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Agreed. That's why I have issue with the misleading title meant to disparage China.
"Ex-IBM Employee Guilty of Stealing Secrets For China".
It is for himself and benefit all his customers including this company in the USA.

He wasn't selling to a company in the US, he is selling to a undercover agent. He could have done so but still it was benefiting the Chinese government, well, at least this is how DOJ accusing Xu.


Your hate for China knows no bounds. Such a long winded irrelevant example to pin the blame on China.
I know you are knowledgeable, but this is going too far in a subject I think is not your forte.

My wife is a Law Professor, she have a Juris Doctor Degree and a PhD in International Policy. And I have seek her advice. Does that forte enough?

And for me, I used to work as a Counter Intelligence Agent for the Army, I think I know how espionage work....

It have nothing to do with how I feel for China.


He already pleaded guilty to theft.

This is still espionage. In fact, most of the espionage act include theft and stealing.

Then they would say it is hacking US servers, and a big hoo ha.

Umm, that's just one of the scenario. You and I both don't know how he came up with the information, so...It could have been anything.

Doing it for his benefit is not spying for China, period.
The source code is available to him, except he used it outside of IBM biz for his personal gain.
I repeat here again, Clustered File System is common to database management software.
It is not strategic code.
Oracle offers, free and open source, their Oracle Cluster File System since 2002.
http://www.oracle.com/us/technologies/linux/025995.htm
OCFS2 (Oracle Cluster File System 2) is a free, open source, general-purpose, extent-based clustered file system which Oracle developed and contributed to the Linux community, and accepted into Linux kernel 2.6.16.
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Again, benefiting himself does not mean China was not benefited as a part....

As I said, DOJ alleged that Xu steal secret and sell them to the Chinese Government, that part would mean the information he stole would have benefit China.

And the definition of Open Source code does not mean it was not a protected information, as we do not know the extend to this issue, he may have stolen more than that, or doing it in a way would put National Security at risk.
 
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He wasn't selling to a company in the US, he is selling to a undercover agent. He could have done so but still it was benefiting the Chinese government, well, at least this is how DOJ accusing Xu.
My wife is a Law Professor, she have a Juris Doctor Degree and a PhD in International Policy. And I have seek her advice. Does that forte enough?
And for me, I used to work as a Counter Intelligence Agent for the Army, I think I know how espionage work....
It have nothing to do with how I feel for China.
This is still espionage. In fact, most of the espionage act include theft and stealing.
No need to bring in irrelevant qualifications. I am referring to the software involved.
I do read and appreciate your knowledgeable contributions to this forum.
Your bias against China is very obvious. I mean most of what you say is relevant but you always put it in an anti-China stance. That is no problem except that it is somehow uneasy when you sport a China flag. It had me puzzled for a while. Why would a Chinese national disparage China publicly, its like "washing dirty linen in public". I would understand that if one is Vietnamese, Uyghur or Falun Gong.
Umm, that's just one of the scenario. You and I both don't know how he came up with the information, so...It could have been anything.
Exactly, again that's why I have issue with the title.
Title used by Reuters is more reasonable.
I would think Reuters is more reputable than Fortune.com.

Again, benefiting himself does not mean China was not benefited as a part....

As I said, DOJ alleged that Xu steal secret and sell them to the Chinese Government, that part would mean the information he stole would have benefit China.

And the definition of Open Source code does not mean it was not a protected information, as we do not know the extend to this issue, he may have stolen more than that, or doing it in a way would put National Security at risk.
This is going in circles.
Open Source code means it is available for everybody to use as is or include it into their own software.
No point to continue. Its like flogging a dead horse.
Lets just agree to disagree.
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No need to bring in irrelevant qualifications. I am referring to the software involved.
I do read and appreciate your knowledgeable contributions to this forum.
Your bias against China is very obvious. I mean most of what you say is relevant but you always put it in an anti-China stance. That is no problem except that it is somehow uneasy when you sport a China flag. It had me puzzled for a while. Why would a Chinese national disparage China publicly, its like "washing dirty linen in public". I would understand that if one is Vietnamese, Uyghur or Falun Gong.

The software involve is not the center of the matter of this.

