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Comment by S_A_P | Hacker News Reader

Article is light on details other than to say he was carrying out “legitimate academic research into security policy following the Arab spring”. Let’s say that someone from say China came to the US to stake out airports and study the US’s airport security protocol. I’m not sure the outcome would be much different. Even if this was all totally above board it Seems a bit naive to think this isn’t something that you should get permission and clearance to do. I think the fact that it’s played out this way makes me think it was probably not strictly academic. I guess I will start DDGing more details.

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It reminds me of the Czech game developers that spent months in jail for photographing a Greek military base they used as inspiration for a game's setting.

That said, there are entire communities in the US of people who set up cameras outside of airports and military bases to record activities. The folks at airports are doing it to photograph planes, and the people at military bases are usually doing it to see if they can provoke any sort of response. Even the TSA says they can't stop you from photographing security checkpoints, although they would prefer it if you didn't. AFAIK none of these people have been sentenced to life imprisonment.

> US to stake out airports and study the US’s airport security protocol. I’m not sure the outcome would be much different

Could you point to a real-life example you have in mind, in which either (or both) the judicial process was so non-transparent, or the punishment so severe? I mean, the obvious situation that comes to mind is Gitmo, but I couldn't think of instances of Gitmo detainees who were legal immigrants or on student visas.

There was recently a Chinese intelligence officer who was extradited to the U.S. to face espionage charges, but AFAIK, that case will be handled in open trial: https://www.nytimes.com/2018/10/10/us/politics/china-spy-esp...

https://en.wikipedia.org/wiki/United_States_v._Elcom_Ltd. comes to mind. Of course the charges were ultimately dropped, but only on condition that Sklyarov testify against his employer. On the other hand this as a DMCA case, not espionage. The reaction was massively unbalanced. If you had a researcher who was deemed to be revealing state secrets, it seems fairly likely that the state would use whatever powers it had to keep the lid on things.

My knowledge about this case comes only from the Wikipedia link you provided, but were the consequences in that case any different than what a U.S. citizen would face? I agree that DMCA cases are problematic to say the least. But I don't think it is at all reasonable to conclude, "If that's the trouble a simple DMCA case gets you, imagine what you face for foreign espionage" -- because we don't really need to imagine the latter. In Sklyarov's case, and in actual espionage cases, we know the details of the charges and judicial proceedings, even if we think the punishment/indictments are out of whack.

We don't seem to really know anything about UAE's case at the present moment. From The Guardian:

https://www.theguardian.com/world/2018/nov/21/british-academ...

> However, Emirati press claimed Hedges had confessed to the charges against him and the case had been passed to the state security court. There is no independent confirmation of this claim. Hedges was taken to court in Abu Dhabi twice in October, with the case being adjourned both times.

Again, Gitmo notwithstanding, I can't recall a U.S. case being handle in this fashion:

> Tejada said that during the first six weeks he was interrogated without a lawyer or consular access, and held in “inhuman” conditions under which his mental health deteriorated. During this time he was allegedly made to sign a document in Arabic which it has now been disclosed was a confession statement. Hedges does not speak or read Arabic.

You went totally the other way with the China angle though.

For high profile spying you would get consular help and maybe a spy trade.

No way you would be brought up on made up charges. You also have to consider the free press and the pressure they can apply in the US vs elsewhere.

The UAE press (or KSA, China, etc) operates under much different constraints.

> Let’s say that someone from say China came to the US to stake out airports and study the US’s airport security protocol. I’m not sure the outcome would be much different.

If they did their observations within the law, I don't see what they could be obtained or convicted of.

Maybe a better example is someone from china comes to the us and studies voter suppression tactics from republican legislatures. That would get people's ire up. It could be a perfectly legitimate academic activity. or studying how the fbi surveillance of groups could be considered to be suppressive. Those are unwelcome things from authorities even though they could be happening.

If my memory serves me right the guy was caught a year or two ago and was under heavy investigation by UAE counter-intelligence team.

And a life sentence is not something UAE courts would hand out lightly, especially in these circumstances.

My best guess is that UAE have not got what it asked for to release the guy pre-trial, but will get something now and sheikh will pardon the guy next week.

According to an earlier article [1] he was detained in May, seemingly of this year.

1. https://www.bbc.co.uk/news/uk-england-tyne-45871581

Okay, half a year ago.

Is it your belief that the UAE generally conservative with their prison sentences? What about the guy who had a piece of marijuana, invisible to the naked eye, smaller than a grain of sugar(0.003g), on his shoe - who was jailed for 4 years?

https://www.dailymail.co.uk/news/article-512815/Briton-jaile...

Never claimed that UAE is conservative with prison sentences. But having lived there for decade I can tell, in this particular case we are discussing UAE courts would not be quick to give life sentence.

UAE is in the hot region and their CID is doing an amazing job keeping UAE safe. As I recall this guy's case was somehow related to other much more serious cases where a bunch of UAE nationals got their life sentences as well. I, personally, have little sympathy to those who sabotage and disrupt peace in the region and I have no reasons to suspect CID to play stupid games in this particular case.

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