The Wolf and The “Ginger Wave”, FBI, Source Codes, and the Ballad
Once upon a time, there was a Chinese Ph.D. student named “Ginger Wave”, (Bo Jiang) 姜波, who upon graduation got a nice job working for a NASA contractor.
How did he get a job with a NASA contractor, even when he was a Chinese citizen? Who knows, but Ginger Wave didn’t lie, Ginger Wave didn’t care. The US government knew about him, there was no lie to tell, Ginger Wave did nothing wrong.
So Ginger Wave worked and worked. NASA had public database of work. Space was not classified. No military secrets out there.
Until one day, a whistle blower came unnamed unclaimed unimaginably lamed claimed Ginger Wave didn’t belong in the cubicles writing source codes, because the source codes were “secret”, that being “secrets” that Ginger Wave wrote down by himself.
A Wolf heard the Whistle blown by the Unnamed unclaimed lame Whistle Blower, and Whistled into the wild, baring teeth and bristling hair.
“A Ginger Wave cannot write down secret source codes, whatever the Ginger Wave wrote down is our secret, and the Ginger Wave stole our secret by writing them down when he was in China on vacation.”
So Ginger Wave lost his job, and couldn’t write any more codes. Months went by, Ginger Wave’s visa was expiring, and had to go home.
FBI came to stop him at the airport.
“Ginger Wave, you cannot go. We don’t know what secrets you have or have not wrote. Do you have electronic media?”
Ginger Wave thought and replied: “Let me see, while you hold me up by my flight, I have a laptop. Yes, I do.”
FBI brought down the luggage, “Ginger Wave, you didn’t say you had a second laptop, a hard drive, and a SIM card. You are under arrest for lying to us.”
Ginger Wave protested: “How did I lie to you?”
FBI quoted, “under US Code Section 1001 Title 18, Ginger Wave, omission of facts material is concealment and lying to law enforcement.”
Ginger Wave was sad, for he was no lawyer and had no answers.
For what Ginger Wave did not know is that, omission is only concealment if the government can prove that Ginger Wave had a duty to disclose the omitted information.
For Ginger Wave lost his job, Ginger Wave was not under arrest, Ginger Wave was completely free to leave US and go back to China.
What “duty to disclose” did Ginger Wave have?
Ginger Wave got a lawyer to claim it was a “witch hunt”, for Ginger Wave being either a Ginger or a Wave.
The Wolf does not like Ginger nor any Waves, for one made him itch and other made him sea sick.
For what possible wrong or lie did Ginger Wave do harm?
It has been months since the Unnamed unclaimed lame Whistle Blower blew the Whistle, the Wolf heard the Whistle blown and Whistled into the Wild, and Ginger Wave lost his job of writing down source codes that himself supposedly should not have written down.
NASA closed the public database, and shut its doors to the Whistling blower and the Whistling Wolf.
If there were wrongs, Ginger Wave has seen none.
His friends rallied to sing Ginger Wave’s tale.