被疑是中国间谍 美国华裔博士生活一团糟[zt]# CivilSociety - 华人政治
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被疑是中国间谍 美国华裔博士生活一团糟
http://www.popyard.org/
自联邦调查局五年前给圣他克鲁兹加大华裔研究学者苏海平（音译，Haiping Su）扣上
「威胁国家安全」的高帽以来，他的生活变得一团糟。
苏海平将于5日在圣荷西联邦法庭，就联邦政府公开他的国家安全身分背景，且不给于
他洗刷的机会，要求赔偿。
苏海平的诉讼主要针对研究中心官员向他的同僚公开，他被禁止工作是因为联邦调查局
宣布他为安全威胁，侵害他的隐私权。苏海平的诉讼指出，一名主管曾向其他同僚表示
：「不该拿了别国的政府钱又否认。」
中国的商业间谍活动是硅谷的主要担忧。51岁、农学博士的苏海平认为，在联邦政府将
中国视为商业间谍活动打击目标的时代，他的华裔身分才会成为调查目标。苏海平表示
，自己与当年被控盗窃核机密，后与政府及媒体达成160万元和解的华裔科学家李文和
案件类似。
苏海平的诉讼相对单纯，他否认自己威胁到美国的安全，强调他从未进行任何安全敏感
的研究。但他在NASA/AMes研究中心的主管，将联邦调查局视他为安全威胁的消息公开
，令他名誉受损。苏海平透过律师表示，目前不愿对诉讼表态。但法庭证词显示，披露
他遭调查的事实，令他生活蒙上阴影，给人留下「他必定做过什么」的负面影响。
联邦律师在法庭文件上否认侵犯苏海平的隐私权，否认对苏海平造成伤害，指苏海平仍
保留在圣他克鲁兹加大职位，还获得升职与正面的工作评价。政府律师同时表示，向
NASA/Ames研究中心官员及苏海平的同事披露资讯，是基于避免研究中心出现安全疏漏。
苏海平2002年为联邦计画进行农业研究，并参与NASA/Ames中心2005年与圣他克鲁兹加
大合作。法庭纪录显示，联邦调查局在2003年就调查过苏海平，但并未公布为何将苏海
平定为威胁国家安全。研究中心曾在2007年表彰苏海平在2006年协助南加野火的灭火工
作。但联邦调查局在2008年向研究中心发出备忘录，告知苏海平的主管，当局认定他对
国家安全构成威胁，中心取消苏海平的安全许可，并禁止他在中心工作。
UC researcher fights feds over "security risk" tag
By Howard Mintz h****[email protected]
POSTED: 12/04/2013 07:19:23 AM PST
When the FBI slapped a mysterious "security risk" label on UC Santa Cruz
researcher Haiping Su five years ago, it turned his life upside down.
On Thursday, Su, a Chinese national and U.S. citizen, will head to federal
court in San Jose, looking to make the federal government pay millions of
dollars for publicly revealing his national security status without giving
him a chance to clear his name -- costing him his research role at NASA/Ames
Research Center in Mountain View.
Given his heritage, Su considers himself collateral damage in an era when
Chinese nationals often become prime targets of U.S. government efforts to
counteract economic espionage, a source of major concern in Silicon Valley.
Su likens his case to that of Wen Ho Lee, the Chinese scientist once accused
of stealing U.S. nuclear secrets who later settled a privacy case against
the federal government and media organizations for $1.6 million.
Su's unusual story will unfold before U.S. District Judge Edward Davila, who
is conducting the trial without a jury over the next two weeks.
Su's suit is simple: He denies being a security threat, stresses that he
never conducted security-sensitive research and claims his reputation was
ruined when his NASA/Ames bosses revealed to his colleagues that the FBI had
identified him as a security threat.
Su, through his attorneys, declined to comment. But in a deposition, the 51-
year-old with a Ph.D. in agronomy testified that the disclosures clouded his
life, leaving people with the impression "this guy must be doing something
wrong."
"I'm every day been thinking I'm a security-risk person, labeled by people,"
he testified. "This is huge impact, and hardship to my family."
The U.S. Justice Department does not comment on pending trials. But in court
papers, federal lawyers deny violating Su's privacy rights, and reject the
argument that the disclosures harmed him, noting that he has kept his same
job with UC Santa Cruz, securing raises and positive job reviews.
The government also argues it had a "significant security interest" in
disclosing the information to NASA/Ames officials and colleagues to protect
against security breaches at the center.
Su began agricultural research for federal projects in 2002, and was part of
a NASA/Ames contract awarded to a UC Santa Cruz team in 2005. Court papers
show that the FBI interviewed Su as early as 2003, although there is no
public account of why he was later deemed a security risk; there are
references, however, to Su's ties to China.
But the FBI sent a memo to NASA/Ames in 2008 telling Su's bosses that he was
a national security threat, prompting the center to strip Su of his
security clearance and bar him from the federal job site. This was a year
after NASA/Ames honored Su for his work with other researchers aiding
firefighters who battled major Southern California wildfires in 2006.
Su's case centers on the legal claim that NASA/Ames officials violated his
privacy rights when they told dozens of his colleagues that he had been
barred from the research center because the FBI declared him a security risk
. This included a supervisor's remark, Su claims, that the colleagues should
not "take money from a foreign government and then deny it."
Earlier in the case, Davila rejected the government's bid to dismiss the
privacy claim.
"The court is at a loss to understand how Su would not have a legally
protected privacy interest in an investigative determination by United
States agencies that he is a security risk," the judge wrote in November.
"Su's privacy interest appears particularly strong given his Chinese
heritage and (the) implication (he) took money from a foreign government."
