heavily on the government's side here, anyone preparing to recreate germ warfare experiments should be looked at closely, even if they claim to be using harmless bacteria.

    Now again, they should not have handled it the way they did. They should have been a lot nicer and lest gung ho about the whole situation, but they should have, and did, handle the situation, and that's good.

    As for the Mail Fraud charge...I wonder what the story behind that is. That I can see in the article he never denies that he committed fraud, nor confirms it, so it seems entirely possible that they happened across this and decided to prosecute him for it, and it's also possible that they're just trying to hit him with something to make it look like they accomplished something. There's not enough info to really tell...

    --
    There are two kinds of fool One says 'This is old therefore good' Another says 'This is new therefore better'- Dean Ing
    1. Re:Mail Fraud eh? by QuantumG · · Score: 3, Insightful

      It's a crazy opinion these days, because everyone is so chicken shit, but until he actually harms someone, he should be free to do whatever the hell he likes.

      --
      How we know is more important than what we know.
  7. This story is very very very very very very old. by rafael_es_son · · Score: 5, Informative
    --
    HAD
  8. This is what happens by Trikenstein · · Score: 2, Interesting

    when you can't admit that you overreacted.
    They have to move forward in an attempt to stave off lawsuits.

  9. In the industry... by Shadow+Wrought · · Score: 5, Funny

    This is known as the "Boston" response.

    --
    If brevity is the soul of wit, then how does one explain Twitter?
  10. In Soviet Russia... by Anonymous Coward · · Score: 5, Funny

    Remember when we used to make fun of Soviet Russia? Well, in NeoCon America, Soviet Russia makes fun of you!

  11. Re:This story is very very very very very very old by Nasarius · · Score: 2, Informative

    And unfortunately, it's still very very ongoing. The mail fraud charges are new, IIRC.

    --
    LOAD "SIG",8,1
  12. 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.

    1. Re:This is why the US is falling behind by markov_chain · · Score: 2, Interesting

      Hear, hear. If Feynman pulled the kind of shit today that he did during WW2 in Los Alamos, his ass would be in Guantanamo by now. What happened to the greatness of the WWII generation? Do we need a war to wake people up?

      --
      Tsunami -- You can't bring a good wave down!
    2. Re:This is why the US is falling behind by langelgjm · · Score: 2, 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.

      It's not just tinkerers, either. Note that they also confiscated "posters with 'suspicious' Arabic lettering on them." This just made me laugh. If you don't know Arabic, I'm pretty sure you can't tell "suspicious" Arabic lettering from "salaam." I.e., God forbid you're trying to learn a foreign language...

      Many, many years ago, I received a piece of warning tape that says "Mines" in both English and Arabic, along with a death's head, as a gag gift. I wonder what would happen if the police stumbled across that, along with my "suspicious" copies of the Qur'an.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    3. Re:This is why the US is falling behind by RAMMS+EIN · · Score: 2, Insightful

      ``Do we need a war to wake people up?''

      No, we needed to delude people so we could go to war. "Weapons of mass destruction" "mushroom cloud" etc.

      --
      Please correct me if I got my facts wrong.
  13. 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.

  14. Re:And then this hits the media... by fireman+sam · · Score: 4, Funny

    You forgot:

    P.S. We are still going to charge you with something.

    --
    it is only after a long journey that you know the strength of the horse.
  15. A sad indication... by rindeee · · Score: 5, Interesting

