There is a reason that it is no joke to mess with other people’s mail – even snail mail. Federal Law – Title 18, Section 1708 of the United States Constitution was passed in 1948 and it states in part:
Whoever buys, receives, or conceals, or unlawfully has in his possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which has been so stolen, taken, embezzled, or abstracted, as herein described, knowing the same to have been stolen, taken, embezzled, or abstracted—
Shall be fined under this title or imprisoned not more than five years, or both.
Flash forward to 1986 when Congress enacted The Computer Fraud and Abuse Act. This law states, in part, that “whoever intentionally accesses a computer without authorization or exceeds authorized access,” and “thereby obtains information from any protected computer” is breaking the law.
According to reports, someone from the St. Louis Cardinals allegedly hacked the Houston Astros’ proprietary network. This was not an act of gamesmanship. This was not spying on a practice, or deflating a football. It was not piping extra crowd noise into a stadium or texting coaches from a skybox to the sideline. This was not a pitcher doctoring a baseball, or a doctor prescribing legal drugs for an unethical enhancement of performance. This was a clear violation of the law and a breach of privacy that is sacrosanct in American culture. Put aside any competitive advantage or petty resentments. If this turns out to be true, the Cardinals should be punished and punished severely.
Major League Baseball released a statement shortly after The New York Times revealed the hacking investigation. The entire statement reads:
“Major League Baseball has been aware of and has fully cooperated with the federal investigation into the illegal breach of the Astros’ baseball operations database. Once the investigative process has been completed by federal law enforcement officials, we will evaluate the next steps and will make decisions promptly.”
It is a curious thing that the word “alleged” does not appear in MLB’s statement. One source told Yahoo Sports that the breach has been traced to a home in Jupiter, Florida where several Cardinals employees reside. If proven accurate, this is where the conversation should start and stop. It does not matter how high up this scandal reaches. Federal laws are passed to set examples. This story provides an opportunity for government officials to send a clear message to society that hacking is illegal and prosecutable. MLB should be swift and harsh in its punishment – no matter where or how tangled the web has been woven.
The Cardinals have lawyered up and are conducting the always reliable “internal review.” “With what we have done so far, I am 100 percent confident that this does not touch upper management,” Cardinals’ lawyer, Jim Martin, said. Who cares what level of management it reaches? If a Cardinals employee is involved, the level of that employee should not matter. The impact of the hack can never be measured on a baseball field – and that is the point. They should be prosecuted to the letter of the law for its occurrence. It does not matter who was involved. MLB should lower the boom to set a precedent for the future.
Industrial espionage is no joke, and just because this incident involves sports is no reason for the government or the public to dismiss the issue. In 2006 – almost 10 years ago – The Christian Science Monitor published an article titled “Industrial Espionage: Secrets Stolen, Fortunes Lost: How industrial espionage and intellectual property theft destroy businesses and endanger the global economy.” The statistics, even from a decade ago, are astonishing.
According to the U.S. Commerce Department, intellectual property theft is estimated to top $250 billion annually (equivalent to the impact of another four Katrinas), and also costs the United States approximately 750,000 jobs, while the International Chamber of Commerce puts the global fiscal loss at more than $600 billion a year.
The devastation of industrial espionage is undeniable, but it metastasizes in stealth and apathy.
Jeff Luhnow, the man at the center of the controversy, is a prime example of the American dream that found reality in baseball. He graduated with an MBA and started with the Cardinals in 2003. He used his intelligence and ingenuity, utilized analytics, and upgraded the organization. When he got the opportunity to run his own team he took it. The Astros hired him as GM in 2011. The results are undeniable. Houston has gone from worst to first. They show no signs of backing down; and their organization is now loaded with potential stars. Why should his hard work be compromised? And why should the Cardinals get off the hook if guilty? Knowledge and creativity should be protected and encouraged by the law. It is supposed to be the American way.
“At the time when it happened a year ago, it was like coming home and seeing your house has been broken into,” Luhnow told Sports Illustrated. “You feel violated when someone does that without permission.”
Luhnow is right. And if the allegations are true, the Cardinals should be harshly punished – by the law and by Major League Baseball. MLB hacking is industrial espionage, and should be treated as such. Nobody wants someone sifting through their mailbox; and nobody wants someone illegally perusing the contents of their computer. If corporations are granted the same rights as individuals then the same rules apply.
