#266 Franklin Tao Wins Appeal; NBER Study; 1990 Workshop Video; Wisconsin Farmland; +

In This Issue #266

·       Professor Feng "Franklin" Tao Wins Appeal

·       Study Shows Drastic Decline in US-China Scientific Exchange

·       1990 Institute Teachers Workshop on U.S.-China Relations

·       WPR: Fears of China-owned Farmland in Wisconsin and US are Exaggerated

·       News and Activities for the Communities

Professor Feng "Franklin" Tao Wins Appeal

According to Reuters, Science, and multiple reports, on July 11, 2024, the Tenth Circuit Court of Appeals in Denver overturned the lone conviction of former University of Kansas (KU) Professor Feng "Franklin" Tao for making a false statement related to work he was doing in China.Professor Tao was one of the first academic scientists charged under the now-defunct China initiative launched in November 2018 by then-President Donald Trump to combat Chinese economic espionage. In 2019, DOJ had relied on information provided by one of Tao’s former colleagues — a visiting scholar at KU angry with Tao amid an authorship dispute. The colleague had demanded $300,000 from Tao or she would tell the FBI that Tao was a spy.The FBI investigation found no evidence of espionage involving Professor Tao. However, while still a tenured KU faculty member, he was arrested in August 2019 and spent 1 week in jail. In April 2022, a federal jury convicted him of three counts of wire fraud as well as making a false statement to KU about his ties to Fuzhou University in connection with grants from the Department of Energy (DOE) and the National Science Foundation (NSF).The university fired him after the jury decision, but 5 months later U.S. District Court Senior Judge Julie Robinson threw out the fraud convictions, citing a lack of evidence. And in January 2023 she rejected the government’s request for jail time and a stiff fine as a penalty for the false statement conviction. 

Professor Tao was sentenced to time served and a two-year probation, which was later reduced to one year.Professor Tao appealed the jury’s decision on this last remaining count, and the Tenth Circuit Court of Appeals in Denver ruled in a 2-to-1 decision that Professor Tao was right. “We reverse his conviction … and agree with Tao that the government offered insufficient evidence for a rational jury to find that his statement to his employer was material to any DOE or NSF decision” affecting the status of his grants.  U.S. Circuit Judge Nancy Moritz, wrote for the majority.Professor Tao is one of many China Initiative cases against U.S. academics that have fallen apart in court. President Joe Biden’s administration officially ended the program in February 2022. But Republicans in the U.S. House of Representatives have campaigned for it to be reinstated.Professor Tao said in a statement issued by United Chinese Americans (UCA) after the appeal victory, "Today, I come to you with a mix of heavy and joyous feelings to update you on the outcome of our four-year struggle. The Tenth Circuit Court has removed the last remaining charge against me. These four years of fighting against ten baseless charges have been an unimaginable battle. Without the just legal assistance of our lawyers, Peter Zeidenberg and Mike Dearington, I could not have achieved today's victory.

"I want to express my gratitude to our Chinese and Asian communities (including UCA, AAJC, Committee 100, APA Justice, Asian American Scholar Forum, CALDA, AFI, OCAA...) and the many Chinese friends who supported me. I am especially thankful for UCA's continued support and encouragement over these years. Special thanks go to UCA President Haipei Shue and his team for their tremendous support. Without President Shue's personal encouragement and support, we could not have fought to this day!"2024/07/13 AP: Court voids last conviction of Kansas researcher in case that started as Chinese espionage probe2024/07/12 CALDA: 陶教授无罪，华人无罪2024/07/12 Science: Court exonerates Kansas professor in China research fraud case​2024/07/12 Kansas Reflector: Federal appellate court tosses final conviction in case against former tenured Kansas professor​2024/07/11 俄州亚太联盟 OCAA: 罪名被推翻，陶峰教授赢了！2024/07/11 美國華人聯盟 UCA: 快讯 | 华裔学者陶丰胜诉，联邦上诉法院推翻定罪2024/07/11 Reuters: Kansas researcher wins reversal of conviction in Trump-era China probe​APA Justice: Feng "Franklin" Tao 陶丰

