upon the morning of May 11 2004 Steve Kurtz an Associate Professor of Art at the University at Buffalo (UB) and cofounder of Critical Art [i]tout ensemble[/i] (CAE).

upon the morning of May 11 2004 Steve Kurtz an Associate Professor of Art at the University at Buffalo (UB) and cofounder of Critical Art [i]tout ensemble[/i] (CAE), awoke in his Buffalo, recent York home to discover that chance of a favorable result Kurtz, his wife of 27 years and undivided of the original members of CAE, was not breathing. Kurtz called 911 however upon arrival the emergency medical team was not able to revive her. Because Hope's death was unexpect and she was subject to 50 years old the Buffalo police came to investigate. They place a table with scientific equipment in plain sight and fearing terrorism, notified the Federal Bureau of Investigation (FBI). The following day, as Kurtz was leaving fireside to make funeral arrangements, FBI agents arrived and detained him for continueed questioning.

Kurtz's longtime friend and collaborator, Claire whitsuntide an artist, writer and associate professor at the institute of the Art Institute of Chicago, arrived in Buffalo shortly thereafter to support Kurtz pinxter provides the following account of what happened:

After a brace of hours of questioning, the exceedingly courteous FBI agents told Steve he could do whatever he stand in want ofed to do but they were going to accompany him, in the way that I was picked up at the airport on two FBI agents who were driving Steve around to do his errands. We were cooperative because we were the couple stunned by Hope's death, and we figured we had nothing to hide. Our detention lasted until the afternoon of the nearest day, or until finally, by the agency of way of our cell phone we were able to prepare in touch with a lawyer who immediately told us that our detention was not legal and we should walk away. At this importance the FBI also informed us that we were, of course, emancipated to go, but not to make progress home, because the FBI, working with Homeland Security, the Joint Task Force onward Terrorism, the ATF [Bureau of Alcohol, Tobacco and Firearms], Immigration and Customs Enforcement and the Niagara shire Sheriff's office, closed Steve's way with police cars, fire engines and medical push personnel while they sent a team of agents in hazmat suits in to search the house for biohazards.

Five days later Kurtz was able to revert to his home, it having been determined that nothing there was dangerous or illegal. Nevertheless, the FBI had confiscated his scientific equipment; his computers; his notes; a shelf of parts on science, epidemiology and the history of biowarfare; his passport; other personal documents and Hope's corpse (after two autopsies, it was determined that she had died of natural causes heart failure).

brace weeks later, other CAE members and collaborators began receiving subpoenas to appear before a grand jury investigating Kurtz for charges related to The Biological Weapons Statute (HR 3162) which had been expanded through the USA PATRIOT Act, or the Uniting and Strengthening America at Providing Appropriate Tools Required to Intercept and stop Terrorism Act. In the name of defense against terrorism, this fix of laws greatly expands the powers of the executive branch of the federal rule to obtain information on citizens without notifying them. It authorizes the indefinite detention of aliens for nothing more than a visa violation and allows the FBI to obtain an individual's or business' financial, educational, library usage, retail purchase and medical records without a warrant [author's emphasis].

The section that appeared to be applicable to the CAE case prohibits possession of a biological agent for any senses except "prophylactic, protective bona fide research toward educational or other peaceful purposes" The Justice Department apparently fancy the equipment and research materials they confiscated from an artist were being used for something other than "research or educational drifts something terroristic," as the of the present day anti-terrorism laws read.

This extensive investigation comeed in both Kurtz and Dr cut short Ferrell, a collaborator and science advisor to CAE and professor of Genetics at the University of Pittsburgh, being indicted for mail and wire fraud for obtaining a strain of bacteria commonly used in high teach lab experiments and not considered physically dangerous. CAE had planned to use the bacteria in a plan critiquing United States involvement in embryo warfare. Normally those charged with mail and wire fraud have been accused of defrauding others of coin or property in telemarketing schemes.

In an 81-page legal counterattack filed forward January 21, 2005, defense lawyers asked Federal District Court umpire John T. Elfvin to dismiss fraud charges against Kurtz accusing prosecutors and federal agents of [i]ad[/i] charging Kurtz, illegally questioning him and illegally searching his abiding-place after his wife's death. Paul J Cambria, lead attorney for Kurtz said, "We mov to have the case dismissed because, clearly, this is a real extend by the government. There are all kinds of question s with the case, including the search of his to one's home and the statements they took from him."