The law is. Regardless of what he steal, the term espionage is defined as per common law is a Stealing or Obtaining information that was otherwise restricted and without the permission of the holder of the information

This is not about which software he took or what it have to do with availability, the term and scope of "Espionage" does not include both, as long as he stole information pertained to have a restricted access and obtaining it without prior permission to the owner, that act, itself, by law, is defined as "Espionage". He could have stolen the information about the lunch menu in IBM if that menu is a restricted information and he has accessed it without authorization, that act is alone would have been considered as espionage

Doing it for money, or Doing it for King and Country is not considered relevant. Again, just because he want to benefit from this and he is selling it to other people for a quick buck, does not change the fact that such information are benefitted Chinese government. This is what DOJ alleged, if you want to claim his information did not benefit the Chinese government, then send proof to his lawyer, otherwise if he was convicted, HE IS SPYING FOR CHINA, regardless of whether or not is it his job or he is a third party asking for payment. Because it benefit the Chinese Government.

I am into the truth and by the book,. it have nothing to do with which flag I sport or what type of view I hold with a country, if you want too debate the law, then I can debate the law with you, if you don't, just admitted you don't know, but don't drag other thing into it.

Exactly, again that's why I have issue with the title.
Title used by Reuters is more reasonable.
I would think Reuters is more reputable than Fortune.com.

Each news paper takes on a given angle of an incident, Reuters does not pursuit whoever he is spying on does not make the title more reasonable.

This is the original document of the written court report from DOJ

https://www.justice.gov/opa/file/866976/download

Count 1

From at least in or about November 2014, through on or about December 7, 2Q15,
in the Southern District of New York and elsewhere, JIAQIANG XU, the defendant, intending
and knowing that the offense would benefit a foreign government, instrumentality, and agent,
namely the People's Republic of China ("PRC")

Count 1 accused Xu Economic Espionage, with intending and knowing that the offense would benefit a foreign government, instrumentality, and agent, namely the People's Republic of China.(sic)

which is in law term, the DOJ is accusing Xu spying for a foreign government, which is China.

And as per US Court Achieve,

http://www.morelaw.com/verdicts/case.asp?s=NY&d=102863

Xu was found guilty (He pled Guilty) on all 6 count (3 Economic Espionage, 3 Theft of Trade Secret), which is accepting the fact that He is indeed spying for China.

So, I don't see why Reuters Articles is more "reputable" just because it left out the fact that Spying for China charge is filed by DOJ and Xu's guilty verdict on that charge.

Or is my knowledge on law is wrong? DOJ did not accuse Xu with Spying for China and he did not plead guilty?

This is going in circles.
Open Source code means it is available for everybody to use as is or include it into their own software.
No point to continue. Its like flogging a dead horse.
Lets just agree to disagree.
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For the last time, what he steal does not matter, how it will be used and how he steal does.

Just because it is available to everyone does not mean it would not benefit anyone. And that is what the law entail, keep arguing what he has stolen is actually what turning in a circle. As I said, in term of Law, it could be anything, as longas it's restrictive and he acquire it without authorization.
 
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The software involve is not the center of the matter of this.
The law is. Regardless of what he steal, the term espionage is defined as per common law is a Stealing or Obtaining information that was otherwise restricted and without the permission of the holder of the information

This is not about which software he took or what it have to do with availability, the term and scope of "Espionage" does not include both, as long as he stole information pertained to have a restricted access and obtaining it without prior permission to the owner, that act, itself, by law, is defined as "Espionage". He could have stolen the information about the lunch menu in IBM if that menu is a restricted information and he has accessed it without authorization, that act is alone would have been considered as espionage

Doing it for money, or Doing it for King and Country is not considered relevant. Again, just because he want to benefit from this and he is selling it to other people for a quick buck, does not change the fact that such information are benefitted Chinese government. This is what DOJ alleged, if you want to claim his information did not benefit the Chinese government, then send proof to his lawyer, otherwise if he was convicted, HE IS SPYING FOR CHINA, regardless of whether or not is it his job or he is a third party asking for payment. Because it benefit the Chinese Government.

I am into the truth and by the book,. it have nothing to do with which flag I sport or what type of view I hold with a country, if you want too debate the law, then I can debate the law with you, if you don't, just admitted you don't know, but don't drag other thing into it.

Each news paper takes on a given angle of an incident, Reuters does not pursuit whoever he is spying on does not make the title more reasonable.

This is the original document of the written court report from DOJ

https://www.justice.gov/opa/file/866976/download

Count 1

Count 1 accused Xu Economic Espionage, with intending and knowing that the offense would benefit a foreign government, instrumentality, and agent, namely the People's Republic of China.(sic)

which is in law term, the DOJ is accusing Xu spying for a foreign government, which is China.

