in the email today... --- Original Message --- From: "CAE Legal Defense Fund" <[EMAIL PROTECTED]> To: allen-fluxus.org <[EMAIL PROTECTED]> Cc: Sent: Wed, 2 Jun 2004 20:43:46 -0400 (EDT) Subject: ARTISTS SUBPOENAED IN USA PATRIOT ACT CASE
> June 2, 2004 > FOR IMMEDIATE RELEASE > > > Contact: Beatriz da Costa, mailto:[EMAIL PROTECTED] > > > ARTISTS SUBPOENAED IN USA PATRIOT ACT CASE > Feds STILL unable to distinguish art from bioterrorism Grand jury > to convene June 15 > > HELP URGENTLY NEEDED - SEE BELOW > > > Three artists have been served subpoenas to appear before a federal > grand jury that will consider bioterrorism charges against a > university professor whose art involves the use of simple biology > equipment. > > The subpoenas are the latest installment in a bizarre investigation > in which members of the Joint Terrorism Task Force have mistaken an > art project for a biological weapons laboratory (see end for > background). While most observers have assumed that the Task Force > would realize the absurd error of its initial investigation of > Steve Kurtz, the subpoenas indicate that the feds have instead > chosen to press their "case" against the baffled professor. > > Two of the subpoenaed artists--Beatriz da Costa and Steve Barnes-- > are, like Kurtz, members of the internationally-acclaimed Critical > Art Ensemble (CAE), an artists' collective that produces artwork to > educate the public about the politics of biotechnology. They were > served the subpoenas by federal agents who tailed them to an art > show at the Massachusetts Museum of Contemporary Art. The third > artist, Paul Vanouse, is, like Kurtz, an art professor at the > University at Buffalo. He has worked with CAE in the past. > > The artists involved are at a loss to explain the increasingly > bizarre case. "I have no idea why they're continuing (to > investigate)," said Beatriz da Costa, one of those subpoenaed. "It > was shocking that this investigation was ever launched. That it is > continuing is positively frightening, and shows how vulnerable the > PATRIOT Act has made freedom of speech in this country." Da Costa > is an art professor at the University of California at Irvine. > > According to the subpoenas, the FBI is seeking charges under > Section 175 of the US Biological Weapons Anti-Terrorism Act of > 1989, which has been expanded by the USA PATRIOT Act. As expanded, > this law prohibits the possession of "any biological agent, toxin, > or delivery system" without the justification of "prophylactic, > protective, bona fide research, or other peaceful purpose." (See > http://www4.law.cornell.edu/uscode/18/175.html for the 1989 law and > http://www.ehrs.upenn.edu/protocols/patriot/sec817.html for its USA > PATRIOT Act expansion.) > > Even under the expanded powers of the USA PATRIOT Act, it is > difficult to understand how anyone could view CAE's art as anything > other than a "peaceful purpose." The equipment seized by the FBI > consisted mainly of CAE's most recent project, a mobile DNA > extraction laboratory to test store-bought food for possible > contamination by genetically modified grains and organisms; such > equipment can be found in any university's basic biology lab and > even in many high schools (see "Lab Tour" at http://www.critical- > art.net/biotech/free/ for more details). > > The grand jury in the case is scheduled to convene June 15 in > Buffalo, New York. Here, the jury will decide whether or not to > indict Steve Kurtz on the charges brought by the FBI. A protest is > being planned at 9 a.m. on June 15 outside the courthouse at 138 > Delaware Ave. in Buffalo. > > HELP NEEDED > > > Financial donations: > The CAE Defense Fund has so far received over 200 donations in > amounts ranging from $5 to $400. This is a wonderful outpouring of > sympathy, but a drop in the bucket compared to the potential costs > of the case. To make a donation, please visit > http://www.caedefensefund.org/ > > Letters of support: > Letters and petitions of support from biologists, artists, and > others, especially those in positions of responsibility at > prominent institutions or companies, could be very useful. See > http://www.caedefensefund.org/ for a sample letter of support. > > Legal offers and letters of support: > If you are a lawyer, offers of pro bono support or offers to write > amicus briefs would be very helpful. > > BACKGROUND > > > Early morning of May 11, Steve Kurtz awoke to find his wife, Hope, > dead of a cardiac arrest. Kurtz called 911. The police arrived and, > after stumbling across test tubes and petri dishes Kurtz was using > in a current artwork, called in the Joint Terrorism Task Force. > > Soon agents from the Task Force and FBI detained Kurtz, cordoned > off the entire block around his house, and later impounded Kurtz's > computers, manuscripts, books, equipment, and even his wife's body > for further analysis. The Buffalo Health Department condemned the > house as a health risk. > > Only after the Commissioner of Public Health for New York State had > tested samples from the home and announced there was no public > safety threat was Kurtz able to return home and recover his wife's > body. Yet the FBI would not release the impounded materials, which > included artwork for an upcoming exhibition at the Massachusetts > Museum of Contemporary Art. > > While most observers assumed the Task Force would realize that its > initial investigation of Steve Kurtz was a terrible mistake, the > subpoenas indicate that the feds have instead chosen to press their > "case" against Kurtz and possibly others. > > To donate to the CAE Defense Fund, and for up-to-date information > on the case, please visit http://www.caedefensefund.org/ > > For more information on the Critical Art Ensemble, please visit > http://www.critical-art.net/ > > To join a list about the case, please visit > http://groups.yahoo.com/group/CAE_Defense > > > Articles and television stories about the case: > http://www.appliedautonomy.com/cae/ > http://www.washingtonpost.com/wp-dyn/articles/A8278-2004Jun1.html > http://www.newsday.com/news/local/wire/ny-bc-ny-- > materialsremoved0601jun01,0,3539235.story?coll=ny-ap-regional-wire > http://www.buffalonews.com/editorial/20040602/1048042.asp > > > On advice of counsel, Steve Kurtz is unable to answer questions > regarding his case. Please direct questions or comments to > mailto:[EMAIL PROTECTED] > > --
