by Bart Perkins
I agree with the court, what the individual did is way short from espionage. For cases like this that’s what the civil courts are for. I guess now what it’s being recommended to the companies to do according to this article is to buy off the congress (I mean, lobbying) to actually “clarify” what it meant with the content of the EEA law. Ethics?!? What does that word mean by the way!
In this article “On April 11, our judiciary system failed the IT industry by limiting the ability of corporations to protect their internal software. Specifically,the U.S. Second Court of Appeals reversed the 2010 conviction of Sergey Aleynikow under the Economic Espionage Act (EEA). During his last day as a Goldman Sachs programmer, Aleynikov uploaded proprietary software that enhances Goldman’s high-speed trading capabilities. Shortly thereafter, he joined a company that develops software tools for financial services firms. What a coincidence.
While the judges acknowledged that the code Aleynikov used was “highly valuable,” they ruled that he had not violated the EEA, since Goldman had developed the code for internal use, not for sale. Further, he had not violated the National Stolen Property Act (NSPA), because he hadn’t stolen a physical object. So it’s against the law to steal office supplies, but it’s OK to steal valuable software?”