On Monday, July 8th, Fengyun Shi, a 26-year-old Chinese graduate student at the University of Minnesota, appeared in federal court in Norfolk, Virginia and pleaded guilty to misdemeanor charges of espionage for using a drone to capture images of US Navy vessels.
Shi admitted to two of the six misdemeanor charges under the Espionage Act with one prohibiting photography of military facilities in defense airspace and the other prohibiting the use of unregistered aircraft to photograph important military installations. The remaining four charges were dismissed by the US Department of Justice.
According to a report by Nikkei Asia, Judge Lawrence Leonard at the Walter E. Hoffman Courthouse in Virginia stated that “this is a rare charge,” and Shi could face up to two years in prison and fines of $100,000 for each offense.
The court ordered an investigation into Shi’s situation to determine his sentencing, with a decision expected to be announced by the end of August or September.
Prosecutors allege that in January 6th of this year, the student was operating a drone near the Newport News Shipbuilding yard in Virginia, capturing photos of US Navy vessels.
The Newport News Shipbuilding yard is currently the only shipyard in the US capable of constructing super aircraft carriers and has a close partnership with the neighboring Norfolk Naval Base.
It is alleged that Shi traveled to Virginia, rented a car, and flew his drone in the area during adverse weather conditions. The drone became stuck in a tree on private land.
According to an affidavit submitted by the FBI, a resident took photos of Shi, his ID, and the car’s license plates, leading to authorities being alerted.
Prosecutors stated that Shi appeared “very nervous” in the footage from the car’s camera and had “no legitimate reason to explain why he was flying a drone in adverse weather conditions.”
The FBI seized his drone and found photos and videos of US Navy vessels with sensitive systems, some of which were still in the design and construction phase.
This case notably invokes a law from the WWII-era Espionage Act prohibiting the use of aircraft to photograph military facilities. The only other similar case found by the court was related to an event in July 2009 on Long Island.
At that time, local resident Nancy Genovese was arrested for taking photos outside the Francis S. Gabreski Air National Guard Base while carrying a gun. Genovese later filed a lawsuit for false arrest, winning in 2014 and receiving a $1.12 million settlement.
Mary Ellen O’Connell, a law and international peace research professor at the University of Notre Dame, told Nikkei Asia that authorities typically overlook accidental photographs of military facilities taken by drone operators.
But O’Connell indicated that several factors around Shi’s case might lead prosecutors to believe they have grounds for prosecution, including him being a Chinese citizen, the sensitive location, and the data obtained by the drone.
Prosecutors heavily questioned Shi’s motives, partially due to the Newport News Shipbuilding yard being the only shipyard in the US constructing super aircraft carriers.
While authorities may consider deporting Shi after sentencing, his lawyer, Shaoming Cheng, pleaded for leniency. Cheng informed the court that Shi has two remaining courses in his master’s program, warning that “if he is deported, he will not be able to complete his studies.” Shi and his family have invested significant time and money in his master’s program.
Shi has been released on bail but is prohibited from leaving Virginia. His lawyer stated they would motion for the court to allow him to return to Minnesota to attend classes in August, though it is uncertain whether the university will permit his return.
US media outlet The Wire magazine interviewed an acquaintance of Shi at the University of Minnesota. The anonymous acquaintance described Shi as a child who was “very passionate about research.” However, economic and family difficulties in the fall of 2023, along with the stress of falling behind in credits, led him to interrupt his studies.
Since then, it has been challenging to contact Shi, and his current whereabouts and involvement in such a rare national security case are unknown.
Shi’s LinkedIn profile shows that he graduated from Jilin University and had interned at State Grid Corporation of China for nearly a year and a half. He is currently developing an application called Gopher Eye, funded by the National Science Foundation, which detects crop diseases through photos and has applied for a patent.