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by Upstate NY
I am too late to include this post in Migeru's excellent airport secret legislation diary, but I wanted to alert Tribuners to an organized operation to secretly push the bounds of anti-terror legislation into the realm of mundane and banal acts.
This is a story that is local to me in Buffalo, and to my work at the University of Buffalo as an academic and artist. Last week, I went to a fundraiser for the defense of artist/academic Steve Kurtz, which was held in a church owned by the singer folk artist Ani DiFranco. At the fundraiser, we watched the film STRANGE CULTURE (starting Tilda Swinton) which is about the FBI's Kurtz case. (As an aside, Kurtz will be at the Oct 20 Festival Neurotica in Madrid to discuss his art, the movie and his case.) [I've given some background on the Kurtz case in the extended copy below.] After the movie, we listened to Kurtz and his lawyers discuss the case. It became apparent as we listened that the Feds are using this as a test case. They are trying to criminalize certain mundane cases of so-called "mail fraud" in order to vastly expand the powers of the Federal gov't. If Kurtz loses his case, then a new precedent will be set. In the US, if you incorrectly fill out your warranty card for your TV, for instance, that may land you in jail. Fill out a wrong date, be sent to the klink, etc. Diary rescue — promoted by Migeru
Background: Strange Culture
Lots of articles can be found at these links. I'll try to summarize as best I can after the links:
http://www.washingtonpost.com/wp-dyn/articles/A8278-2004Jun1.html Kurtz is an outspoken critic of corporate influence in American politics, and especially on agribusiness and GMO foods. Kurtz's wife died unexpectedly a few years ago. Upon entering his home, local authorities found test tubes and the like, part of Kurtz's art project (he was working with benign ecoli cultures at the time; an explanation of his art project can be found here): http://www.caedefensefund.org/background.html The FBI was brought in, and the nightmare began. Long story short, after confronting Kurtz about emails and his political views, he was initially charged as a terrorist for his art project materials, but when the materials were determined to be benign, he was later charged for mail fraud (i.e. receiving a shipment of cultures by mail over state lines when they were purchased by someone else). In addition, his collaborator, a biologist and geneticist at the University of Pittsburgh, has also been charged. This is something professors around the US do regularly in collaborative research. No one has ever been prosecuted for it, mail fraud in collaborations, that is. Mind you, this isn't a safety concern at all. If Kurtz had actually purchased the cultures himself, he would have been fine. But his collaborator in the same project purchased them and mailed them to Kurtz. The actual indictment contains absolutely no charges related to the cultures themselves since they were benign, the stuff of everyday high school lab projects. NY State has officially declared the cultures harmless. Strictly speaking, the mere fact of sending the package over state lines is what makes it illegal. It's not illegal to purchase cultures for someone else. It's not illegal to give cultures to someone in another state. It's only illegal to mail them over state lines unless you are the company that produced the cultures. And it's not illegal to mail them from one colleague to another within state lines. This is a technicality. Formerly, this was a civil offense. You'd pay a fine. In the FBI's Kurtz case, they are making it a criminal case under the Patriot Act. Mail fraud treasonous terrorist crime. The actual charge of mail fraud is so broad intentionally because this way, ANY ACT of mail fraud whatsoever may fall under the Patriot Act's purview. After the film, Kurtz indicted academics, intellectuals and scientists for giving in all too often to the thug tactics employed against him. Instead of rising up, academics and artists are self-censoring themselves, according to Kurtz. The Feds have already won. The local arts paper interviewed Kurtz this week. This is the interview, but you may want to skip to the key quote pasted below: http://artvoice.com/issues/v6n36/estranged_culture
Artvoice interview In the process of defending himself from ridiculous charges of mail fraud, Kurtz has come to understand a great deal about federal prosecutors and how they operate. For instance, he believes they are under orders to find any means of trumping up anti-terrorist measures under the Patriot Act, and they are hell bent on expanding their powers by pressing test cases into areas never before tried. Kurtz's is one such test case. He's not only being muzzled for his political views, but he's being used to further a law which will be used to muzzle all dissidents (academics, artists, ordinary people). This isn't necessarily a personal vendetta against Kurtz, but a programmatic attempt to reel in dissident voices, especially from the academic and arts community. |
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Thrown in jail, it could be you: the FBI's Kurtz case | 17 comments (17 topical, 0 editorial, 0 hidden)
Thrown in jail, it could be you: the FBI's Kurtz case | 17 comments (17 topical, 0 editorial, 0 hidden)
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