Data Breach And Corporate Espionage Prosecutions
United States v. Kevin Mitnick (1999)
Facts:
Mitnick, once one of the most notorious hackers, accessed numerous corporate networks (including phone and tech companies) to steal data and trade secrets.
Legal Issue:
Charged with wire fraud, unauthorized access, and possession of stolen information.
Outcome:
Pleaded guilty.
Served prison time and supervised release.
Became a case study on hacker prosecution.
Significance:
Landmark case in prosecuting data breaches and espionage before cybersecurity laws matured.
Showed serious legal consequences for unauthorized corporate data access.
2. United States v. Christopher David Evans (2018)
Facts:
Evans worked as an insider for a defense contractor and stole sensitive defense data, intending to sell it to a foreign competitor.
Legal Issue:
Charged with theft of trade secrets under the Economic Espionage Act (EEA).
Outcome:
Convicted after trial.
Sentenced to several years in prison.
Significance:
Demonstrated application of the EEA for insider corporate espionage.
Emphasized risks from trusted employees.
3. United States v. Anthony Levandowski (2020)
Facts:
Levandowski, an engineer at Google, downloaded thousands of confidential files before joining Uber, aiming to use them to accelerate Uber’s self-driving car tech.
Legal Issue:
Charged with theft of trade secrets and conspiracy.
Outcome:
Pleaded guilty to trade secret theft.
Sentenced to 18 months prison (reduced sentence due to cooperation).
Significance:
High-profile corporate espionage in tech.
Showed risks of intellectual property theft during employee transitions.
4. United States v. Xu Jiaqiang (2019)
Facts:
Xu hacked into U.S. companies’ systems to steal data and trade secrets, allegedly on behalf of a foreign government.
Legal Issue:
Charged with computer intrusion, economic espionage, and wire fraud.
Outcome:
Arrested and prosecuted.
Received a multi-year prison sentence.
Significance:
Example of state-sponsored corporate espionage prosecution.
Shows intersection of cybersecurity and national security law.
5. United States v. Jeremy Hammond (2013)
Facts:
Hammond hacked into a private intelligence firm’s servers, leaking internal documents.
Legal Issue:
Charged with computer fraud and unauthorized access.
Outcome:
Pleaded guilty.
Sentenced to 10 years in prison.
Significance:
Emphasized consequences for politically motivated data breaches.
Raised debates on whistleblowing vs espionage.
6. United States v. Guccifer 2.0 (2018, attributed)
Facts:
Guccifer 2.0 hacked the Democratic National Committee (DNC) servers, stealing emails and strategic data during the 2016 U.S. elections.
Legal Issue:
Charged with computer intrusion, identity theft, and conspiracy.
Outcome:
Charged in absentia.
Believed to be connected to Russian intelligence.
Significance:
Showed data breaches’ role in political espionage.
Highlighted cyber interference in elections.
Summary Table
| Case | Crime Type | Charges | Outcome | Significance |
|---|---|---|---|---|
| U.S. v. Kevin Mitnick | Data breach/hacking | Wire fraud, unauthorized access | Guilty plea, prison sentence | Early hacker prosecution |
| U.S. v. Christopher Evans | Corporate espionage | Theft of trade secrets (EEA) | Conviction, prison | Insider trade secret theft |
| U.S. v. Anthony Levandowski | Corporate espionage | Trade secret theft, conspiracy | Guilty plea, 18 months prison | IP theft in tech sector |
| U.S. v. Xu Jiaqiang | State-sponsored espionage | Computer intrusion, wire fraud | Conviction, prison | Espionage with foreign gov’t links |
| U.S. v. Jeremy Hammond | Data breach (hacktivism) | Computer fraud, unauthorized access | Guilty plea, 10 years prison | Politically motivated breach |
| U.S. v. Guccifer 2.0 | Political espionage | Computer intrusion, conspiracy | Charged, at large | Cyber interference in elections |
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