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03 September 2004 Shawn Carlson in The Washington Dispatch
In a recent commentary in The Washington Dispatch (17 August 2004), microbiologist Edward McSweegan cited a 2002 Society for Amateur Scientists media release in which Executive Director Shawn Carlson denounced the "demonization of citizen scientists." Carlson noted, "My fellow citizen scientists are very worried right now." McSweegan's commentary suggests that an interest in microbiology by both professional and amateur scientists could end up in an arrest by the FBI. He notes that the 2001 Patriot Act and the 2002 Public Health Security and Bioterrorism Preparedness and Response Act have been used to authorize the arrest and prosecution of several university professors, students and an artist. "As the arrest of [artist] Steve Kurtz suggests, the greatest threat may be to amateur scientists. The Society for Amateur Scientists (SAS) defines an amateur as "anyone who wants to do science simply for the pleasure of finding things out." Unfortunately, that also may be the FBI's definition of a terrorist."
McSweegan noted that avant garde artist Steve Kurtz, received "... samples of harmless bacteria from Pittsburg Professor Robert Ferrell who apparently failed to fill out the appropriate paperwork. Both men are facing the possibility of 20 years in prison." McSweegan quoted the US Biological Weapons Anti-Terrorism Act's (1989) prohibition of the possession of "... any biological 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." He then noted that the meanings of these phrases "are open to interpretation." The US Biological Weapons Anti-Terrorism Act also provides, "(b) INTENT OF ACT- Nothing in this Act is intended to restrain or restrict peaceful scientific research or development." Thus, in principle, scientists who are conducting peaceful biological research should have nothing to fear. The Citizen Scientist will watch this issue carefully and report on instances in which well-meaning amateur, student and professional scientists have been detained or arrested for conducting research allowed under the law. News items that we have missed and rational comments on various sides of this issue can be submitted to our Backscatter department. Please be sure to include a statement to the effect that your comments can be published. Forrest M. Mims III
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Copyright 2004 by Society for Amateur
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