[Politech] Artists reportedly subpoenaed in Patriot Act case [fs]

From: Declan McCullagh (declan@private)
Date: Sun Jun 06 2004 - 21:32:13 PDT

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    -------- Original Message --------
    Subject: PATRIOT Act subpoenas for artists opposing genetically modified 
    foods
    Date: Thu, 3 Jun 2004 11:08:50 -0700
    From: Jim Warren <jwarren@private>
    To: Dave Farber:;, Declan McCullagh <declan@private>
    
    If the allegations below are anywhere near accurate, this has GOT to
    be one of the most bizarre examples yet, of abuse of the "PATRIOT"
    Act's powers.
    
    It appears that the FBI is either attempting to censor political art
    ... or is being incredibly stupid.
    
    --jim
    
    
    http://www.caedefensefund.org/
    
    June 2, 2004
    ARTISTS SUBPOENAED IN USA PATRIOT ACT CASE
    Feds STILL unable to distinguish art from bioterrorism
    Grand jury to convene June 15
    
    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 background
    below). 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.
    
    ...<SNIP>...
    
    
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