If you had them on camera doing it and proof they did it knowingly and willingly, then you could.

Discovery forces evidence to be turned over, but only if it exists and you know about it. Does the evidence exist?

It did in Swartz’s case, unfortunately for him. We don’t excuse an individual just because it’s harder to hold a corporation accountable. States have immense power over corps old and new, btw, it’s a failure of the people to not demand that be exercised, but this whole discussion is a non sequitur already.