Judge Allows Case Against Ex-Google Engineer Accused of AI Espionage to Proceed

Linwei Ding, a Chinese national who joined Google in 2019, faces allegations of violating the Economic Espionage Act and federal trade secret laws. Prosecutors say Ding misappropriated confidential technology related to Google’s custom-designed chips that power AI tools, including its Gemini models. After leaving the tech giant in 2022, he allegedly went on to found an AI startup in China.

Ding had sought to dismiss the case, contending that he could not be prosecuted under the espionage statute because the theft wasn’t coordinated or sponsored by a foreign government. But U.S. District Judge Vince Chhabria rejected that argument, writing in his opinion that no such requirement exists under the statute.

“First, there is no requirement in section 1831 that the foreign government have sponsored or coordinated the trade secret theft,” Judge Chhabria stated in his decision, per Bloomberg. He clarified that the statutory language doesn’t necessitate direct involvement from a foreign government for a prosecution to proceed under the Economic Espionage Act.

Ding further argued that the law requires an actual disclosure of secrets to a foreign government, something he claims never happened. However, the court disagreed, finding that the statute only requires the defendant to have known or intended that the theft would benefit a foreign government—regardless of whether a disclosure ultimately occurred.

Judge Chhabria pointed to legislative history suggesting that “benefit” could be interpreted broadly, including reputational or strategic advantages, especially in contrast to related statutes that focus specifically on economic gain.

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Prosecutors allege that Ding had deep ties with at least two Chinese tech companies, including one where he served as chief technology officer. According to Bloomberg, evidence presented by the government includes an internal company memo that highlighted efforts to partner with Chinese public universities and local governments—supporting claims that Ding sought to serve government-affiliated clients.

The court found this evidence sufficient to support the charge of economic espionage. “The government has made an adequate showing that Ding intended to benefit foreign government entities,” Chhabria noted, while also acknowledging that broader theories tying Ding’s actions to China’s national AI ambitions were less convincing.

“The idea that Ding actually intended to benefit the PRC, as opposed to benefiting himself through an opportunity PRC was providing, seems dubious,” the judge wrote.

According to federal prosecutors, Ding began uploading confidential Google files to a personal cloud account as early as May 2022. Over the course of nearly a year, more than 500 files were allegedly transferred without authorization. He later traveled to China and, according to officials, participated in investor meetings to raise funds for his AI venture.

Google has stated that Ding was hired to support software development for the company’s advanced data center systems and had access to sensitive proprietary information throughout his tenure.

Source: Bloomberg