The US government has accused a 26-year-old Chinese student of committing six misdemeanor offenses under the Espionage Act. He is alleged to have used an unregistered drone to capture footage of advanced US Navy vessels.
The charges are based on a provision in the Espionage Act dating back to World War II that prohibits the use of aircraft to photograph military facilities, making this case notably rare. The judge noted the unusual nature of the case due to its prosecutorial nature and introduction of new legal and factual issues, citing a lack of past precedents.
On January 6, 2024, Fengyun Shi, a student on a foreign student visa, was found near the headquarters of Huntington Ingalls Industries in Newport News, Virginia.
According to testimony by FBI Special Agent Sara Shalowitz, Shi’s drone became stuck in a tree belonging to a local resident.
Shi attempted to retrieve his drone and when questioned, disclosed that he was operating the drone near the Newport News Shipbuilding facility as a Chinese citizen and student in the US. The resident then contacted the Newport News Police after collecting Shi’s ID, rental Tesla car license plate, and photo.
At the time, Shi was wearing a University of Minnesota sweatshirt, claiming to be an “international student on vacation in the area.”
When authorities arrived, Shi claimed he was trying to recover his drone. When questioned about why he was flying a drone in the area and during dangerous weather conditions, he became visibly nervous and failed to provide a satisfactory explanation.
When asked if he knew he was operating the drone in a restricted area, Shi produced what appeared to be a device resembling an iPhone connected to the drone, claiming he believed he could fly the drone in a residential area, according to the testimony.
Shi grew increasingly agitated, clutching the phone to his chest, stating he only needed help retrieving the drone from the tree, as stated in the testimony.
Subsequently, the police directed him to contact the local fire department and advised him to stay put while they dealt with the situation. However, instead of cooperating, Shi abandoned the drone, returned the rental car within an hour, and hastily left Virginia.
The law enforcement footage was later submitted to the Naval Criminal Investigative Service (NCIS).
On January 8, residents turned in the drone, which had fallen from the tree along with an SD card.
The FBI conducted an investigation and found that the photos and videos on the SD card allegedly captured images of US Navy vessels and/or vessels intended for use by the US Navy.
The affidavit included night photos of the BAE Systems shipyard and one of the Newport News Shipyard, both located about a 45-minute drive from where the drone was stranded.
During that time, both shipyards were actively engaged in constructing aircraft carriers and Virginia-class nuclear submarines.
The testimony outlined the sensitive nature of the Navy aircraft carriers with secret and sensitive systems onboard. The nuclear submarines also contained highly classified Navy Nuclear Propulsion Information (NNPI), making them sensitive and classified even during their design and construction phases.
Shi was charged with six misdemeanor offenses under the Espionage Act, including unauthorized photography of critical military facilities and prohibited aircraft photography of important military facilities. Each offense could potentially carry a maximum sentence of one year in federal prison.
While awaiting trial, he was required to reside on probation in Virginia and surrender his passport to authorities. According to records from the Eastern District of Virginia federal court, Shi required Mandarin translation assistance.
The trial was set for June 20.
On January 18, Shi was initially charged with six felonies in the Eastern District of Virginia but the charges were later reduced to misdemeanors on February 1.
The reason for the shift in prosecution strategy remains unclear.
In March, the prosecutor requested a delay, which was approved by the judge. The judge noted the uncommon nature of the case due to its prosecutorial and legal complexities.
The judge mentioned that Shi was accused of violating two rarely prosecuted regulations, with the court only finding one prior reported case similar to this one from past precedents.
Additionally, the case may also involve disputes related to the First Amendment rights in the US.
Shi had minimal social media interactions.
Shi’s LinkedIn profile, which states he graduated from Jilin University and interned at the State Grid Corporation of China for nearly one and a half years. In his spare time, he played the online game League of Legends and was developing an application called Gopher Eye, funded by the National Science Foundation, to detect crop diseases through photos, for which he applied for a patent. He referred to himself as an “entrepreneur” on LinkedIn.
An acquaintance at the University of Minnesota described Shi as a “typical” student passionate about his studies. However, in the fall of 2023, economic and family conflicts along with academic setbacks led to a break in his studies.
The colleague mentioned that Shi soon became elusive, cutting off normal contact channels.
Since then, it has been challenging to reach Shi, and even the colleague was unaware of Shi’s current whereabouts in the US or his involvement in an uncommon national security case.
Emily Berman, a law professor specializing in national security at the University of Houston, told The Wire magazine that while the US Justice Department has guidelines advising against considering nationality in criminal investigations, there are exceptions for national security and border-related cases.
Berman explained that Shi’s Chinese citizenship likely raised red flags for investigators that would not be triggered if he were a US citizen, regardless of right or wrong.