Science - 31 January 2020

(Marcin) #1
SCIENCE sciencemag.org 31 JANUARY 2020 • VOL 367 ISSUE 6477 517

PHOTO: REUTERS/JIM YOUNG


F


or many of us, the idea of indus-
trial espionage conjures up secreted
factory blueprints, copied chemical
formulas, and hacked computer sys-
tems. It calls to mind the high tech
and highly trained, the stuff of spy
novels and James Bond films. It does not
evoke Iowa cornfields—at least, no more
than a few scattered ears of corn missed
by a mechanical harvester might suggest
vulnerable trade secrets.
Yet some seeds are a source of intense
competition and controversy, and they
feature prominently among the many
purported and confirmed ob-
jects of economic theft. In the
United States, seed companies
have complained about having
their products “stolen” by com-
petitors since the very earliest
days of commercial breeding
and industrial seed produc-
tion. Before governments be-
gan allowing patents on plants,
it was easy—and legal—to re-
produce and profit from oth-
ers’ plant varieties simply by
harvesting and selling their
seeds. Breeders developed vari-
ous strategies for preventing
this, from special pricing to
contracts to trademarks to
producing F1 (first-generation)
hybrids, but it was not until
the advent of state-enforced
protections on a wide range of
agricultural crops in the 1970s that selling
someone else’s seeds became a crime.
In 2016, the conviction of a Florida
physicist on charges of conspiring to steal
trade secrets confirmed that seed theft had
also become, at least to those who influ-
ence U.S. federal policies and procedures, a
national security threat. The scientist, Mo
Hailong (also known as Robert Mo), pled
guilty to having assisted a Chinese com-
pany in acquiring corn seed lines owned
by the transnational seed behemoths
Monsanto and DuPont Pioneer.

The journalist and former Science cor-
respondent Mara Hvistendahl explores
the history of Mo’s strange and, ultimately,
sad career as an industrial operative in her
third book, The Scientist and the Spy. Al-
though Mo could be either the scientist or
the spy alluded to in the title, he is hardly
the real subject of the book. Hvistendahl
convincingly casts Mo as a “pawn in an in-
ternational struggle” between China and
the United States.
The U.S. Federal Bureau of Investigation
(FBI) spared little expense in developing
a case against Mo. A 2-year period saw
73 agents devote time to the effort, 17,000
emails intercepted, hundreds of hours of

audio recorded and transcribed, and more.
All of this was done to defend the intellec-
tual property of two extremely profitable,
world-leading agribusinesses—“American
industry”—against the haphazardly orga-
nized incursions of an expanding Beijing-
based animal feed corporation that did
not even have the expertise in place to
efficiently exploit stolen seeds—“unfair
foreign competition.”
To understand why the U.S. government
devotes a substantial amount of taxpayer
dollars to investigating and litigating on
behalf of Monsanto—a company that not
only is in possession of an aggressive legal
division but also, at the time of Mo’s ac-
tivities, was under investigation by the U.S.
Justice Department for potential violation

of antitrust law—one really needs to appre-
ciate global politics.
Hvistendahl considers factors that range
from the FBI’s post–Cold War refashion-
ing, which contributed to a new narrative
of industrial espionage as a national secu-
rity threat, to the effects that greater meat
consumption in China have had on demand
for feed corn and, therefore, seed corn.
The consolidation of agribusiness features
prominently as well, a factor that both ex-
plains, and is explained by, the dogged
defense of patents on corn and other crop
varieties described above.
If there is a subplot that makes this book
essential reading, especially for those work-
ing in the sciences today, it is
Hvistendahl’s documentation
of the disturbing effects that
the too-vigorous pursuit of in-
dustrial spies has had on Chi-
nese scientists and engineers
in the United States. For nearly
two decades, the FBI and other
U.S. agencies have expounded
an account of China’s espionage
strategy in which the Chinese
government is said to rely on
“a dispersed network of nontra-
ditional collectors” rather than
professional agents. This vision
of a “ ‘human wave’ of students,
scientists, and engineers ... who
gather intelligence ad hoc”
wrongly implicates all ethnic
Chinese working in the United
States as potential spies for the
Communist Party.
Hvistendahl provides evidence that this
characterization, which evokes old racist
fears of “the yellow peril,” not only is funda-
mentally inaccurate with respect to China’s
state-led spy operations but also produces
racially motivated suspicion, hostility, and
harm. Wrongful investigations have ruined
careers and lives.
Is American industry really at risk? Or is it
values such as tolerance, openness, and jus-
tice that are truly in danger? Hvistendahl’s
foray through cornfields and courtrooms es-
chews easy answers to these questions, yet
her vivid observations and incisive analyses
will leave readers well equipped to arrive at
their own conclusions. j

10.1126/science.aba0297

INTELLECTUAL PROPERTY

ByHelen Anne Curry

Profits, prejudice, and plant patents


A journalist investigates a surprising act of espionage


The Scientist and the Spy:
A True Story of China, the
FBI, and Industrial Espionage
Mara Hvistendahl
Riverhead Books,


  1. 331 pp.


e

INSIGHTS

Iowa cornfields were the target of industrial espionage in 2016.

The reviewer is at the Department of History and Philosophy
of Science, University of Cambridge, Cambridge CB2 3RH, UK,
and is the author of Evolution Made to Order: Plant Breeding
and Technological Innovation in Twentieth-Century America
(University of Chicago Press, 2016). Email: [email protected]

Published by AAAS
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