And as per US Court Achieve,

http://www.morelaw.com/verdicts/case.asp?s=NY&d=102863

Xu was found guilty (He pled Guilty) on all 6 count (3 Economic Espionage, 3 Theft of Trade Secret), which is accepting the fact that He is indeed spying for China.

So, I don't see why Reuters Articles is more "reputable" just because it left out the fact that Spying for China charge is filed by DOJ and Xu's guilty verdict on that charge.

Or is my knowledge on law is wrong? DOJ did not accuse Xu with Spying for China and he did not plead guilty?

For the last time, what he steal does not matter, how it will be used and how he steal does.

Just because it is available to everyone does not mean it would not benefit anyone. And that is what the law entail, keep arguing what he has stolen is actually what turning in a circle. As I said, in term of Law, it could be anything, as long as it's restrictive and he acquire it without authorization.
Where in the article say Xu is spying for China?
The incredible extent you are willing to go to tar China.
Your contorted reasoning is stretching credulity to the limits.

According to you, one would be guilty of spying if one took a simple screw and sold it to a PRC Government Agency just because the "economic espionage" law is drafted unreasonably broad and China is USA favorite fall guy.
Of course the software which is the stolen item is central to this matter.
This Clustered File System which is part of GPFS is the reason why Xu is charged and it is later that espionage charges are added when they realised that Xu had a Government Agency among his customers.
http://www.reuters.com/article/us-ibm-crime-china-idUSKCN0Z02KA

Xu is using this GPFS instead of other better free software simply because he is familiar with it, having worked at IBM China previously. His customers couldn't care less if Xu used GPFS or other free versions. Its like someone still using obsolete but proprietary iPhone OS 1 instead of latest free Android 7.

GPFS which debut in 1998 is obsolete, replaced with IBM Spectrum Scale.
This guy is just dumb and unlucky and arrest IBM as well since IBM is trying to benefit China.

Its like getting arrested for maximum jail term of 75 years for selling a pirate copy of MS DOS, or Windows 95.
I will leave it to members who have basic knowledge of IT file systems to decide for themselves whether this theft of an obsolete file system for his personal financial benefit justify espionage charges and to tar China based on it.
I used to work as a Counter Intelligence Agent for the Army
Not sure if you are still working for them.
Just post your points, I cannot verify the actual status of you or your wife. Its not that I doubt your knowledge or qualifications, but rather your agenda, don't keep justifying your post with you and your wife's unverified so called qualifications.
So, I don't see why Reuters Articles is more "reputable" just because it left out the fact that Spying for China charge is filed by DOJ and Xu pleaded guilty on that charge.
Reuters is definitly not pro China. So ...
Because Reuters got more knowledge and common sense than you?
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New York Times have certainly timed the publication for maximum eyeballs, i.e., Trump's first foreign trip.
Trump is the best mole for Russia in USA...I think Russians couldn't do better than that.
 
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Trump is the best mole for Russia in USA...I think Russians couldn't do better than that.


Could be. Even American politicians think that behind close doors:

Though Trump is in full-on banana republic mode. :partay:

Read:

 
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Where in the article say Xu is spying for China?
The incredible extent you are willing to go to tar China.
Your contorted reasoning is stretching credulity to the limits.

On the DOJ affidavit

The 3 count of Economic Espionage is on the DOJ affidavit on the court case The United States Government v. JIAQIANG XU,

https://www.justice.gov/opa/file/866976/download

COUNT ONE

(Economic Espionage)
The Grand Jury charges:

l. From at least in or about November 2014, through on or about December 7, 2Q15,
in the Southern District of New York and elsewhere, JIAQIANG XU, the defendant, intending
and knowing that the offense would benefit a foreign government, instrumentality, and agent,
namely the People's Republic of China ("PRC")
,
knowingly did steal, and without authorization
appropriate, take, carry away, and conceal, and by fraud, aiiifice and deception obtain a trade
secret, and attempted to do so, and aided and abetted the same, to wit, XU stole and converted to
his own use the source code for a piece of proprietary software, which source code was a trade
secret of a company for which XU previously worked (the "Proprietary Source Code"), with the
intent to benefit the PRC's National Health and Family Planning Commission (the "NHFPC").
(Title 18, United States Code, Sections 1831(a)(l), (4) & 2.)
-::r n ~l?r/vletJ<Y 6 / 14 /It ( C7vPr l( I() vJ 1. ,M J VI V\f--6 Case 7:16-cr-00010-KMK Document 15 Filed 06/14/16 Page 1 of 6 s:, kid
ORIGINAL
SUPERSEDING INDICTMENT
Sl 16 Cr. 10 (KMK)

