Former Goldman Sachs computer programmer Sergey Aleynikov should not have been charged with crimes under federal espionage and stolen property laws because his conduct did not fit the plain meaning of the statutes, the U.S. Court of Appeals for the Second Circuit said on April 11.
Explaining its Feb. 17 decision vacating Aleynikov’s conviction under the National Stolen Property Act and the Economic Espionage Act, and ordering him released immediately, a three-judge panel said in United States v. Aleynikov, 11-1126, that computer source code was not a “stolen good” under the former and was not “related” to a “product for or placed in interstate or foreign commerce” under the latter.
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