Questions About Provenance of WikiLoot Documents “Silly”?

“Chasing Aphrodite” author Jason Felch has called my questions about the provenance of the source documents for his “WikiLoot” project “silly.” But are they?

Specifically, I asked Mr. Felch on his “Chasing Aphrodite” blog:

“What is the source of these documents? Were they released legally or leaked unofficially? There would be some considerable irony if you are going to hunt looted material with “looted” documents. If the latter, shouldn't the NSPA apply?”

He responded:

“Your crack about nspa and "looted" documents is silly. I know you're used to fighting for your cause in the trenches, but hope you have more constructive thoughts to contribute about WikiLoot soon. We're open to them.”

See http://chasingaphrodite.com/2012/03/12/introducing-wikiloot-your-chance-to-fight-the-illicit-antiquities-trade/#comments

Yet, Mr. Felch strongly made the point at a recent talk in Washington, D.C., that museums holding artifacts illicitly excavated under Italian or Greek law were holding stolen goods and were subject to potential prosecution by the US Department of Justice under the National Stolen Property Act.

See http://chasingaphrodite.com/2012/02/08/video-chasing-aphrodite-at-the-national-press-club-in-washington-dc/

Moreover, the “Chasing Aphrodite” blog has discussed Professor Urice’s article on the subject.

See http://chasingaphrodite.com/2011/12/05/looted-antiquities-at-american-museums-an-on-going-crime-law-professor-argues/

Why wouldn’t the same analysis apply to illicitly obtained Italian and Greek government documents?

WikiLoot is a serious project that deserves some serious questions asked about it. To ask such questions, particularly at the invitation of WikiLoot itself, is not silly.

ICE Scorecard on Antiquities Seizures

The Museum Security Network has this AP Story entitled, "Antiquities Smuggling: Growing Problem at US Ports:" http://groups.google.com/group/museum-security-network/browse_thread/thread/03d93e714fcdcf4e?hl=en The article recounts recent antiquities seizures and hypes the supposed growth in antiquities smuggling.

Despite the title, overall, I suspect that the numbers cited more accurately reflect changed enforcement priorities than anything else. As was explained to me by an old Customs lawyer, Immigration and Customs Enforcement (ICE) loves these cases because of the publicity. The problem, of course, is that the quest for publicity often leads to hype that is not reflective of reality. Statements like these certainly don't help: "'A nation's culture is not for sale. These are not souvenirs to be displayed at someone's house,' said Anthony Mangione, a special agent in charge of the Miami office of the agency also known as ICE." In particular, this statement implies that collecting itself is somehow an illicit pursuit. Apparently, Agent Mangione does not know or much care that cultural artifacts have long been collected, preserved and displayed legally by Americans in their own homes for generations.

Again, while no one should condone smuggling, preservation of cultural heritage would be better served if there was less hype and more of an effort to incentivize source countries to pass fairer laws akin to the UK's system of Treasure Trove. That way, any problems would be largely addressed at the source than through our criminal justice system here.

A major problem in my opinion is that ICE and other federal agencies rely far too heavily on archaeologists with an axe to grind against collectors and museums as major sources of information. Using activists as experts is patently unfair and no doubt has led the government to overreach on occasion. (See: http://www.accg.us/issues/news/old-pots-cops-paint-as-201chot201d-sold-openly-in-thailand/?searchterm=Thailand) One hopes that the new "Penn Cultural Heritage Center" will not institutionalize this problem, but that remains to be seen.

LA Times Series on Roxanna Brown, an Expert in Southeast Asian Antiquities Who Died in Federal Custody

The Museum Security Network: http://groups.google.com/group/museum-security-network?hl=en has highlighted a LA Times series on Roxanna Brown, an expert in Southeast Asian antiquities who died in federal custody in May. As Ton Cremers notes, "Her arrest was part of the federal investigation that led to museum raids in January. She led a fascinating and ultimately tragic life that gets at many of the troubling aspects of the antiquities trade."

The latest LA Times story can be found here: http://www.latimes.com/roxanna Cremers indicates the other stories will be archived there as well. While one should not condone smuggling or efforts to cheat the tax man, federal investigators have probably overreached on claiming that artifacts were "stolen" from Thailand from the start. See:http://www.accg.us/issues/news/old-pots-cops-paint-as-201chot201d-sold-openly-in-thailand/?searchterm=Thailand

As set forth in this link, the same types of artifacts that the government claims are "stolen" are openly available for sale in Thailand itself. Moreover, Thailand had not even bothered to sign the 1970 UNESCO Convention. See: http://exchanges.state.gov/culprop/unesco02.html Thus, Thailand even lacks standing to ask the United States to impose import restrictions on these artifacts in support of Thai export controls.

Under the circumstances, I find it troubling that the Government has pursued this matter in such a heavy-handed fashion. These tactics have already cost Ms. Brown her life. The lawsuit that her family has brought is also likely to cost the government dearly as well.