Howard Mintz covers legal affairs. Contact him at 408-286-0236. Follow him
at Twitter.com/hmintz.
http://www.popyard.org/
自联邦调查局五年前给圣他克鲁兹加大华裔研究学者苏海平（音译，Haiping Su）扣上
「威胁国家安全」的高帽以来，他的生活变得一团糟。
苏海平将于5日在圣荷西联邦法庭，就联邦政府公开他的国家安全身分背景，且不给于
他洗刷的机会，要求赔偿。
苏海平的诉讼主要针对研究中心官员向他的同僚公开，他被禁止工作是因为联邦调查局
宣布他为安全威胁，侵害他的隐私权。苏海平的诉讼指出，一名主管曾向其他同僚表示
：「不该拿了别国的政府钱又否认。」
中国的商业间谍活动是硅谷的主要担忧。51岁、农学博士的苏海平认为，在联邦政府将
中国视为商业间谍活动打击目标的时代，他的华裔身分才会成为调查目标。苏海平表示
，自己与当年被控盗窃核机密，后与政府及媒体达成160万元和解的华裔科学家李文和
案件类似。
苏海平的诉讼相对单纯，他否认自己威胁到美国的安全，强调他从未进行任何安全敏感
的研究。但他在NASA/AMes研究中心的主管，将联邦调查局视他为安全威胁的消息公开
，令他名誉受损。苏海平透过律师表示，目前不愿对诉讼表态。但法庭证词显示，披露
他遭调查的事实，令他生活蒙上阴影，给人留下「他必定做过什么」的负面影响。
联邦律师在法庭文件上否认侵犯苏海平的隐私权，否认对苏海平造成伤害，指苏海平仍
保留在圣他克鲁兹加大职位，还获得升职与正面的工作评价。政府律师同时表示，向
NASA/Ames研究中心官员及苏海平的同事披露资讯，是基于避免研究中心出现安全疏漏。
苏海平2002年为联邦计画进行农业研究，并参与NASA/Ames中心2005年与圣他克鲁兹加
大合作。法庭纪录显示，联邦调查局在2003年就调查过苏海平，但并未公布为何将苏海
平定为威胁国家安全。研究中心曾在2007年表彰苏海平在2006年协助南加野火的灭火工
作。但联邦调查局在2008年向研究中心发出备忘录，告知苏海平的主管，当局认定他对
国家安全构成威胁，中心取消苏海平的安全许可，并禁止他在中心工作。
UC researcher fights feds over "security risk" tag
By Howard Mintz h****[email protected]
POSTED: 12/04/2013 07:19:23 AM PST
When the FBI slapped a mysterious "security risk" label on UC Santa Cruz
researcher Haiping Su five years ago, it turned his life upside down.
On Thursday, Su, a Chinese national and U.S. citizen, will head to federal
court in San Jose, looking to make the federal government pay millions of
dollars for publicly revealing his national security status without giving
him a chance to clear his name -- costing him his research role at NASA/Ames
Research Center in Mountain View.
Given his heritage, Su considers himself collateral damage in an era when
Chinese nationals often become prime targets of U.S. government efforts to
counteract economic espionage, a source of major concern in Silicon Valley.
Su likens his case to that of Wen Ho Lee, the Chinese scientist once accused
of stealing U.S. nuclear secrets who later settled a privacy case against
the federal government and media organizations for $1.6 million.
Su's unusual story will unfold before U.S. District Judge Edward Davila, who
is conducting the trial without a jury over the next two weeks.
Su's suit is simple: He denies being a security threat, stresses that he
never conducted security-sensitive research and claims his reputation was
ruined when his NASA/Ames bosses revealed to his colleagues that the FBI had
identified him as a security threat.
Su, through his attorneys, declined to comment. But in a deposition, the 51-
year-old with a Ph.D. in agronomy testified that the disclosures clouded his
life, leaving people with the impression "this guy must be doing something
wrong."
"I'm every day been thinking I'm a security-risk person, labeled by people,"
he testified. "This is huge impact, and hardship to my family."
The U.S. Justice Department does not comment on pending trials. But in court
papers, federal lawyers deny violating Su's privacy rights, and reject the
argument that the disclosures harmed him, noting that he has kept his same
job with UC Santa Cruz, securing raises and positive job reviews.
The government also argues it had a "significant security interest" in
disclosing the information to NASA/Ames officials and colleagues to protect
against security breaches at the center.
Su began agricultural research for federal projects in 2002, and was part of
a NASA/Ames contract awarded to a UC Santa Cruz team in 2005. Court papers
show that the FBI interviewed Su as early as 2003, although there is no
public account of why he was later deemed a security risk; there are
references, however, to Su's ties to China.
But the FBI sent a memo to NASA/Ames in 2008 telling Su's bosses that he was
a national security threat, prompting the center to strip Su of his
security clearance and bar him from the federal job site. This was a year
after NASA/Ames honored Su for his work with other researchers aiding
firefighters who battled major Southern California wildfires in 2006.
Su's case centers on the legal claim that NASA/Ames officials violated his
privacy rights when they told dozens of his colleagues that he had been
barred from the research center because the FBI declared him a security risk
. This included a supervisor's remark, Su claims, that the colleagues should
not "take money from a foreign government and then deny it."
Earlier in the case, Davila rejected the government's bid to dismiss the
privacy claim.
"The court is at a loss to understand how Su would not have a legally
protected privacy interest in an investigative determination by United
States agencies that he is a security risk," the judge wrote in November.
"Su's privacy interest appears particularly strong given his Chinese
heritage and (the) implication (he) took money from a foreign government."
Howard Mintz covers legal affairs. Contact him at 408-286-0236. Follow him
at Twitter.com/hmintz.