The U.S. Department of Justice is prosecuting Fengyun Shi, a Chinese national, under the Espionage Act for allegedly using a drone to take photos of critical military installations, including shipyards manufacturing nuclear submarines. This case represents a novel application of the World War II-era law, reflecting the new complexities introduced by modern technology.
On January 5, 2024, Shi traveled from Minnesota, where he was a graduate student, to Virginia. His studies focused on using AI to detect crop diseases. However, Shi’s activities during this trip centered on photographing the Newport News Shipyard and BAE Systems in Norfolk, Virginia, both key sites for U.S. Navy ship and submarine construction.
The incident unfolded on January 6 when Shi’s drone became stuck in a tree due to bad weather. When he sought help from a nearby resident, the local police were alerted. Shi’s behavior raised suspicions, and he left the area before retrieving the drone. The drone was later recovered by law enforcement, and its memory card revealed images of the military installations, prompting an investigation by the Naval Criminal Investigative Service (NCIS) and the FBI.
Shi has been charged with six misdemeanors under the Espionage Act, each carrying a potential penalty of up to one year in prison. These charges stem from statutes that prohibit photographing vital defense installations using aircraft. According to legal filings, Shi’s actions violated federal regulations governing the use of drones in restricted airspace.
This case is one of the first of its kind, highlighting the rare use of statutes from the Espionage Act related to photographing military sites. Emily Berman, a law professor specializing in national security at the University of Houston, noted the rarity and complexity of such prosecutions. “This is definitely not something that the law has addressed to any significant degree,” Berman told WIRED.
The prosecution comes amid heightened U.S.-China tensions, particularly concerning espionage and technology misuse. Recent incidents include the potential ban of Chinese drone maker DJI in the U.S. and espionage charges against individuals accused of spying for China and other countries.
Gen. Timothy Haugh, director of the National Security Agency and commander of U.S. Cyber Command, has underscored the threats posed by such espionage activities. The case against Shi, while focusing on the misuse of drones for photographing military installations, raises broader concerns about national security in an era of advanced technology.
Shi’s defense argues that his actions were not intentionally malicious. He has maintained that he was using the drone for recreational purposes. His case, which is proceeding in the federal court in Virginia’s Eastern District, has drawn attention due to its novelty and the broader implications for national security and First Amendment rights.
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