US Prosecutors Secure Guilty Plea In First-Of-Its-Kind Espionage Act Case Involving Drone Photography

The prosecution carries implications for the right to engage in photography or gather news.

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In a first-of-its-kind prosecution, a Chinese graduate student pleaded guilty to violating the United States Espionage Act when he flew a drone and photographed U.S. military and naval installations.

The plea deal does not create any legal precedent, and U.S. prosecutors in the Eastern District of Virginia never explicitly accused Fengyun Shi of spying on behalf of the Chinese government. However, the case itself carries implications for the right to photograph or gather news.

Shi agreed to plead guilty [PDF] to two counts of “unlawful photographing of designated installation without authorization.” Both are misdemeanor charges that carry a potential sentence of one year in prison and a fine of $100,000. He also faces deportation back to China.

According to the “statement of facts” in the plea agreement [PDF], Shi only took pictures of “U.S. naval vessels” and the sites of U.S. military contractors while flying his drone in Norfolk and Newport News in Virginia.

On January 6, 2024, Shi asked a resident of Newport News for help retrieving his “small commercial drone” after it became stuck in that resident’s tree. 

The resident contacted the Newport News police. Officers asked Shi why he was flying his drone “in the area and in such inclement weather, to which Shi offered no reason other than he thought he could fly his drone in the residential area.” 

Read the full article at The Dissenter