Case 7:16-cr-00010-KMK Document 15 Filed 06/14/16 Page 2 of 6
COUNT TWO
(Economic Espionage)
The Grand Jury further charges:
2. From at least in or about November 2014, through on or about December 7, 2015,
in the Southern District of New York and elsewhere, JIAQIANG XU, the defendant, intending
and knowing that the offense would benefit a foreign government, instrumentality, and agent,
namely the PRC
, knowingly and without authorization did copy, duplicate, sketch, draw,
photograph, download, upload, alter, destroy, photocopy, replicate, transmit, deliver, send, mail,
communicate, and convey a trade secret, and attempted to do so, and aided and abetted the same,
to wit, XU copied the Proprietary Source Code, with the intent to benefit the NHFPC.
(Title 18, United States Code, Sections 183l(a)(2), (4) & 2.)

COUNT THREE
(Economic Espionage)
The Grand Jury further charges:

3. From at least in or about November 2014, through on or about December 7, 2015,
in the Southern District of New York and elsewhere, JIAQIANG XU, the defendant, intending
and knowing that the offense would benefit a foreign government, instrumentality, and agent,
namely the PRC
, knowingly did receive, buy, and possess a trade secret, knowing the same to
have been stolen or appropriated, obtained, and converted without authorization, and attempted
to do so, and aided and abetted the same, to wit, XU received and possessed the Proprietary
Source Code, with the intent to benefit the Nl-IFPC.
(Title 18, United States Code, Sections 183l(a)(3), (4) & 2.)

Xu pled GUILTY on all 3 Economic Espionage charge, which means he admit he is conducting espionage that would benefit a foreign government, instrumentality, and agent, namely, the PEOPLE REPUBLIC OF CHINA.

Again, do you know what does espionage means?

According to you, one would be guilty of spying if one took a simple screw and sold it to a PRC Government Agency just because the "economic espionage" law is drafted unreasonably broad and China is USA favourite fall guy.
Of course the software which is the stolen item is central to this matter.
This Clustered File System which is part of GPFS is the reason why Xu is charged and it is later that espionage charges are added when they realised that Xu had a Government Agency among his customers.
http://www.reuters.com/article/us-ibm-crime-china-idUSKCN0Z02KA

Xu is using this GPFS instead of other better free software simply because he is familiar with it, having worked at IBM China previously. His customers couldn't care less if Xu used GPFS or other free versions. Its like someone still using obsolete but proprietary iPhone OS 1 instead of latest free Android 7.

GPFS which debut in 1998 is obsolete, replaced with IBM Spectrum Scale.
This guy is just dumb and unlucky and arrest IBM as well since IBM is trying to benefit China.

Its like getting arrested for maximum jail term of 75 years for selling a pirate copy of MS DOS, or Windows 95.
I will leave it to members who have basic knowledge of IT file systems to decide for themselves whether this theft of an obsolete file system for his personal financial benefit justify espionage charges and to tar China based on it.
Not sure if you are still working for them.
Just post your points, I cannot verify the actual status of you or your wife. Its not that I doubt your knowledge or qualifications, but rather your agenda, don't keep justifying your post with you and your wife's unverified so called qualifications.

This is not according to me, this is according to the USC Title 18 definition of Economic Espionage.

https://www.gpo.gov/fdsys/pkg/PLAW-104publ294/pdf/PLAW-104publ294.pdf

To be charged or indicted for Economic Espionage, USC Title 18 offer the requirement as to;

1831. Economic espionage

‘‘(a) IN GENERAL.—Whoever, intending or knowing that the offense will benefit any foreign government, foreign instrumentality, or foreign agent, knowingly

‘‘(1) steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains a trade secret;
‘‘(2) without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys a trade secret;
‘‘(3) receives, buys, or possesses a trade secret, knowing the same to have been stolen or appropriated, obtained, or converted without authorization;
‘‘(4) attempts to commit any offense described in any of paragraphs (1) through (3); or

18 USC 1 note.
Economic Espionage Act of 1996.
Oct. 11, 1996 [H.R. 3723]
110 STAT. 3489PUBLIC LAW 104–294—OCT. 11, 1996
‘‘(5) conspires with one or more other persons to commit any offense described in any of paragraphs (1) through (3), and one or more of such persons do any act to effect the object of the conspiracy, shall, except as provided in subsection (b), be fined not more than $500,000 or imprisoned not more than 15 years, or both. ‘‘(b) ORGANIZATIONS.—Any organization that commits any offense described in subsection (a) shall be fined not more than $10,000,000.

