HOROWITZ, Richard. CI, law and ethics: the EEA revisited. Competitive Intelligence Magazine, volume 6, number 6, November-December 2003 (accessible at: http://www.scip.org/pdf/Horowitz.pdf ). Consulted the 04-05-07.
Here is just an abstract. You can read the whole article by clicking the link above.
“Law and ethics are important aspects of competitive intelligence (CI), both to the CI practitioner and firm and to the corporate clients who use their services. They are also topics that had been greatly debated in the years following the 1996 passage of the Economic Espionage Act (EEA), resulting in short-term concerns for the CI industry but with long-term positive implications. The EEA debate began in February 1997 when SCIP held a two-day symposium in Washington, D.C. analyzing the effect of EEA on CI. The EEA made theft of a trade secret a federal crime for the first time in U.S. history, generating concern and confusion over what was to be considered legal and ethical means of collecting competitive intelligence. Following the passage of the EEA, a spate of articles and presentations warned that this new law would jeopardize the activities of CI professionals and firms. Subsequent situations emerged where corporate clients of CI firms and in-house CI departments were being held back from properly doing their jobs based on these EEA concerns. One of the warnings given at SCIP’s February 1997 symposium: “Your industry is crawling with criminals and you may be one of them. So might your company . . . [the EEA] will surely lead to greater interest
in federal jurisdiction over civil trade secret disputes.”[…]
Dublin core analysis
DC Title: CI, law and ethics: the EEA revisited
DC Creator: HOROWITZ, Richard
DC Subject: competitive intelligence, economic espionage, business intelligence, law
DC Description: “Law and ethics are important aspects of competitive intelligence (CI), both to the CI practitioner and firm and to the corporate clients who use their services. They are also topics that had been greatly debated in the years following the 1996 passage of the Economic Espionage Act (EEA), resulting in short-term concerns for the CI industry but with long-term positive implications”
DC Publisher: Competitive Intelligence Magazine
DC Contributor:
DC Date: November-December 2003
DC Type: text
DC Format: PDF
DC Identifier: http://www.scip.org/pdf/Horowitz.pdf
DC Source:
DC Language: English
DC Relation:
DC Coverage: international
DC Rights:
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vendredi 13 avril 2007
jeudi 1 février 2007
The economic espionnage act of 1996
DESMET, Thierry Olivier. The economic espionage act of 1996: are we finally taking corporate spies seriously? Article published in the Huston journal of international law, volume 22, number1, 1999 (Accessible at: http://www.hjil.org/Articles/ArticleFiles/22_1_5.pdf ). Consulted the 11-30-06.
The article itself is very long. Here is just the table of contents and the introduction:
THE ECONOMIC ESPIONAGE ACT OF 1996: ARE WE FINALLY TAKING CORPORATE SPIES SERIOUSLY?
Thierry Olivier Desmet*
TABLE OF CONTENTS
I. INTRODUCTION..............................................................94
II. THE PROBLEMS OF INDUSTRIAL ESPIONAGE......................95
III. PRIOR LEGISLATION FOR TRADE SECRETS PROTECTION.....101
IV. THE ECONOMIC ESPIONAGE ACT OF 1996......................107
A. Legislative History...............................................107
B. EEA Provisions....................................................109
1. Section 1831.................................................109
2. Section 1832.................................................110
3. Section 1834.................................................112
4. Section 1835.................................................113
5. Section 1836.................................................114
6. Section 1837.................................................114
7. Section 1838.................................................115
8. Section 1839.................................................115
C. Cases..................................................................118
V. STRATEGIC IMPLICATIONS..............................................123
A. Litigation.............................................................123
B. Corporate Compliance..........................................125
VI. CONCLUSION...............................................................126
I. INTRODUCTION For many companies, information is the most important resource available. Many executives only realize the value of their corporation’s secrets when these secrets are stolen and disclosed to a competitor, resulting in huge economic losses.1 Since the end of the Cold War, American companies have increasingly been targeted by spies funded by competitors or foreign nations, or both, in search of trade secrets.2 The Economic Espionage Act of 1996 (EEA),3 enacted to facilitate the criminal prosecution of industrial spies,4 constitutes a new weapon against corporate spying. It makes the theft of proprietary economic information a felony and protects trade secrets at the federal level.5 By discouraging improper trade conduct by both foreign governments and private parties, it reflects Congress’s recognition of the need to protect U.S. technology from unethical business competitors. The EEA does so by providing severe criminal penalties for those prosecuted under its provisions.6
The scope of this Article is to analyze the EEA. Part II describes the nature of international and domestic economic espionage7 and why it is a threat to corporate success and national security. Part III looks at legislation in existence prior to the EEA and analyzes why that legislation failed to substantially curb the theft of trade secrets, particularly as it related to small businesses and information stolen by foreign participants. Part IV examines the EEA itself, its legislative history, and the case law that has emerged since its enactment. An analysis of the statute suggests that its provisions are very broad and that if not used selectively, it could potentially hamper the mobility of workers in the labor market, thereby reducing innovation and creativity in the U.S. economy. Part V considers the strategic implications of the Act for practitioners and corporations. This Article concludes, in Part VI, by suggesting a proactive plan allowing companies to protect their trade secrets from foreign spies and from their own employees who may sell that information to the highest bidder. Organizations that have implemented internal security programs are likely to be in the best position to protect their trade secrets from dishonest competitors while insulating themselves from a trade secrets prosecution.
