Remix.run Logo
arjie 3 hours ago

Interesting. It makes sense that Taiwan treats semiconductors as a national security issue. After all that's what the Silicon Shield theory is. But I was curious about what happens in other jurisdictions.

It turns out that you can steal from European companies with impunity because European governments really don't pursue this that much. An ex-ASML engineer (in San Jose) set up two companies XTAL in the US and Dongfang Jingyuan Electron in China and then hired people from his team on ASML, one of whom brought all the source code for one component control with him. XTAL lost the case and shut down, but this chap just went to China and ran Dongfang Jingyuan. Living large. The guy who took ASML secrets to Huawei also got away with it. In both cases, European governments haven't really pursued jail time. The US, of course, got involved and has an arrest warrant for the Dongfang Jingyuan guy that we're never going to collect on. "Uncle Sam has made his decision; now let him enforce it" so to speak.

But since writing this comment, I've now found that they got a Russian engineer for taking some ASML stuff https://www.reuters.com/technology/ex-asml-nxp-employee-sent...

His mistake was taking it to an actually sanctioned country, though. That seems to be prosecutable.

In the US, of course, you will go to jail for it. Besides the national security thing, even Anthony Levandowski was sentenced to 18 months of prison (pardoned by Donald Trump, though), and that was AV tech, not like missiles or anything.

So it seems, based on my Google-level knowledge that:

US: Lots of protected tech, and you'll go to jail.

Taiwan: Semiconductor tech is treated like we do nuclear tech, so you'll go to jail.

Most European jurisdictions: You'll have to pay fines. If you stole to a sanctioned country, straight to prison!

Lucasoato 2 hours ago | parent | next [-]

It’s so absurd. As an European, I can’t really understand why our policymakers are so blind to this, companies don’t have the tools to defend themselves from state sponsored attacks, their countries should do whatever they can to protect them if they represent a national interest.

alephnerd 2 hours ago | parent [-]

Because from personal experience they don't care. The best of the best policy wise immigrate to the US to take a think tank position in NYC, DC, or Boston earning 3-5x what they could in Europe, and the rest become lobbyists in Bruxelles. After making their nut, they then return to politics with a funding pipeline because campaigns are expensive (even in Europe).

The ones who feel deeply about the cause don't know how to execute but only pontificate (dealt with plenty of EU AI policymakers with European AI founders).

Heck, even consulate employees who are part of the trade promotion teams for most EU states try to network their way out of the role into VC jobs in NYC and SF.

jltsiren 44 minutes ago | parent [-]

You are generalizing too much. Europe is full of different electoral systems, and each system has its own dynamics that favor different kinds of people.

Take Finland, for example, with open list proportional elections. The primary competitors of every candidate are other candidates from the same party and district. In order to win, you have to develop and maintain your own niche. Many politicians leave to become lobbyists or consultants or join a think tank, but it's almost always a one-way street. It's difficult to return to politics after an extended absence, because someone else has already taken your niche (if it's still viable), and money and experience rarely help win it back.

As for the actual question, many European countries seem to consider trade secrets primarily a contractual matter. Revealing private secrets is not a crime, while abusing your position or breaking into a system without proper authorization can be. Prosecutors generally cannot invoke national security without a clear legal basis. Which probably can't be found in matters that are more about Western competitiveness in general than about the security and interests of a specific country.

brcmthrowaway 2 hours ago | parent | prev [-]

Looking at ASML jobs, half of them are in Shenzhen. The game has been played and lost a long time ago.

alephnerd 2 hours ago | parent [-]

Those ASML jobs are not related to bleeding edge EUV work. ASML is not a single product company, and has technicians dedicated to whole SKUs.