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Industry Collaborations on Cybersecurity: Protecting Against Antitrust Violations

Evan Wolff, David Laing, Kate M. Growley, and Elizabeth Blumenfeld, ABA Section of Criminal Justice, Vol. 29, No. 3, Fall 2014

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May 2014 found the Department of Justice (DOJ) with a first: criminal charges brought against a state actor for computer hacking, economic espionage, and other offenses. In the Western District of Pennsylvania, a grand jury indicted five members of the Chinese military for conspiring to hack into the computers of American corporate behemoths such as Westinghouse Electric Co., US Steel Corp., and Alcoa, Inc.—all to steal trade secrets that would benefit Chinese competitors, including state-owned enterprises. According to US Attorney General Eric Holder, “[t]he range of trade secrets and other sensitive business information stolen in this case is significant and demands an aggressive response.” (Press Release, Dep’t of Justice, U.S. Charges Five Chinese Military Hackers for Cyber Espionage against U.S. Corporations and a Labor Organization for Commercial Advantage (May19, 2014, http://tinyurl.com/oyxmb44.)

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