Academic Chill To: [log in to unmask] X-Mailer: Webmail Mirapoint Direct 3.3.5-GR MIME-Version: 1.0 Message-Id: <[log in to unmask]> Content-Type: text/plain; charset=iso-8859-1 Content-Transfer-Encoding: quoted-printable =A0 SUNY Art Professor's Use of Bacteria Prompts a Federal Investigatio= n and an = Academic Chill = By ROBIN WILSON = SUNY art professor's use of bacteria prompts a federal investigation= and an = academic chill = An art professor at the State University of New York at Buffalo is u= nder federal = investigation after paramedics called to his home for an emergency found= = bacteria and laboratory equipment that he was using in his research and = for a = future art exhibition. = The professor, Steven J. Kurtz, called 911 one morning last month when= he = woke up and found his 45-year-old wife unresponsive. A medical examiner = later = determined that she had died of heart failure. But paramedics at his hom= e were = alarmed when they saw petri dishes -- which were later determined to con= tain = three types of bacteria -- and the lab equipment there, as well as books= on = bioterrorism. = Agents from the Federal Bureau of Investigation and a hazardous-materi= als = team later arrived at the house, in Buffalo, and confiscated the equipme= nt and = bacteria, as well as several of Mr. Kurtz's books, some teaching materia= ls, and = his computer. = Although the investigation of his home is complete and county health o= fficials = have pronounced it safe, none of the material has been returned. In addi= tion, six = people, some of them colleagues of Mr. Kurtz's at the university, have r= eceived = subpoenas to testify next Tuesday before a grand jury that is looking in= to the = case. = The subpoenas cite federal law prohibiting the possession of "any biol= ogical = agent, toxin, or delivery system of a type or in a quantity that, under = the = circumstances, is not reasonably justified by a prophylactic, protective= , bona = fide research, or other peaceful purpose." = People who work with Mr. Kurtz say that the bacteria were harmless to = human = beings and that he was doing "bona fide research" with them and with the= = laboratory equipment -- a device that extracts DNA from food. Mr. Kurtz = is a = member of the Critical Art Ensemble, which calls itself "an artists' col= lective that = produces artwork to educate the public about the politics of biotechnolo= gy." The = group has sponsored museum exhibits on genetic engineering and genetic modification of food. = Mr. Kurtz was using the bacteria for research on biological warfare an= d = bioterrorism that was aimed at starting a public dialogue on the subject= through = art, said his colleagues. = In an e-mail message, the professor declined to talk to The Chronicle.= But his = lawyer, Paul J. Cambria, said the professor "feels the government is = overreacting." = "We don't know at this point for sure whether or not their overreactio= n is solely = a result of the times, or whether it is because of a disagreement with h= is = message, or a combination of the two," Mr. Cambria said. = Since the attacks of September 11, 2001, civil-liberties advocates hav= e = frequently criticized the federal government, which they say has used th= e threat = of terrorism as an excuse to crack down on dissenting views. Earlier thi= s year, = for example, a federal prosecutor tried to use a subpoena to gather info= rmation = about people who had attended an antiwar rally at Drake University (The = = Chronicle, March 5). Also this year, Army intelligence officers grilled = people at = the University of Texas at Austin about a conference on Islam held there= (The = Chronicle, March 26). = Paul Moskal, a spokesman for the FBI's Buffalo office, said agents had= spent 36 = hours searching Mr. Kurtz's home after obtaining a criminal search warra= nt. = They took "samplings of unknown material" that they had found in the hom= e = and sent them to a state health laboratory. Mr. Moskal would not identif= y the = material as bacteria, but he said the lab determined that Mr. Kurtz had = correctly = described the material to officers. = The office of the U.S. Attorney for the Western District of New York d= id not = return telephone calls seeking comment on Monday. = Steve Barnes, a Web designer at Florida State University and a member = of the = Critical Art Ensemble, said the case had sent a chill through academe an= d = among artists who do work like Mr. Kurtz's. = "The investigators have enough information to know that he's not linke= d to any = activity other than the arts scene," Mr. Barnes said. "So essentially th= ey're telling = him there's no room for amateur science, and unless you're a government = = researcher you have no business having this stuff." = Mr. Barnes said that the DNA-extraction machine can be purchased on eB= ay, = and that the microbes Mr. Kurtz had were "Biosafety Level 1 bacteria, wh= ich = basically means it can be used in a regularly trafficked area." = According to the Web site of the Federation of American Scientists, la= boratories = suitable for work with Biosafety Level 1 organisms are like those typica= lly found = in high schools. = The College Art Association, a professional society for artists, art s= cholars, and = institutions, is drafting a letter supporting Mr. Kurtz, and artists and= academics = are planning a demonstration outside the the federal courthouse in Buffa= lo = during the grand-jury hearing. = Adele Henderson, who heads the art department at SUNY-Buffalo, said th= e idea = that Mr. Kurtz was engaged in illegal activity is "absurd." She said the= university = had hired him precisely because of his controversial work. Art professor= s, she = said, often keep their supplies and projects at home because the univers= ity does = not provide them with studio space. = Copyright =A9 2004 by The Chronicle of Higher Education = Carmon Colangelo, Director = Lamar Dodd School of Art = University of Georgia = Visual Arts Building = Athens, GA 30602-4102 = 706-542-1600 = Fax: 706- 542- 0226 = [log in to unmask] = www.art.uga.edu = www.ice.uga.edu = Carmon Colangelo, Director Lamar Dodd School of Art University= of Georgia Visual Arts Building Athens, GA 30602-4102 706-542-1600 = Fax: 706- 542- 0226 [log in to unmask] www.art.uga.edu www.ice.uga.= edu