    This is indicative of our legal/law enforcement mindset (or what it's becoming) in our society. I am a staunch (and by staunch I mean I loath the current Rep party and must consider myself an independant) conservative. Anyway, some of you might have read a while back that a group of Hash runners (as in the Hash House Harriers running club) were arrested for marking their urban trail with flour. Why? Someone saw the 'white powder' on the ground and of course assumed that it was a terrorist bio-weapon attack of some sort. The HAZMAT guys were sent. The flour was discovered to be just that. The problem is, once the authorities got their teeth in this, they wouldn't let go. Rather than chuckle and go their merry way, they charged the 'offenders' with Breach of the Peace in the First Degree...a Class D felony. This whole story is known as the Hamburger Hash Affair. To contrast this, I have spent the last year and a half living in a very out of the way part of the middle east. Americans (of which I am one) are not liked here of course. One day while on a hash run, myself and the other Hare were laying track (using flour) and the local police observed us in action. They IMMEDIATELY stopped us and began rather intense questioning. Once we explained what we were doing and showed them it was okay by tasting the flour, they let us go and even wished us luck. Somehow it seems like a little role reversal here. We seem (as a society) to have adopted the "bust'em for somethin'" mentality. I don't advocate letting people get away with crimes, but this is getting ridiculous.

    1. Re:A sad indication... by tietokone-olmi · · Score: 3, Interesting

      It's like in the Soviet Union. The cops acted, and now they must act as though they weren't acting for nothing. In order to save face, they're willing to drag anyone through any amount of shit, including jail time and absurd fines, just to seem godlike and 100% precise in everything they do. (Which is in itself absurd, since perfection is by definition unattainable.)

  16. What a maroon by MillionthMonkey · · Score: 5, Funny

    Why would you pay $256 for bacteria? Just buy $1 worth and let each bacterium divide eight times.

    Do it again and you've got $65,536 worth of bacteria which is serious money.

    1. Re:What a maroon by Whatsisname · · Score: 5, Funny

      I think you mean $100,000

  17. Depends on a context. by megaditto · · Score: 3, Insightful

    Egg hatcher at a farm is not the problem. But if someone finds an urban apartment stuffed with egg hatchers, Petri dishes, vacuum pumps, and high-speed milling equipment along with some photocopied manuals in Arabic, I would have that observer drop a dime on you as fast as it falls...

    And so was this arts professor SOL: Imagine YOU were the (non-specialist) rescuer that saw a woman go down and die in a house full of makeshift but specialized microbiological equipment whose owner is jittery to the max, and claims to be an artist, and cannot describe the equipment's purpose?

    Same for the idiot girl wearing the LEDs: handling the bricks of modelling clay out at an airport is not what a blinkenlights dork normally does. Not after the two planes blew up because of women carrying "modelling clay" a few years ago.

    --
    Obama likes poor people so much, he wants to make more of them.
  18. Re:He asked for it.... by ricree · · Score: 3, Interesting
    Did you actually read the article linked here? The projects that were confiscated were actually interesting and IMHO worthwhile. At any rate, I can see no reason that they should have caused any problems once their identity was confirmed. In case you didn't bother to read the article, here is the relevant section.

    Three projects seemed to really bother law enforcement. Critical Art Ensemble was working on a biochemical defense kit against Monsanto's Roundup Ready products for use by organic and traditional farmers. That was all confiscated.

    We had a portable molecular biology lab that we were using to test food products labeled "organic" to see if they really were free of GMO contaminant. Or, when in Europe, to see if products not labeled as containing GMOs really had none. We'd finished the initiative in Europe and were about to launch here in the U.S. when the FBI confiscated all our equipment.

    Finally, we were a preparing project on germ warfare and the theater of the absurd. We were planning to recreate some of the germ warfare experiments that were done in the '50s (which were so insane that they could only have been paid for with tax dollars). We had two strains of completely harmless bacteria that simulated the behavior of actual infectious diseases -- plague and anthrax. To accompany these performances, we were in the middle of a manuscript on the militarization of civilian health agencies in the U.S. by the Bush administration.

  19. We're from the government... by Tatarize · · Score: 3, Interesting

    We're from the government and we're here to help!

    -- The sad thing is they butcher the government programs make them worse than having nothing... then argue that they should be disbanded because they don't work. FEMA was a fantastic agency under Clinton, on the ball and everything, they weren't posting guards to prevent help from getting to people needing help.

