In a groundbreaking case highlighting the intersection of technology and national security, a federal grand jury has indicted Linwei Ding, also known as Leon Ding, on four counts of theft of trade secrets.
The charges allege that Ding, a former Google software engineer, illegally transferred proprietary artificial intelligence (AI) data to his personal accounts while covertly affiliating with Chinese companies in the AI sector. The indictment was unsealed today following Ding’s arrest in Newark, California.
Ding, 38, a Chinese national and U.S. resident, is accused of exploiting his position at Google to steal over 500 confidential files containing sensitive AI-related trade secrets.
These files reportedly included proprietary information about Google’s supercomputing infrastructure and its machine learning systems.
According to the indictment, Ding began transferring this data in May 2022 and continued until May 2023. The stolen data allegedly encompassed both hardware and software designs critical to Google’s AI operations.
This included advanced computer chips designed for high-performance machine learning workloads and Google’s proprietary Cluster Management System (CMS) – a software platform described as the “brain” of Google’s supercomputing data centers.
The CMS orchestrates machine learning tasks by efficiently managing computational resources. Ding allegedly collaborated with two early-stage technology startups in the People’s Republic of China (PRC) without Google’s knowledge.
According to emails included in the indictment, Ding was offered the position of Chief Technology Officer (CTO) at one of these companies in June 2022.
By October 2022, Ding had traveled to China to participate in meetings aimed at securing investment for the company. By May 2023, Ding had reportedly founded his own AI startup in China, positioning himself as its CEO.
His company claimed expertise in developing computational platforms similar to Google’s AI infrastructure but tailored for “China’s national conditions.”
A document associated with Ding’s startup allegedly stated: “We have experience with Google’s ten-thousand-card computational power platform; we just need to replicate and upgrade it.”
Ex-Google Engineer Charged
The indictment details sophisticated measures Ding allegedly employed to evade detection by Google’s data loss prevention systems.
For example, he is accused of copying source code into Apple Notes on his company-issued MacBook, converting these notes into PDF files, and uploading them to a separate account.
Additionally, Ding reportedly allowed another Google employee to use his access badge in December 2023 to make it appear he was working from a U.S. office while he was actually in China.
“The Justice Department will not tolerate the theft of artificial intelligence and other advanced technologies that could put our national security at risk,” said Attorney General Garland.
“The Justice Department will relentlessly pursue and hold accountable those who would siphon disruptive technologies – especially AI – for unlawful export,” said Deputy Attorney General Lisa Monaco
Legal Proceedings
Ding faces up to 10 years in prison and a $250,000 fine for each count if convicted.
The case will be prosecuted by the U.S. Attorney’s Office for the Northern District of California and the Justice Department’s National Security Division.
This case underscores growing concerns about intellectual property theft in the tech industry, particularly involving advanced fields like AI.
It also highlights the strategic importance of protecting disruptive technologies from misuse by foreign entities.
While these allegations are serious, it is important to note that an indictment is merely an accusation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in court.
This case serves as a stark reminder of the vulnerabilities faced by tech giants like Google in safeguarding their innovations amidst an increasingly competitive global AI race.
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