As mentioned in an earlier post, Critical Arts Ensemble founder and fellow SUNY professor, Steven Kurtz was charged with bioterrorism under the Patriot Act earlier this year. The charges stemmed from some harmless bacteria found in his home after authorities responded to a 911 call he made upon finding his wife had died. Kurtz used the bacteria as part of an art project.

As reported in Wired News, Kurtz has been indicted on a far lesser charge, along with Robert Ferrell, the chair of the Univ of Pittsburgh’s Human Genetics department. The charge relates to the claim that Kurtz fraudulently obtained this material from Ferrell. While remaining a lesser charge, Wired reports they face up to 20 years in prison if convicted.

However, the Critical Art Ensemble Defense Fund site provides additional information. To begin with, the bacteria in question are used by high school students in biology experiments precisely because they are considered harmless. Secondly, in order to prove these charges, the prosecutor will need to demonstrate “criminal intent.”

These clearly seem like face saving moves on the part of the government. Yet another case of law enforcement and the executive branch overstepping the bounds of their constitutionally established authority. Al Gore has a recent essay on this subject that places the current administration in the context of constitutional history.

Thinking about this in the context of recent conversations about the cost of academic journals and the usefulness of the web for disseminating information, I think we need to keep in mind, as academics, the incredible power market interests can have upon our scholarship. Kurtz’s case is clearly far more worrisome as he faces the sharp end of ideological conflict. However, as we try to imagine intellectual communities of the future, we need to think not only about dissemination but perhaps security as well.