PROTEST TO DEMAND AN IMMEDIATE END TO THE INVESTIGATION OF STEVE KURTZ
AND THE CRITICAL ART ENSEMBLE

WHEN: 9 AM, June 15, 2004

WHERE: Niagara Square, Buffalo, New York, near the courthouse (see
"Driving Directions" below for map)

PLEASE CIRCULATE THIS CALL AS WIDELY AS YOU CAN.
Check for updates.

For background, please visit
and .
For PDFs of signs that you can print out, please visit

For information on June 15 protests in Amsterdam, San Francisco,
London and Paris, please visit



SUPPORT FREE SPEECH AND FREEDOM OF KNOWLEDGE

Critical Art Ensemble (CAE) is a collective of internationally
recognized artists who work in public, educational, academic and art
contexts. For the past few years, their principal aim has been to help
the general public to understand biotechnology. By making scientific
research accessible to laypeople through participatory performance
experiences, CAE aims to demystify what is safe and clarify what is
dangerous about today's biotech industry.

CAE always undertake their work in a safe and considered way. The
materials they use are strictly non-hazardous, can be legally obtained
by anyone, and are commonly found in undergraduate-level biology labs.
For more on CAE's projects and the biological agents and equipment
they work with, please visit .

A federal grand jury will convene on June 15 in Buffalo, New York, to
consider bioterrorism charges brought by the Joint Terrorism Task
Force against CAE member and University at Buffalo professor Steve
Kurtz. The grand jury is the latest installment in a bizarre
investigation in which members of the Joint Terrorism Task Force seem
to have mistaken CAE's latest art project for a biological weapons
laboratory.

According to the subpoenas served to at least seven artists, the
charges fall under Section 175 of the US Biological Weapons
Anti-Terrorism Act of 1989, which has been expanded by the USA PATRIOT
Act to prohibit the possession of "any biological agent, toxin, or
delivery system" without the justification of "prophylactic,
protective, bona fide research, or other peaceful purpose"
(http://caedefensefund.org/faq.html#law). Those served with subpoenas
include two founding members of CAE (Steven Barnes, Dorian Burr,
Beverly Schlee), two artists who have collaborated with CAE (Beatriz
da Costa, Paul Vanouse), and at least two other artists.

Many worry that the case could set a dangerous precedent by silencing
a group of artists for work that stimulates vital public discussion.
Many feel that with this case and others, the government is wildly
overreaching its mandate to protect the public from terrorism.

"Groups like CAE stimulate the public debate that is necessary to a
healthy democracy," said Claire Pentecost, an artist who has
collaborated with CAE in the past. "This isn't a case of one artist
fighting for the freedom to express him or herself with images or
speech that some of the public might find offensive. This is a case of
a group of artists using performance to educate the public on issues
that affect all of us in our daily lives. The government's actions
suggest a criminalization of a citizen's right to acquire knowledge by
completely legal means. This goes to the very heart of democracy."

A number of other recent cases suggest that that the PATRIOT Act and
other recent "security" measures have made freedom of speech
increasingly fragile in the U.S. A list of such cases will be
available


shortly at
ed
efensefund.org/


ABOUT THE DEMONSTRATION: Please bring signs and banners if you can
(see ). This is a
peaceful demonstration. As in all demonstrations, it's best to bring
personal identification (driver's license, passport, student id, proof
of address, etc.). Let someone know where you're going to be. Stick
with a buddy.

DRIVING DIRECTIONS: From Interstate 90 take 33W into downtown all the
way to the end. It will put you onto Oak St. Continue on Oak for 2
long blocks to Broadway. Go right on Broadway which runs right into
Court St. The first square is Lafayette and then comes Niagara Square.
There are paid parking lots all around this downtown area. Information
on possible housing will be on the website shortly.

