Steve Kurtz, member of the internationally-acclaimed Critical Art Ensemble (CAE), was already suffering from one tragedy when he called 911 early in the morning to tell them his wife had suffered a cardiac arrest and died in her sleep. The police arrived and, cranked up on the rhetoric of the 'War on Terror,' decided Kurtz's art supplies were actually bioterrorism weapons.

Thus began an Orwellian stream of events in which FBI agents abducted Kurtz without charges, sealed off his entire block, and confiscated his computers, manuscripts, art supplies... and even his wife's body.

Like the case of Brandon Mayfield, the Muslim lawyer from Portland imprisoned for two weeks on the flimsiest of false evidence, Kurtz's case amply demonstrates the dangers posed by the USA PATRIOT Act coupled with government-nurtured terrorism hysteria.

Kurtz's case is ongoing, and, on top of everything else, Kurtz is facing a mountain of legal fees. Donations to his legal defense can be made at http://www.rtmark.com/CAEdefense/

Steve Kurtz is Associate Professor in the Department of Art at the State University of New York's University at Buffalo, and a member of the internationally-acclaimed Critical Art Ensemble.

Kurtz's wife, Hope Kurtz, died in her sleep of cardiac arrest in the early morning hours of May 11. Police arrived, became suspicious of Kurtz's art supplies and called the FBI.

Within hours, FBI agents had "detained" Kurtz as a suspected bioterrorist and cordoned off the entire block around his house. (Kurtz walked away the next day on the advice of a lawyer, his "detention" having proved to be illegal.) Over the next few days, dozens of agents in hazmat suits, from a number of law enforcement agencies, sifted through Kurtz's work, analyzing it on-site and impounding computers, manuscripts, books, equipment, and even his wife's body for further analysis. Meanwhile, the Buffalo Health Department condemned his house as a health risk.

Kurtz, a member of the Critical Art Ensemble, makes art which addresses the politics of biotechnology. "Free Range Grains," 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.

"Today, there is no legal way to stop huge corporations from putting genetically altered material in our food," said Defense Fund spokeswoman Carla Mendes. "Yet owning the equipment required to test for the presence of 'Frankenfood' will get you accused of 'terrorism.' You can be illegally detained by shadowy government agents, lose access to your home, work, and belongings, and find that your recently deceased spouse's body has been taken away for 'analysis.'"

Though Kurtz has finally been able to return to his home and recover his wife's body, the FBI has still not returned any of his equipment, computers or manuscripts, nor given any indication of when they will. The case remains open. >from *FBI ABDUCTS ARTIST, SEIZES ART*. Feds Unable to Distinguish Art from Bioterrorism. Grieving Artist Denied Access to Deceased Wife's Body. RT Mark Press Release. via sergi.

related context
> critical art ensemble. a collective of artists dedicated to exploring the intersections between art, technology, radical politics, and critical theory.
> fbi, art, and electronic civil disobedience. 'in seeking charges against these artists, the fbi is seeking charges against an influential group of social activists and theorists. to put things in perspective: i regularly teach courses on civil disobedience, where students study CAE alongside thoreau, gandhi, king, and ACT-UP. the significance of CAE: digitizing and globalizing civil disobedience.' may 31, 2004
> working with wetware: ethics of artist-created and manipulated lifeforms. 'are dna and living systems legitimate art materials? artists have been persuading scientists to let them into their labs to develop contemporary art practices using living biological systems, by altering genetic structures or even creating their own unique life forms.' june 27, 2003
> CleanRooms: art and biotechnology exhibition. 'art works that challenge responses to a science often perceived as secretive and sinister: biotechnology.' october 9, 2002
> open_source_art_hack: new museum exploration. ' in mainstream culture, hacking has many-mostly negative-connotations. especially after september 11, 2001, the usual official response to any kind of hacking has been to indiscriminately codify it as 'cyber-terrorism,' diverting attention from its significant social implications.' april 30, 2002
> child as audience by critical art ensemble, the carbon defense league, and creation is crucifixion. nintendo gameboy reverse-engineering. march, 2001

imago
> do you need masks to understand human artworks?
respect for steve kurtz

This is indeed scary. If the local police get scared by something they call the FBI and they
make a federal case of it and cause people to
be detained and subpoena'd right and left for essentially harmless acts.

We are told we live in the land of the free and
the home of the brave and that shadowy forces can't come and just arrest and cart you off and
try to charge you under obscure laws. That only
happens in third world countries with dictators
rights?

The big thing is the supposedly dangerous microrganisms were extremely safe, that is why they are used for test purposes.