    --

    It is no longer uncommon to be uncommon.
  20. Dickhead by Max+Littlemore · · Score: 4, Informative

    along with some photocopied manuals in Arabic, I would have that observer drop a dime on you as fast as it falls...

    And shit for brains.

    Do you wonder why Americans and the "free world" are threatened with terrorist activity? I mean it obviously couldn't have anything to do with how you select arbitrary groups of people around the world, demonize them to make it appear moraly okay to rob them, persecute, terrorise them and kill them to further your interests?

    Could it be that so many of your most vocal and prominant figures are so obviously either corrupt or stupid? Or the fact that you insist on challenging other nations for their transgressions with regard to international law and being the world's police force while your own agencies completely disregard the rule of law, as this case highlights?

    No, it's probably because every one else is jealous of your freedom.

    Big fucking rant here, but I am so sick of seeing absolute shit like that re-inforcing propaganda on a site that is supposed to be a bit more intelligent than the usual fare. Terrorist manuals are avaliable in many languages. Copies of the SAS handbook, anarchist cookbook, etc are out there and they are not in arabic.

    I personally feel safer about Iran having a nuclear program than I do about the US having one. How many wars have Iran started in the last 50 years? How about the United States? In those wars, which nation has used WMDs? Which nation has supplied more WMDs to other nations to fight proxy wars? Which nation has taken a decade to go from cooperation to war with at least two former allies?

    Sure, Iran has threatened Isreal, but Isreal is a state born from terrorism with a total lack of regard for international law. It is a state that continues to commit human rights abuses on the population it has displaced through the theft of land. It has developed nuclear weapons, refused to sign the NNPT and given it's total disregard for the humanity of any nation around it, and the fact that Iran supports the Palestinian people, I think it is much more likely that Isreal will be the agressor in any nuclear exchange in the middle East. I support Irans nuclear program if for no other reason than to keep Isreal in check.

    Your own government commits human rights abuses and supports foreign governments that commit human rights abuses. The most extreme abuses are of course reserved for non citizens, but I believe in the rule of law and a crime is a crime. Please fuck off with your propaganda, it insults my intelligence. And don't come back with that fucking US centric democrat voting liberal shit. I don't understand your political divisions and I don't want to. My opinions are my opinions, this post is predominantly fact.

    Sincerest apologies to any intelligent americans who can see through the propaganda but feel insulted by the strong language in this rant.

    --
    I don't therefore I'm not.
    1. Re:Dickhead by KevinIsOwn · · Score: 2, Informative

      For someone calling other people stupid and claiming to have such a grasp of the actual facts, it would do you service to actually consider the facts regarding Israel's creation and not call it a terrorist state. The creation of Israel was far from ideal, but it was also far from terrorism. (Any logical and even handed consideration of the state's formation acknowledges major problems with Arab leadership during that time period, mainly the fact that they went directly to war)

      While you have many points in your post I can agree with, the suggestion that Iran is a suitable nation for nuclear weapons is ridiculous. His abuses of human rights within Iran, especially with regards to women, prove that that administration would be willing to do things to other nations that even America wouldn't consider.

      And how many wars has Iran started in the last 50 years? Since there's no point in considering anything before the Iranian revolution, we can just go with 1979 onwards. They couldn't start a whole lot of wars considering they were at war with Iraq from 1980 until 1988 (Which Iraq started), leaving their military and country in a fairly weak state for many years after that. They have, however, said they want to take Israel off the map. And you think that they should have nukes to keep Israel in check? It's bad enough that Israel has nuclear weapons, the last thing we need is for two countries in the region to have them. The solution to nuclear proliferation isn't more nuclear proliferation!

  21. Help 'em out by c3ph45 · · Score: 2, Informative

    The website for the defense From the site: "We anticipate going to trial in the Summer of 2008, if not sooner. Your support is needed more than ever." and "We must raise at least $90,000 in the next 10 months to defeat the DoJ's abuse of power in this precedent-setting case!" You can go here to donate.