1832. Theft of trade secrets

‘‘(a) Whoever, with intent to convert a trade secret, that is related to or included in a product that is produced for or placed in interstate or foreign commerce, to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will, injure any owner of that trade secret, knowingly—

‘‘(1) steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains such information;
‘‘(2) without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys such information;
‘‘(3) receives, buys, or possesses such information, knowing the same to have been stolen or appropriated, obtained, or converted without authorization;
‘‘(4) attempts to commit any offense described in paragraphs (1) through (3); or ‘‘(5) conspires with one or more other persons to commit any offense described in paragraphs (1) through (3), and one or more of such persons do any act to effect the object of the conspiracy, shall, except as provided in subsection (b), be fined under this title or imprisoned not more than 10 years, or both. ‘‘(b) Any organization that commits any offense described in subsection (a) shall be fined not more than $5,000,000.

-------------------------------------------------------------------------------------------------------------------------------

None of the requirement said what he need to steal to be a trade secret. So yes, if Microsoft still consider MS-DOS is trade secret (which they legally can, as the kernel code remain largely the basis of today windows) then stealing DOS 1.0 source code would be an act of espionage.

So, in answering your question, yes, as long as they are defined as Trade Secret, according to USC Title 18, you are conducting espionage by stealing it. And for Xu to have been charged with Economic Espionage, he would have to had intent to sell them to China. Thus, working as an agent ON BEHALF OF CHINA.

Economic Espionage and Theft of Trade Secret are the same charge with the latter does not have intend to sell these secret to a foreign government, foreign instrumentality, or foreign agent

Not sure if you are still working for them.
Just post your points, I cannot verify the actual status of you or your wife. Its not that I doubt your knowledge or qualifications, but rather your agenda, don't keep justifying your post with you and your wife's unverified so called qualifications.

I remember distinctly that it was you who said This is not my forte.

Would you be better off if I show you some Identification, such as Graduation Diplomas?

I argue the law, which I did not write them, you argue my qualification, I think it's quite easy to see who is doing what?

Again, I have no hidden agenda, Xu mean nothing to me, I do not feel bad about him getting caught, I did not feel happy about him getting caught, I simply stated the law and his charge, which he WAS CHRAGED WITH SPYING FOR CHINA, to which he pled guilty, hence in his own word, not mine, he was spying for China. Which my agenda is, why you cannot accept that, even Xu does.

Reuters is definitly not pro China. So ...
Because Reuters got more knowledge and common sense than you?
.

SO, because Reuter is not pro China and it is more believable than the rest?? LOL

I talk law, you can argue with me in law, I am not in a business to discuss private emotion. You might think whatever, he does not spy or conduct an act of espionage on behalf of China, but under the US law, HE DID.

That is not up to you, me, Reuters or any news agency. The point is, he has been charged Economic Espionage and accused of spying for China, he pled guilty, he is currently awaiting sentence, that is FACT, and regardless of what you think, those facts cannot be changed.

That is vietnamese 月狗style. Ignore this no life"professional"長氣鳩

@waz @The Eagle

Please check out this post. Thank you
 
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On the DOJ affidavit

The 3 count of Economic Espionage is on the DOJ affidavit on the court case The United States Government v. JIAQIANG XU,

https://www.justice.gov/opa/file/866976/download

COUNT ONE

(Economic Espionage)
The Grand Jury charges:

