Source Code Theft Prosecutions
1. United States v. Anthony Levandowski – Waymo/Google Source Code Theft
Background:
Anthony Levandowski was a former Google engineer who joined Uber and was accused of downloading thousands of confidential files, including source code related to self-driving car technology, before leaving Google.
Facts:
Levandowski downloaded over 14,000 confidential files from Google’s autonomous vehicle project (“Waymo”) onto external drives, violating his employment agreements.
Charges:
Google sued Uber and Levandowski for trade secret theft and misappropriation of confidential information.
Outcome:
Uber settled the lawsuit by agreeing to pay $245 million to Waymo and removing Levandowski from the self-driving project. Levandowski was later criminally charged with trade secret theft and pled guilty, receiving a sentence of 18 months in prison.
Significance:
This case underscores the legal risks of misappropriating proprietary source code and trade secrets, especially in high-tech industries. It also highlights the use of civil and criminal law to address source code theft.
2. United States v. Juniper Networks Employee – Unauthorized Download of Source Code
Background:
An employee at Juniper Networks, a major network hardware company, was discovered to have downloaded large amounts of proprietary source code without authorization.
Facts:
The employee accessed confidential source code repositories and transferred files to personal devices with intent to use or distribute them unlawfully.
Charges:
Charged with theft of trade secrets under the Economic Espionage Act and computer fraud laws.
Outcome:
The employee was convicted and sentenced to prison and ordered to pay restitution to Juniper Networks.
Significance:
This case illustrates how insiders with access to sensitive source code can pose serious threats to corporate intellectual property, and how theft of source code is prosecuted under trade secret statutes.
3. United States v. David Nosal – Corporate Espionage and Source Code Theft
Background:
David Nosal, a former employee of an executive search firm, accessed confidential client information and proprietary databases, including software code, after leaving the company.
Facts:
Nosal used former colleagues’ login credentials to access company databases and download confidential information for a competing business.
Charges:
He was charged under the Computer Fraud and Abuse Act (CFAA) for unauthorized access and theft of trade secrets.
Outcome:
Nosal was convicted after multiple trials and appeals, with courts clarifying that violating company policies or accessing information beyond authorization can constitute criminal offenses.
Significance:
This case is important for defining legal boundaries around unauthorized access to corporate data, including source code, and the interpretation of the CFAA in source code theft cases.
4. United States v. Huawei Technologies – Alleged Theft of T-Mobile Source Code
Background:
Huawei Technologies was accused of stealing source code related to T-Mobile’s smartphone testing technology.
Facts:
Huawei employees allegedly infiltrated T-Mobile’s labs and took proprietary source code from a robot used for testing phones, then attempted to incorporate it into their own products.
Charges:
Huawei was charged with theft of trade secrets and industrial espionage.
Outcome:
Huawei denied wrongdoing but faced criminal indictments and significant legal battles in the U.S., including fines and restrictions on business activities.
Significance:
This case highlights state-level industrial espionage concerns and the serious repercussions for corporations involved in source code theft at an international level.
5. United States v. Christopher Albrecht – Source Code Theft from Software Company
Background:
Albrecht, a former software developer, was accused of stealing source code from his employer to start a competing company.
Facts:
He copied and transferred proprietary source code to external storage devices and used it to build competing products.
Charges:
Charged with theft of trade secrets, wire fraud, and conspiracy.
Outcome:
Albrecht was convicted and sentenced to imprisonment along with restitution payments.
Significance:
This case demonstrates how source code theft is prosecuted not just under trade secret laws but also wire fraud statutes when electronic communications or transfers are involved.
Summary & Legal Themes:
Source code theft is typically prosecuted under trade secret laws (e.g., Economic Espionage Act), Computer Fraud and Abuse Act (CFAA), and sometimes wire fraud.
Cases often involve insider threats—employees or contractors abusing access—or corporate espionage.
Prosecutions include both civil litigation (to recover damages) and criminal charges (prison and fines).
High-tech industries like software development, telecommunications, and autonomous vehicles are frequent targets.
Courts focus on unauthorized access, misappropriation, and intent to benefit unlawfully.
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