Study Shows Drastic Decline in US-China Scientific Exchange

In its June 2024 issue, the National Bureau of Economic Research (NBER) published a working paper titled Building a Wall Around Science: "The Effect of U.S.-China Tensions on International Science Research."The paper examines the impact of rising U.S.-China geopolitical tensions on three main dimensions of science: STEM trainee mobility between these countries, usage of scientific works between scientists in each country, and scientist productivity in each country. The paper examines each dimension from a “U.S.” perspective and from a “China” perspective in an effort to provide evidence around the asymmetric effects of isolationism and geopolitical tension on science.The paper finds that between 2016 and 2019 ethnically Chinese graduate students became 16% less likely to attend a U.S.-based Ph.D. program, and that those that did became 4% less likely to stay in the U.S. after graduation. In both instances, these students became more likely to move to a non-U.S. anglophone country instead.Second, the paper documents a sharp decline in Chinese usage of U.S. science as measured by citations, but no such decline in the propensity of U.S. scientists to cite Chinese research.

Third, the paper finds that while a decline in Chinese usage of U.S. science does not appear to affect the average productivity of China-based researchers as measured by publications, heightened anti-Chinese sentiment in the U.S. appears to reduce the productivity of ethnically Chinese scientists in the U.S. by 2-6%.The results do not suggest any clear “winner,” but instead indicate that increasing isolationism and geopolitical tension lead to reduced talent and knowledge flows between the U.S. and China, which are likely to be particularly damaging to international science. The effects on productivity are still small but are likely to only grow as nationalistic and isolationist policies also escalate. The results as a whole strongly suggest the presence of a “chilling effect” for ethnically Chinese scholars in the U.S., affecting both the U.S.’s ability to attract and retain talent as well as the productivity of its ethnically Chinese scientists.According to a report by the University World News on July 11, 2024, in almost every area, the NBER paper shows that “geopolitical tensions at a much lower level than the formal expulsion of academics or violent warfare can lead to a significant shift in scientist mobility”.

Professor Britta Glennon, who teaches management at the Wharton School (University of Pennsylvania) and is one of the study’s four co-authors.  “Over the past few decades, science has become more international across many dimensions. Science used to be concentrated in the West, but today there is a much more international scientific community,"  she said.  “For instance, many academics are immigrants, so right there you have a very international community. There are many more international collaborations than there used to be. And, increasingly, citations in papers are from papers produced in other countries.  Our study demonstrates in quantifiable terms how this large international scientific community is affected by the geopolitical tensions between the United States and China, which, from a scientific standpoint, are the major players."For their analysis of mobility using the Open Research and Contributor ID (ORCID), on which academics post their curricula vitae, Glennon and her colleagues constructed a database of 836,495 CVs in STEM fields (out of ORCID’s 14 million CVs).Using machine learning methods that infer ethnicity from names, they were able to classify scientists as being “ethnically Chinese”, which was the treatment group. The control group for those analyses was the non-ethnically Chinese complement, which was drawn from graduate students and professors in UK universities.The Pew Research Center reported in 2020 that anti-Chinese sentiment had risen 11 percentage points, from 55% to 66% in the five years since Trump began his first campaign for the presidency, which included significant anti-Chinese rhetoric, and the COVID-19 crisis, which Trump blamed on the Chinese calling it “the China virus”.

Glennon and her colleagues also reference the 2021 study, “Racial Profiling among Scientists of Chinese Descent and Consequences for the US Scientific Community”, that found that Chinese scientists “reported considerable fear of US government surveillance” at almost five times the rate of non-Chinese scientists: 50.7% vs 11.7%.An additional chill was Trump’s “China Initiative”.  Some 5,000 agents were assigned to the initiative tasked with preventing China from stealing technologies that were vital to America’s economic and military interests.  In July 2020, FBI director Christopher A Wray stated that the bureau was “opening a China-related counterintelligence case every 10 hours”.