l. From at least in or about November 2014, through on or about December 7, 2Q15,
in the Southern District of New York and elsewhere, JIAQIANG XU, the defendant, intending
and knowing that the offense would benefit a foreign government, instrumentality, and agent,
namely the People's Republic of China ("PRC")
,
knowingly did steal, and without authorization
appropriate, take, carry away, and conceal, and by fraud, aiiifice and deception obtain a trade
secret, and attempted to do so, and aided and abetted the same, to wit, XU stole and converted to
his own use the source code for a piece of proprietary software, which source code was a trade
secret of a company for which XU previously worked (the "Proprietary Source Code"), with the
intent to benefit the PRC's National Health and Family Planning Commission (the "NHFPC").
(Title 18, United States Code, Sections 1831(a)(l), (4) & 2.)
-::r n ~l?r/vletJ<Y 6 / 14 /It ( C7vPr l( I() vJ 1. ,M J VI V\f--6 Case 7:16-cr-00010-KMK Document 15 Filed 06/14/16 Page 1 of 6 s:, kid
ORIGINAL
SUPERSEDING INDICTMENT
Sl 16 Cr. 10 (KMK)

Case 7:16-cr-00010-KMK Document 15 Filed 06/14/16 Page 2 of 6
COUNT TWO
(Economic Espionage)
The Grand Jury further charges:
2. From at least in or about November 2014, through on or about December 7, 2015,
in the Southern District of New York and elsewhere, JIAQIANG XU, the defendant, intending
and knowing that the offense would benefit a foreign government, instrumentality, and agent,
namely the PRC
, knowingly and without authorization did copy, duplicate, sketch, draw,
photograph, download, upload, alter, destroy, photocopy, replicate, transmit, deliver, send, mail,
communicate, and convey a trade secret, and attempted to do so, and aided and abetted the same,
to wit, XU copied the Proprietary Source Code, with the intent to benefit the NHFPC.
(Title 18, United States Code, Sections 183l(a)(2), (4) & 2.)

COUNT THREE
(Economic Espionage)
The Grand Jury further charges:

3. From at least in or about November 2014, through on or about December 7, 2015,
in the Southern District of New York and elsewhere, JIAQIANG XU, the defendant, intending
and knowing that the offense would benefit a foreign government, instrumentality, and agent,
namely the PRC
, knowingly did receive, buy, and possess a trade secret, knowing the same to
have been stolen or appropriated, obtained, and converted without authorization, and attempted
to do so, and aided and abetted the same, to wit, XU received and possessed the Proprietary
Source Code, with the intent to benefit the Nl-IFPC.
(Title 18, United States Code, Sections 183l(a)(3), (4) & 2.)

Xu pled GUILTY on all 3 Economic Espionage charge, which means he admit he is conducting espionage that would benefit a foreign government, instrumentality, and agent, namely, the PEOPLE REPUBLIC OF CHINA.

Again, do you know what does espionage means?

This is not according to me, this is according to the USC Title 18 definition of Economic Espionage.

https://www.gpo.gov/fdsys/pkg/PLAW-104publ294/pdf/PLAW-104publ294.pdf

To be charged or indicted for Economic Espionage, USC Title 18 offer the requirement as to;

1831. Economic espionage

‘‘(a) IN GENERAL.—Whoever, intending or knowing that the offense will benefit any foreign government, foreign instrumentality, or foreign agent, knowingly

‘‘(1) steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains a trade secret;
‘‘(2) without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys a trade secret;
‘‘(3) receives, buys, or possesses a trade secret, knowing the same to have been stolen or appropriated, obtained, or converted without authorization;
‘‘(4) attempts to commit any offense described in any of paragraphs (1) through (3); or

18 USC 1 note.
Economic Espionage Act of 1996.
Oct. 11, 1996 [H.R. 3723]
110 STAT. 3489PUBLIC LAW 104–294—OCT. 11, 1996
‘‘(5) conspires with one or more other persons to commit any offense described in any of paragraphs (1) through (3), and one or more of such persons do any act to effect the object of the conspiracy, shall, except as provided in subsection (b), be fined not more than $500,000 or imprisoned not more than 15 years, or both. ‘‘(b) ORGANIZATIONS.—Any organization that commits any offense described in subsection (a) shall be fined not more than $10,000,000.

1832. Theft of trade secrets

‘‘(a) Whoever, with intent to convert a trade secret, that is related to or included in a product that is produced for or placed in interstate or foreign commerce, to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will, injure any owner of that trade secret, knowingly—

‘‘(1) steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains such information;
‘‘(2) without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys such information;
‘‘(3) receives, buys, or possesses such information, knowing the same to have been stolen or appropriated, obtained, or converted without authorization;
‘‘(4) attempts to commit any offense described in paragraphs (1) through (3); or ‘‘(5) conspires with one or more other persons to commit any offense described in paragraphs (1) through (3), and one or more of such persons do any act to effect the object of the conspiracy, shall, except as provided in subsection (b), be fined under this title or imprisoned not more than 10 years, or both. ‘‘(b) Any organization that commits any offense described in subsection (a) shall be fined not more than $5,000,000.

