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TSN Legal Analyst

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The FBI is investigating whether St. Louis Cardinals executives hacked into the Houston Astros network to steal player personnel information back in 2014. This has the potential of being an explosive story. However, let's be clear about one thing: it's too early to know. Once the investigation is finalized, we will have a better sense of how this will ultimately unfold.

Jeff Luhnow, Astros General Manager

Luhnow was formerly the VP of Player Development for the Cardinals. While with the Cardinals, the team built a computer network called Redbird. It contained the team's baseball operations information, including things like scouting reports and player personnel information. 

Under his analytics watch, the team achieved tremendous success, both at the minor league and major league level. The Cardinals won five minor league championships, had the best system-wide minor league record in 2010 and he drafted guys like Jaime Garcia, Allen Craig, Jon Jay and Lance Lynn, which helped lead the team to a World Series win in 2011.

Luhnow packed his bags and headed to the Astros in 2011 replacing General Manager Ed Wade. There he created a sophisticated computer network called Ground Control. It was the repository of the organization's collective baseball knowledge and the centerpiece of the team's operations. Ground Control would take information from scouts, coaches, statisticians, doctors and even physicists and use that to evaluate players.

Ground control was effectively the Astros brain. And that's what was hacked.

MLB's Statement

On June 16, MLB released the following statement, which includes a spoiler:

"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."

MLB characterized the hack as an "illegal breach" rather than an alleged illegal breach. That suggests the hack did occur rather than it being simply an allegation. 

The Law

This ain't deflated footballs, folks. This is very serious. 

It is unlawful to hack into another person's computer or network. The key law that governs hacking in the U.S. is called the Computer Fraud and Abuse Act ("CFAA"). It is effectively a cyber security law that protects computers and networks from things like fraud, espionage and trespass. It is a crime under the law to access the computer or network of a third party without permission. Doing so can result in prison time and substantial fines. 

For example, the CFAA prohibits knowingly accessing a computer without authorization with the intent to defraud. A violation of this law is punishable by up to five years in prison for a first conviction and ten years for someone previously convicted. A conviction may also result in substantial fines. Depending the circumstances, criminal charges may be filed under other statutes like the wire fraud statute.

The CFAA also provides that an aggrieved party may sue civilly (or for money). So there are consequences beyond the criminal component.

According to various reports, the hacking scheme was not terribly sophisticated and was traced back to the home of a Cardinals executive. While it is early, it seems possible the hacking scheme does not reflect a conspiracy among Cardinals executives to unlawfully obtain information from the Astros. Rather, this may be a case of a single overzealous individual crossing the line.

Even if this is a case of one employee going rogue, it would not be a surprise to see MLB Commissioner Bob Manfred impose punishments on the Cardinals organization with a view to deterring this type of conduct in future. While it may be concluded the Cardinals organization was not complicit in the scheme, the team may still be held partly accountable. Punishments could include fines, suspensions and forfeiture of draft picks. As for the person or people who directly engaged in the criminal activity, MLB may well banish them for life.