June 2, 2004
FOR IMMEDIATE RELEASE

Contact: Beatriz da Costa, mailto:media@caedefensefund.org

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
for the 1989 law and
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
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

Letters of support:



Letters and petition
s
of support from biologists, artists, and others,
especially those in positions of responsibility at prominent
institutions or companies, could be very useful. See
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

For more information on the Critical Art Ensemble, please visit


To join a list about the case, please visit


Articles and television stories about the case:


materialsremoved0601jun01,0,353
9235.story?coll=ny-ap-regional-wire


On advice of counsel, Steve Kurtz is unable to answer questions
regarding his case. Please direct questions or comments to
mailto:media@caedefensefund.org.

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I always get feeling strange whenever I go away from Buffalo. I feel like I will never come back to here again or see here again. So, I have to check every single thing in my house before going away. But, I'm not sure that it is because of this feeling or not. Well, I&acirc;€™m going away for NYC for couple days and get this feeling again. Of course, I already checked all my stuff in the house. I know I'm strange. Oh well, I need to go to bed right now because I have to get up by 7 am.

I took her to the airport. I will miss her and her crumsy although she is going away for a week. Of course when I got in her house, she still hadn't packed anything yet. I love seeing her like that because it is very different from me. Although she is like that, she makes everything work. Me..? I'm trying to organize but I can't make everything work. That's ironic.

So, I was getting my coffee and some snack at the starbucks today and realized that I'm broke.
I thought it was gonna happen soon but didn't know how fast it could come.
I was suppose to go to New York with Alan tomorrow but I can't. Fuck it. I really wanted to go to see Whitney Biennial thing. I told Alan about my sistuation today and he said, he might go to New York sometime in this month again. Well, I felt so much better after hearing that.

I think I'm seriously broke but am wondering why I'm not really depressed by this happening. Well, probably I know I will get my one pay-check in the end of this month.. That's why..? Hum.. Getting spoiled.

I've been hanging out too much again. I tried to get some work done today but I had to come home because I was so hungry. Remember..? I'm broke.

It's okay. Really okay..?

I just talked to my second younger sister on the phone. She tried to help me to log on family blog website and I've been looking at all my family pictures there. I miss them so much.
Here my niece and nephew are.

I don't remember how my spring semester has gone. I just remember it was so quick and there is no more snow in Buffalo right now.

Now, I'm finally sitting in front of my computer to do something. I need to sit in here to read, to write or to think. I want to start writing something. I like writing in Korean, but I don't know how it would be okay in English.

I was out of my mind for a long time so that I couldn't have a time for myself. There should be a time for myself, but I don't know where I was.
I liked my lazy day for myself. I haven't listened to music or watched movies anything for a while. I lost myself.

I need to stop wasting myself. It was hard to hold it back. Painful emptiness was stayed in my heart for a long time. Why.. It was over long long time ago. Why I haven't realized it. I don't know.

I'm going to bed right now. That's better idea for now. Then I can start my day eariler tomorrow.

I made Robin's poster the other night.
I emailed her with this. She said, "it doesn't show my style" Yeah.. I know, so I told her that she should be the legend of video artist. Make sense..?

I don't know. I've been trying to upload image on Elmwoodstrip.com. But it isn't working at all.

Paul.. What's going on..?

I kind of gave up now.

Well, it is working right now.

My youngest sister is no longer mad at me anymore. She got mad at me because I took her bag in Korea over the Winter Break while I was in Korea.
She left one of her bags behind Korea. That one I really liked it, but she wouldn't give it to me when I was in Korea for Summer 2002. Well, I found out that she left it in Korea and I just took it. Then she found out when she went back to Korea on March. She got so mad and told me "What kind of big sister are you?" I was kind of avoiding her a little while. But the other night, we finally chatted on the messanger and she never asked me about the bag anymore. She was just happy to talk to me and suggested that we should go back to Korea at the same time. She misses me a lot. I love my youngest sister. She was always on my side whenever I had arguring with my first younger sister. I miss her a lot.

Here is the photo of her that she sent from London.