Stealing Trade Secrets and Economic Espionage: An Overview of the Economic Espionage Act

"Stealing a trade secret is a federal crime when the information relates to a product in interstate or foreign commerce, 18 U.S.C. 1832 (theft of trade secrets), or when the intended beneficiary is a foreign power, 18 U.S.C. 1831 (economic espionage). Section 1832 requires that the thief be aware that the misappropriation will injure the secret’s owner to the benefit of someone else. Section 1831 requires only that the thief intend to benefit a foreign government or one of its instrumentalities.

Offenders face lengthy prison terms as well as heavy fines, and they must pay restitution. Moreover, property derived from the offense or used to facilitate its commission is subject to confiscation. The sections reach violations occurring overseas, if the offender is a United States national or if an act in furtherance of the crime is committed within the United States..."
Trade secrets

Protection of Trade Secrets: Overview of Current Law and Legislation

"A trade secret is confidential, commercially valuable information that provides a company with a competitive advantage, such as customer lists, methods of production, marketing strategies, pricing information, and chemical formulae. (Well-known examples of trade secrets include the formula for Coca-Cola, the recipe for Kentucky Fried Chicken, and the algorithm used by Google’s search engine.) To succeed in the global marketplace, U.S. firms depend upon their trade secrets, which increasingly are becoming their most valuable intangible assets.

However, U.S. companies annually suffer billions of dollars in losses due to the theft of their trade secrets by employees, corporate competitors, and even foreign governments. Stealing trade secrets has increasingly involved the use of cyberspace, advanced computer technologies, and mobile communication devices, thus making the theft relatively anonymous and difficult to detect. The Chinese and Russian governments have been particularly active and persistent perpetrators of economic espionage with respect to U.S. trade secrets and proprietary information..."
Trade secrets

Economic Espionage: Nationwide Awareness Campaign Announced

"Economic espionage is a problem that costs the American economy billions of dollars annually and puts our national security at risk.

To raise awareness of the issue, the FBI and the National Counterintelligence and Security Center have launched a nationwide campaign and released a short film aimed at educating anyone with a trade secret about the threat and how they can help mitigate it. Based on an actual case, The Company Man: Protecting America’s Secrets illustrates how one U.S. company was targeted by foreign actors and how that company worked with the FBI to resolve the problem and bring the perpetrators to justice..."
Economic espionage

Stealing Trade Secrets and Economic Espionage: An Overview of 18 U.S.C. 1831 and 1832

"Stealing a trade secret is a federal crime when the information relates to a product in interstate or

foreign commerce, 18 U.S.C. 1832 (theft of trade secrets), or when the intended beneficiary is a foreign power, 18 U.S.C. 1831 (economic espionage). Section 1832 requires that the thief be aware that the misappropriation will injure the secret’s owner to the benefit of someone else. Section 1831 requires only that the thief intend to benefit a foreign government or one of its instrumentalities..."

Trade secrets and Espionage

Administration Strategy on Mitigating the Theft of U.S. Trade Secrets

"The Administration is focused on protecting the innovation that drives the American economy and supports jobs in the United States. As a Nation, we create products and services that improve the world’s ability to communicate, to learn, to understand diverse cultures and beliefs, to be mobile, to live better and longer lives, to produce and consume energy efficiently and to secure food, nourishment and safety. Most of the value of this work is intangible—it lies in America’s entrepreneurial spirit, our creativity, ingenuity and insistence on progress and in creating a better life for our communities and for communities around the world. These intangible assets are often captured as intellectual property—copyrights, patents, trademarks and trade secrets, and reflect America’s advantage in the global economy..."
U.S. Trade Secrets

The Role of Trade Secrets in Innovation Policy
"Many businesses have developed proprietary information that provides a competitive advantage because it is not known to others. As the United States continues its shift to a knowledge- and service-based economy, the strength and competitiveness of domestic firms increasingly depends upon their know-how and intangible assets. Trade secrets are the form of intellectual property that protects this sort of confidential information.

Trade secret law protects secret, valuable business information from misappropriation by others. Subject matter ranging from marketing data to manufacturing know-how may be protected under the trade secret laws. Trade secret status is not limited to a fixed number of years, but endures so long as the information is valuable and maintained as a secret. A trade secret is misappropriated when it has been obtained through the abuse of a confidential relationship or improper means of acquisition.

A number of competing innovation policy concerns help shape the particular doctrines that comprise trade secret law. The availability of legal protection for trade secrets potentially promotes innovation, encourages firms to invest in employee development, and confirms standards of commercial ethics and morality. On the other hand, trade secret protection involves the suppression of information, which may hinder competition and the proper functioning of the marketplace. An overly robust trade secret law also could restrain employee mobility and promote investment in costly, but socially inefficient security measures..."