A planespotter has been arrested for taking a photo of a jet without even trespassing. It’s a military plane, but there’s no espionage charge. The lesson is: if you’re a Chinese citizen, visiting the United States, don’t take pictures near an Air Force base no matter how much you like aircraft.
21-year old Tianrui Liang is studying aeronautical engineering at the University of Glasgow. He was arrested this month at New York JFK as he was about to depart for Europe, accused of photographing the E-4B and RC-135 military jets at Offutt Air Force Base in Nebraska. While he was initially released, a Nebraska federal judge reversed that and detained him as a flight risk.
- 18 U.S.C. § 795 makes it unlawful to photograph designated “vital military and naval installations or equipment” without permission from the commanding officer or higher authority, with a penalty of up to one year in prison and a fine.
- Executive Order 10104 specifies what classified or designated military installations and equipment count for this purpose. The President defines “vital military and naval installations or equipment” whose images cannot be made without permission, and the order was signed February 1, 1950.
Liang reportedly flew to Vancouver, met a friend studying in New York, and together they entered the U.S. over land. They traveled through Seattle and Montana, then went on toward bases including Ellsworth Air Force Base in South Dakota to try to photograph B-1s, and later Offutt to photograph E-4B and RC-135 aircraft. He used planespotting websites that he frequents to identify the best vantage points.
The E-4B is the National Airborne Operations Center, a survivable airborne command-and-control platform for the President, Secretary of Defense, and Joint Chiefs. At least one E-4B is always on alert, hardened against electromagnetic pulse, it can refuel inflight, and seats up to 111 people. There are four, and they’re assigned to the 595th Command and Control Group at Offutt.
E-4B Doomsday plane being refueled!
📹: jmavphoto pic.twitter.com/Kvez2BqeX6
— Aviation (@xAviation) May 12, 2024
This aircraft is known as the “Doomsday Plane,” and is meant to ensure continuity of government command after nuclear attack, major natural disasters, or terrorism. It’s a fleet of old Boeing 747-200s that’s difficult to find parts for.
Since the planes are now 50 years old, they’ve become incredibly costly to maintain. The Government Accountability Office estimates a cost of $372,496 per flight hour, and spare parts procurement is difficult as there’s no longer an active world fleet of similar aircraft.
Two years ago, the Air Force awarded a $13 billion contract to Sierra Nevada Corporation for developing the next-gen Doomsday Plane” called the Survivable Airborne Operations Center. They’re using ex-Korean Air Boeing 747-8s. The fleet will grow to 10 “E-4C” aircraft by 2036.
The law covers images photographed out in the open, with no trespassing involved. There is no espionage charge. There are no known public allegations of involvement with any intelligence service. There’s nothing alleged beyond planespotting planes that the government deems sensitive. And he’s not someone that’s in a position to get away with that. And he was arrested leaving the country (he studies in Europe – if he wasn’t leaving the country he’d eventually be overstaying his visa).
Of course, the Air Force literally has photos of the plane on its website so concern here may be overblown. But you’ve got a Chinese national photographing the E-4B and RC-135 at Offutt Air Force Base and that doesn’t go over well.
The relevant law has rarely been used. Although when it has, it’s often been for Chinese naitonals photographing U.S. military installations. The conduct at issue is photographing something that was publicly visible and that there are public photos of already, and it’s not entirely clear that the public is reasonably on notice regarding what they cannot take pictures of. So it’s not clear how USA v. Liang actually ends.
My unpopular opinion is that photographing something that’s out in the open for all to see is 1A protected activity, and magical incarnations of “national security” don’t change that.
(This is even more true when it’s a matter of public concern, and I’d say the E-4B is!)
(My second unpopular opinion is that 1A applies to people in the United States, including Chinese nationals, and not just to citizens; 1A doesn’t say that Americans have certain rights but rather that “Congress shall make no law”.)
Communist Chinese.
Enough said.
I mean this makes total sense. Imagine if he sends his photos back to China where they already have access to loads of similar photos on the internet. The commies will finally have us beat once and for all!
Pro tip to the government, if you don’t want your airplane photographed then don’t leave it out where it can be seen. Oh and if you’re so worried about this invasion of privacy, then please feel free to also stop collecting my data without my permission while you’re at it.