-------------------------------------------------------------------------------------------------------------------------------

None of the requirement said what he need to steal to be a trade secret. So yes, if Microsoft still consider MS-DOS is trade secret (which they legally can, as the kernel code remain largely the basis of today windows) then stealing DOS 1.0 source code would be an act of espionage.

So, in answering your question, yes, as long as they are defined as Trade Secret, according to USC Title 18, you are conducting espionage by stealing it. And for Xu to have been charged with Economic Espionage, he would have to had intent to sell them to China. Thus, working as an agent ON BEHALF OF CHINA.

Economic Espionage and Theft of Trade Secret are the same charge with the latter does not have intend to sell these secret to a foreign government, foreign instrumentality, or foreign agent

I remember distinctly that it was you who said This is not my forte.

Would you be better off if I show you some Identification, such as Graduation Diplomas?

I argue the law, which I did not write them, you argue my qualification, I think it's quite easy to see who is doing what?

Again, I have no hidden agenda, Xu mean nothing to me, I do not feel bad about him getting caught, I did not feel happy about him getting caught, I simply stated the law and his charge, which he WAS CHRAGED WITH SPYING FOR CHINA, to which he pled guilty, hence in his own word, not mine, he was spying for China. Which my agenda is, why you cannot accept that, even Xu does.

SO, because Reuter is not pro China and it is more believable than the rest?? LOL

I talk law, you can argue with me in law, I am not in a business to discuss private emotion. You might think whatever, he does not spy or conduct an act of espionage on behalf of China, but under the US law, HE DID.

That is not up to you, me, Reuters or any news agency. The point is, he has been charged Economic Espionage and accused of spying for China, he pled guilty, he is currently awaiting sentence, that is FACT, and regardless of what you think, those facts cannot be changed.

@waz @The Eagle

Please check out this post. Thank you

winded-512.jpg

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A Los Angeles-area woman was arrested Tuesday by federal agents in a scheme to illegally export sensitive space communications technology to her native China, the U.S. Justice Department announced.

The equipment, worth more than $100,000, included components the government said are commonly used in military communications jammers.

The 14-count indictment described how Si Chen, also known as Cathy Chen, allegedly received payments for the illegal export of products. Payments were allegedly made through a bank account in China held by a family member.


The 32-year-old Chen was arraigned Tuesday afternoon in U.S. District Court in Los Angeles. If convicted of the charges, the defendant faces a statutory maximum penalty of 150 years in prison.

Chen is charged with conspiracy, money laundering, making false statements on an immigration application and using a forged passport. She also is charged with violating the International Emergency Economic Powers Act, which dates back to the 1970s and restricts and controls the export of certain technology and goods to foreign countries.

"Federal export laws are designed to protect American interests by preventing the proliferation of technology that may fall into the wrong hands, said acting U.S. Attorney Sandra R. Brown in a release.

"We will vigorously pursue those who traffic items that could harm our national security if they land in the wrong hands."

According to the indictment, Chen purchased and smuggled the sensitive items to China without obtaining the required licenses from the U.S. Department of Commerce. The documents allege she tried to avoid detection by removing the export-import warning stickers prior to shipping the components.

The government further alleges Chen rented an office in Pomona, California, under a false name and took delivery of the export-controlled items at this location. After obtaining the goods, the indictment alleges she then shipped the devices to Hong Kong, using a false name and providing false product descriptions and monetary values on the parcels.

The charges were contained in an indictment returned by a federal grand jury on April 27 and unsealed Tuesday after Chen's arrest. The probe began back in 2015 when federal agents intercepted a parcel that contained communications equipment sent by "Chunping Ji," the false name allegedly used by the defendant in the smuggle scheme.

http://www.cnbc.com/2017/05/23/la-w...f-smuggling-us-space-technology-to-china.html
 
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I guess its another malign charges against Chinese people. $100000 worth of equipment? I thought she is buying spare parts for automobile. WHat can $100000 worth of American product secret export especially in high end space sector?
 
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