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Drone Photographer’s Unique Espionage Trial

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The Unusual Espionage Act Case Against a Drone Photographer

Shi’s Unique Legal Battle Over Drone Photography in Virginia Court

The case of Shi, currently unfolding in Virginia’s Eastern District federal court, presents a unique and rare legal challenge, as identified by Court Watch in February and further highlighted in March when a judge granted a motion for a time extension due to the case’s unusual nature. Shi faces charges under two seldomly prosecuted statutes, with the court finding only one prior case, Genovese v. Town of Southampton, that centers on one of the statutes related to photographing a military installation without an aircraft.
The Department of Justice (DOJ) has remained silent on inquiries from WIRED about Shi’s case, including questions regarding any involvement by the Chinese government. Both the prosecution and defense are reportedly seeking to resolve the case through a plea agreement, although Shi’s attorney has not commented on the matter.
Investigations into Shi’s background reveal a person of quiet normalcy with a minimal online presence. Shi, a soccer enthusiast and avid League of Legends player who even attended the game’s 2022 World Championship in San Francisco, is also noted for his academic pursuits. He is developing a smartphone app, Gopher Eye, aimed at detecting crop diseases, a project funded by the National Science Foundation and in the patent application process. Despite being described by a colleague at the University of Minnesota as a typical, passionate student, Shi faced personal and academic challenges in fall 2023, leading to a withdrawal from his studies and social circles.
The case raises significant questions about the DOJ’s motivations for prosecuting Shi, especially given that satellites from China routinely photograph U.S. military sites without similar legal actions being taken. This occurs amidst growing tensions between China and the U.S., although Shi is not accused of espionage or acting on behalf of a foreign government. His alleged crime is solely the act of taking photos with a drone, casting a shadow of ambiguity over the basis of the prosecution.

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