There’s no “if” about it – but of course the Kochs aren’t doing it privately, they’re using the FBI:
http://www.salon.com/2013/06/02/is_the_government_spying_on_environmental_groups_partner/
Much like God, the Government’s cyber-industrial complex is all-seeing, all-knowing, all-powerful, kind, always fair and operating in our own interests, and they never do anything wrong. But they can’t have oversight, they just don’t do well with oversight or accountability. So who are we kidding?