In a highly unusual use of the USA Patriot Act, which its creators say was designed to prevent terrorist attacks in the United States, The New York Times reports that three artists have been served subpoenas to appear before a federal grand jury June 15. The grand jury is considering whether or not to charge Stephen Kurtz, an art professor at the University of Buffalo whose art involves the use of biology equipment, with "possession of biological agents."
Mr. Kurtz's problems with the Patriot Act began in May when he dialed 911 to report his wife of 20 years was unresponsive. When paramedics came to his house, one of them noticed that Kurtz had laboratory equipment, which he used in his art exhibits. The paramedics reported this to police and the FBI sealed off his house. Authorities later said that Kurtz's wife had died of "heart failure," but he wasn't allowed to return to his home for two days while the FBI confiscated his equipment, and biological samples. They also carted off his books, personal papers and computer. Eventually his home was declared "not a danger to public health," but the FBI did not return his equipment.
Kurtz founded the Critical Art Ensemble, an artists' collective that produces artwork to educate the public about the politics of biotechnology. The group has used "harmless" transgenic
forms of the E.coli bacteria in past exhibits. A member of the collective, Beatriz da Costa, an art professor at the University of California, Irvine, said the FBI served her a subpoena last week to appear at the grand jury hearing. Ms. da Costa told the Times that the bacteria was produced legally in "cooperation with a microbiology lab in Pittsburgh to create a transgenic E. coli that was completely harmless." In an interview with newbrainframe.org, an Italian art website, she said she found the subpeona alarming.
"I have no idea why they're continuing (to investigate)," said 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."
http://www.csmonitor.com/2004/0607/dailyUpdate.html