  22. Re:Sore Losers by Max+Littlemore · · Score: 3, Interesting

    More mature people will begin to question why we are required to fight wars with other countries, why we continue to get deeper in debt fighting other countries , why we critisize other countries before our own in election speeches.

    There, fixed that for you

    --
    I don't therefore I'm not.
  23. Re:WTF by 15Bit · · Score: 3, Insightful

    With freedom comes responsibility. So yes, maybe you should have the right to grow and weaponise anthrax at home, but your neighbour should also have the right be safe from catching anthrax due to your incompetence in handling said material. Implicit within your freedom is a responsibility towards your neighbour (and everyone else). This is why (in theory) you CAN grow anthrax at home, provided you fulfil all the requirements for a license to run a biotech research establishment.

  24. Something of Interest from the defense website by butlerdi · · Score: 2, Insightful

    A series of very unfortunate events bestowed on the FBI a reason to investigate Steve Kurtz. They found material critical of corporate capital and its uses of science, and, where relevant, of U.S. policy. Like most politically motivated people, for Kurtz the point of producing such material was to publish it; the FBI could have found the same material in many places had they been looking, because its legality is a cornerstone of our society. We don't know if CAE was already being monitored, but circumstances put them under the government's scrutiny as could happen to any of us. Given the excuse and the complete authority to investigate every aspect of Kurtz's life, the U.S. Justice Department found a minor, noncriminal irregularity on which, as has become the form, they pinned criminal charges . It is not conspiratorial to say that the charges also serve the right wing agenda, including the maintenance and enforcement of divisions of knowledge and everharsher penalties for intellectual property violations,The prosecution does not have to articulate the goals of the system even to itself; everything is already in place.
    emphasis is mine ...
    --
    "If the King's English was good enough for Jesus, it's good enough for me!" -- "Ma" Ferguson, Governor of Texas (circa
  25. 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.

    1. Re:No joking allowed by sheldon · · Score: 2, Insightful

      You must be new to Soviet Russia.

  26. Re:He asked for it.... by the+eric+conspiracy · · Score: 2, Insightful

    Anyone dealing with infectious agents of any kind

    So everyone who has a common cold or athlete's foot should be "under careful scrutiny and control" ???

    Anyone can go visit a local lake and come up with a culture more harmful than what this guy had. The natural environment is full of this stuff. Leave a bagel out on your kitchen counter for a weekend and you have a bioterrorism weapon?

    Let's get real here.

  27. Why privacy is important by lymond01 · · Score: 2, Insightful

    This defines why illegal wiretapping and other invasive procedures should be done away with. A perfectly innocent person who is taken in by police on mistaken charges, then gets some petty mail fraud charge thrown at him. All after his wife's death. Unless we can agree upon what is right and wrong and not have people just make things up as they go, stay out of my business, because I'm guessing sneezing is going to be a felony soon enough.

  28. I call bunk by huckamania · · Score: 2

    This is not a case of society giving up any rights. You don't have the right to be above suspicion in you wifes suspicious death. You also don't have the right to be a moron with impunity.

    Anyone see that cell phone add where a bunch of people doing different stuff all get an IM and rush off to some super market. They all act very suspicious and then do a cart race in the middle of the store. I think that ad should have a gun shot at the end. I know that will strike some of you as odd or bad, but what a stupid thing to advertise. "Use our products and scare the jeebus out of old people at a supermarket", seems to be an odd message.

    I could see the defense lawyer now, "There was a cart coming at high speed down a narrow isle and lots of screaming... my client was afraid for their life and had no chance to withdraw from the situation." That's self-defense, pure and simple.

    Same thing with the MIT chick and her play-dough performance art. I would mourn the death of a person in these situations, but I would still find the person responsible 'not guilty'.