Economic Espionage Act of 1996

Economic Espionage Act of 1996
Author: United States
Publisher:
Total Pages: 28
Release: 1996
Genre: Business intelligence
ISBN:

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How Not to Catch a Thief

How Not to Catch a Thief
Author: Robin Kuntz
Publisher:
Total Pages: 0
Release: 2015
Genre:
ISBN:

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In 1996, increasing foreign threats to the trade secrets of American companies led Congress to pass the Economic Espionage Act (EEA), which criminalizes the theft of trade secrets with the intent to benefit a foreign government in 18 U.S.C. § 1831. In the sixteen years since its passage, the EEA has largely failed to curb trade secret theft by foreign governmental actors, and the U.S. economy has suffered billions of dollars in losses due to economic espionage. While the FBI and DOJ have prioritized economic espionage investigations and prosecutions in recent years, only six convictions under § 1831 of the EEA have resulted since 1996. This Note evaluates the stated policies underlying the EEA, and argues that narrow judicial treatment of cases involving economic espionage under § 1831 conflicts with the goals of Congress and frustrates the prosecutorial objectives of the DOJ. This Note posits that recent legislation amending the EEA -- the Foreign and Economic Espionage Penalty Enhancement Act, which passed in January 2013 -- indicates Congress's desire to broaden the elements of § 1831 of the EEA. While this Note recognizes certain problems inherent in the EEA itself, it concludes by advocating an expansion of the recent amendments to the EEA in order to fulfill Congress's goal of reducing international theft of American trade secrets.

The Economic Espionage Act

The Economic Espionage Act
Author: American Bar Association
Publisher:
Total Pages: 231
Release: 2018-06-07
Genre: Law
ISBN: 9781634258258

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Since the Economic Espionage Act was enacted in 1996, it has steadily assumed a more important role as a law enforcement tool. Congress cited a 1995 survey in which nearly one-half of corporate respondents reported having experienced a trade secret theft. This handbook is intended as a practical guide for prosecutors, defense lawyers and the U.S. court system for use in economic espionage and trade secret theft cases.

The Economic Espionage Act

The Economic Espionage Act
Author: Gerald J. Mossinghoff
Publisher:
Total Pages: 19
Release: 1997
Genre: Industrial property
ISBN:

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Economic Espionage and Industrial Spying

Economic Espionage and Industrial Spying
Author: Hedieh Nasheri
Publisher: Cambridge University Press
Total Pages: 296
Release: 2005
Genre: Business & Economics
ISBN: 9780521835824

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Publisher Description

The Problematic Role of Criminal Law in Regulating Use of Information

The Problematic Role of Criminal Law in Regulating Use of Information
Author: Geraldine Szott Moohr
Publisher:
Total Pages: 0
Release: 2009
Genre:
ISBN:

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The Economic Espionage Act (EEA) is a federal law that makes it a crime to misappropriate a trade secret. This statute, which rests on a property conception of trade secrets, differs from common law and state statutes, which premise civil and criminal liability on wrongful conduct. Treating misappropriation of proprietary information as a property crime is likely to produce negative unintended consequences for both firms and their employees. Making firms liable for conduct of employees may cause them to avoid hiring experienced workers, thus reducing employee mobility and entry of information into the public domain. Strengthening trade secret protection through criminal penalties also creates a perverse incentive to rely less on patent law, which, in contrast to trade secret protection, benefits the community by requiring holders to reveal knowledge. Thus, the EEA may chill second-generation innovation. To mitigate those consequences, courts should strictly interpret the ambiguous terms in the EEA. The broader lesson is that it is wiser to proceed with a presumption against criminal penalties for misappropriation of information. Civil enforcement is more likely to produce a nuanced solution that takes into account the rights of others and already established public policy.

The Economics of Trade Secrets

The Economics of Trade Secrets
Author: Nicola Charlotte Searle
Publisher:
Total Pages: 315
Release: 2010
Genre: Intellectual property
ISBN:

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