People v. Aleynikov

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A statute that criminalizes the making of a tangible reproduction or representation of secret scientific material by electronically copying or recording applies to the acts of a defendant who uploads proprietary source code to a computer server. Defendant compressed, uploaded, and downloaded Goldman Sachs’s high frequency trading source code. A jury found Defendant guilty of unlawful use of secret scientific material. Supreme Court set aside the jury’s verdict, concluding that the source code was not a “tangible reproduction or representation” of the source code within the meaning of N.Y. Penal Law 165.07. The Appellate Division reversed, holding that Defendant made a “tangible reproduction or representation” of the source code when he uploaded the code to the hard drive of a computer server. The Court of Appeals affirmed, holding (1) there was legally sufficient evidence that Defendant created a tangible copy of the source code on the computer server in violation of section 165.07; and (2) there was legally sufficient evidence that Defendant had the necessary mens rea of “intent to appropriate…the use of secret scientific material.” View "People v. Aleynikov" on Justia Law