Presses DOJ To Fully Investigate and Prosecute Hack of Ballclubs Computers
Texas Insider Report: WASHINGTON D.C. During a Senate Judiciary Committee hearing yesterday U.S. Sen. John Cornyn (R-TX) pressed a U.S. Department of Justice official about the alleged hacking of computer databases belonging to the Houston Astros:
I hope that FBI and DOJ will take the ongoing investigation into any criminal activity seriously and ensure that any wrongdoing is fully investigated and prosecuted" Sen. Cornyn said.
Below are excerpts of Sen. Cornyns exchange with Deputy Assistant Attorney General David Bitkower during the Judiciary Committees Subcommittee on Crime and Terrorism hearing. Video of the exchange can be found here.Senator Cornyn: It recently came to light that the St. Louis Cardinals are under investigation for hacking the proprietary database of the Houston Astros which happens to have the best record in the American League West. … I hope that FBI and DOJ will take the ongoing investigation into any criminal activity seriously and ensure that any wrongdoing is fully investigated and prosecuted.
As a general matter could accessing such information which would include trade secrets by the Astros would that does that give rise to a potential illegal economic espionage charge as well?"
Deputy Asst. AG David Bitkower: Again as a general matter accessing trade secrets from a protected computer could potentially violate two different statues: both the protection for the computer itself under CFAA as well as the trade secrets statute."
Cornyn: And as a general matter if the leadership were aware of that hacking could it mean that in addition to its employees the franchise included could be charged with a violation of CFAA or trade secret laws?"
Bitkower: Again speaking generally the question now goes I think to accessorial liability for a particular violation and the doctrines and statutes that govern whether one individual can be liable for the conduct of another are very fact-specific. Certainly if there was a common plan or agreement to violate the law there could be liability there."