As of September 2021, federal prosecutors had charged 28 researchers under the China Initiative. Of these, there had been about a dozen convictions or guilty pleas. Of the dozen or so Chinese professors or professors of Chinese descent, the government had convicted only four – none for espionage or theft of trade secrets or intellectual property.President Joe Biden’s justice department closed down the initiative in February 2022.Read the NBER paper: https://bit.ly/4602fKc.  Read the University World News report: https://bit.ly/4bLXfKp. 

1990 Institute Teachers Workshop on U.S.-China Relations

Political campaigns have and continue to portray China through an adverse lens, affecting decades-long efforts to build constructive relations with national and global implications.On June 20, 2024, the 1990 Institute hosted a Teachers Workshop on "U.S.-China Relations: Untangling Campaign Rhetoric and Understanding Policy."  APA Justice was one of the co-sponsors for the workshop.China scholars from Yale Law School, the University of Pennsylvania, and New York University’s Steinhardt School spoke at the workshop, providing context with an overview of the history of U.S.-China relations and then delved into issues affecting this global relationship during this election year, including trade, technology, and Taiwan.Watch a recording of the workshop: https://www.youtube.com/watch?v=w8AisB1NZYo (video 1:30:03).  Read the curated resources and lesson plans in the 1990 Institute's Reference Library.

WPR: Fears of China-owned Farmland in Wisconsin and US are Exaggerated

According to Wisconsin Public Radio on July 10, 2024, lawmakers and citizens are raising concerns about Chinese companies purchasing U.S. land. But a new analysis paints a different picture of who owns and leases American farmland.Wisconsin is among more than two-thirds of all states that are considering or have enacted laws limiting or banning foreign ownership of land. A Wisconsin state statute restricts foreign private investment in land.

Wendon Zhang, an assistant professor of economics with Cornell University, and two other researchers recently published an article — “Mapping and Contextualizing Foreign Ownership and Leasing of U.S. Farmland” — in the 2024 Journal of the American Society of Farm Managers and Rural Appraisers.

In an interview with Wisconsin Public Radio, Zhang said his recent research found that China and other “adversarial countries” hold zero acres of land in the “Lake Region” of the U.S., a space that includes Wisconsin. His team found that Canada, Denmark and Portugal are the top three holders of Wisconsin’s foreign-held land.“The bottom line is, if you’re concerned about significant Chinese holdings of agricultural land in Wisconsin, the evidence seems to say the contrary,” Zhang said.The U.S. has 3.4 percent of all privately-held agricultural land owned or long-term leased by foreign companies. That percentage in Wisconsin is 2.4 percent.  Eighty-five percent of all land in Wisconsin that has a foreign interest is forest land. So it is not cropland, not pasture land. It is actually nearly 400,000 acres of forest land, predominantly with Canadian ownership.

When you are looking at the adversary countries — China, Russia, Iran, North Korea and Venezuela — based on the public records voluntarily reported to USDA, all these countries do not hold any agricultural land in Wisconsin.However, Zhang also found that more than 51 percent of Wisconsin’s foreign-held agricultural land is categorized without a prominent country code, meaning investors in a particular property come from multiple countries. Zhang said it’s possible China or other countries might hold shares small enough in some types of holdings to fall outside of what is reported to the government, leaving them underrepresented in USDA data.Read the Wisconsin Public Radio report: https://bit.ly/3S3bwvc.  Read the journal article: https://bit.ly/3xTZq0N

News and Activities for the Communities

1.  APA Justice Community Calendar

Upcoming Events:2024/07/15 APIAVote: RNC Convention, AAPI Briefing &Reception, Milwaukee, WI2024/07/16-17 National Science, Technology, and Security Roundtable - Capstone2024/07/17 C100 Career Ceiling Summit: Creating a Level Playing Field2024/07/25-28 Leadership Convention by NAAAP (National Association of Asian American Professionals) 2024/07/27-28 Asian American Pioneer Medal Symposium and Ceremony2024/08/04 Rep. Gene Wu's Town Hall Meeting2024/08/05 APA Justice Monthly Meeting2024/08/19 DNC Convention, AAPI Briefing & Reception, Chicago, ILThe Community Calendar has moved.  Visit https://bit.ly/3XD61qV for event details.