Have Fun,
Sends Steve

SIGN LETTER OF SUPPORT FOR CRITICAL ART ENSEMBLE
To whom it may concern,
The current persecution of Steve Kurtz, founding member of the arts collective, Critical Art Ensemble, requires our immediate and unqualified response. A Grand Jury has been convened at the behest of the FBI with the intent to collect evidence needed to indict Kurtz on charges of possessing biological materials that could be used for purposes of bioterrorism. We also support others drawn into the case: since May 30th six subpoenas have been issued to CAE members and other artists to appear before a grand jury on June 15th in Buffalo, NY: Adele Henderson, Chair of the Art Department at UB; Andrew Johnson, Professor of Art at UB; Paul Vanouse, Professor of Art at UB; Beatriz da Costa, Professor of Art at UCI; Steven Barnes, FSU; and Dorian Burr (Added June 7th, 2004 3:00PM EST).

An artist acting entirely within his legal rights to openly conduct public research on issues of biotechnology that affect all of us is being treated like a criminal. The freedom to participate in specialized fields in a manner opening them up to public scrutiny has become basic to democracy in a techno-scientific society. The right of a group of individuals to legally acquire and share knowledge relevant to contemporary life is now jeopardized.

For almost two decades Critical Art Ensemble has produced and internationally exhibited art which addresses the politics of information, communications and biotechnology. They have published five books and countless essays, and have been translated into thirteen languages. Kurtz himself taught at Carnegie Mellon University for nine years and is currently Associate Professor at the State University of New York's University at Buffalo.

Critical Art Ensemble has very publicly and legally performed scientific processes to demystify them and make them accessible to audiences. "Free Range Grains," CAE's latest project, includes a mobile DNA extraction laboratory for testing food products for possible transgenic contamination. This and other equipment has been confiscated by the FBI although field and laboratory tests have shown that Kurtz's equipment was not used for any illegal purpose, nor is it 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. The samples of bacteria found with Kurtz's lab are among the most common harmless strains used in educational institutions everywhere.

The implication of the current charges against Kurtz, given what we know about the evidence, is that it is illegal for a citizen to possess materials commonly used for research in legitimate institutions everywhere. If we allow the government to call this terrorism, the effects will be felt not only by artists, academics, amateur scientists and researchers of all kinds but will exacerbate the chill already being felt by institutional scientific research. Over the past two years, many prestigious organizations of professional scientists have already issued statements warning that the increasing restraints on academic freedom are counterproductive to our nation's security.

We insist that charges against Steve Kurtz be dropped before this prosecution does more damage to the values we most wish to protect.

Sincerely,

This letter was initiated on June 6, 2004
http://caedefensefund.org/letter_sign.html

Don't carry paint brushes on airliners...actually, don't carry paintbrushes at all. If I were a citizen of the US I would take away my three-year-old daughter's paintbrushes and burn them - it's gotta be better than seeing her locked up in Guantanamo Bay, after all!

Professor Steve Kurtz was charged by a federal grand jury in Buffalo, New York--not with bioterrorism, as listed on the Joint Terrorism Task Force's original search warrant and subpoenas, but with "petty larceny," in the words of Kurtz attorney Paul Cambria. (See http://www.caedefensefund.org/ for background.)

Also indicted was Robert Ferrell, head of the Department of Genetics at the University of Pittsburgh's School of Public Health. The charges
concern technicalities of how Ferrell helped Kurtz to obtain $256 worth of harmless bacteria for one of Kurtz's art projects.

The laws under which the indictments were obtained--Title 18, United States Code, sections 1341 and 1343, covering mail and wire fraud--are
normally used against those defrauding others of money or property, as in telemarketing schemes.

This is a far cry from the bioterrorism charges originally sought by the District Attorney...

Many believe the attempt to cast the $256 technicality as a public health and safety issue is a face-saving measure by the government, which has already expended an enormous amount of time and money in their fruitless pursuit of this case.

Although the original bioterrorism charges are now completely off the table, the trial still promises to be financially and psychologically draining for the defendants.

The international support of the defendants by artists, scientists and other citizens has been remarkable; it is crucial that this support continue as the government extends this outrageous and wasteful persecution into a grueling trial.
From ""BIOTERROR" CHARGES DOWNGRADED TO "MAIL FRAUD" IN STEALTH INDICTMENT U.S. Attorneys attempt to cast $256 technicality as health and safety issue in "stealth" indictment." June 29, 2004

FBI HARRASSMENT OF ARTIST AND SCIENTIST CONTINUES
Kurtz and Ferrell face 20-year charges of mail and wire fraud in federal court arraignment. Dr. Steven Kurtz, Associate Professor of Art at the University of Buffalo, was arraigned and charged in Federal District Court in Buffalo today (July 8) on four counts of mail and wire fraud (United States Criminal Code, Title 18, United States Code, Sections 1341 and 1343), which each carry a maximum sentence of 20 years in prison.

The defendants were charged not with bioterrorism, as listed on the Joint Terrorism Task Force's original search warrant and subpoenas, but with a glorified version of "petty larceny," in the words of Kurtz attorney Paul Cambria. The laws under which the indictments were obtained are normally used against those defrauding others of money or property, as in telemarketing schemes. Historically, these laws have been used when the government could not prove other criminal charges. See http://www.caedefensefund.org/ for background
and full text of indictment.