DC Title: The economic espionage act of 1996: are we finally taking corporate spies seriously?
DC Creator: DESMET, Thierry Olivier
DC Subject: economic espionage, industrial espionage, corporate spies, business intelligence, law
DC Description:
I. INTRODUCTION
II. THE PROBLEMS OF INDUSTRIAL ESPIONAGE
III. PRIOR LEGISLATION FOR TRADE SECRETS PROTECTION
IV. THE ECONOMIC ESPIONAGE ACT OF 1996
V. STRATEGIC IMPLICATIONS
VI. CONCLUSION
DC Publisher: Huston Journal of International Law
DC Contributor:
DC Date: 1999
DC Type: text
The article itself is very long. Here is just the table of contents and the introduction:
THE ECONOMIC ESPIONAGE ACT OF 1996: ARE WE FINALLY TAKING CORPORATE SPIES SERIOUSLY?
Thierry Olivier Desmet*
TABLE OF CONTENTS
I. INTRODUCTION..............................................................94
II. THE PROBLEMS OF INDUSTRIAL ESPIONAGE......................95
III. PRIOR LEGISLATION FOR TRADE SECRETS PROTECTION.....101
IV. THE ECONOMIC ESPIONAGE ACT OF 1996......................107
A. Legislative History...............................................107
B. EEA Provisions....................................................109
1. Section 1831.................................................109
2. Section 1832.................................................110
3. Section 1834.................................................112
4. Section 1835.................................................113
5. Section 1836.................................................114
6. Section 1837.................................................114
7. Section 1838.................................................115
8. Section 1839.................................................115
C. Cases..................................................................118
V. STRATEGIC IMPLICATIONS..............................................123
A. Litigation.............................................................123
B. Corporate Compliance..........................................125
VI. CONCLUSION...............................................................126
I. INTRODUCTION For many companies, information is the most important resource available. Many executives only realize the value of their corporation’s secrets when these secrets are stolen and disclosed to a competitor, resulting in huge economic losses.1 Since the end of the Cold War, American companies have increasingly been targeted by spies funded by competitors or foreign nations, or both, in search of trade secrets.2 The Economic Espionage Act of 1996 (EEA),3 enacted to facilitate the criminal prosecution of industrial spies,4 constitutes a new weapon against corporate spying. It makes the theft of proprietary economic information a felony and protects trade secrets at the federal level.5 By discouraging improper trade conduct by both foreign governments and private parties, it reflects Congress’s recognition of the need to protect U.S. technology from unethical business competitors. The EEA does so by providing severe criminal penalties for those prosecuted under its provisions.6
The scope of this Article is to analyze the EEA. Part II describes the nature of international and domestic economic espionage7 and why it is a threat to corporate success and national security. Part III looks at legislation in existence prior to the EEA and analyzes why that legislation failed to substantially curb the theft of trade secrets, particularly as it related to small businesses and information stolen by foreign participants. Part IV examines the EEA itself, its legislative history, and the case law that has emerged since its enactment. An analysis of the statute suggests that its provisions are very broad and that if not used selectively, it could potentially hamper the mobility of workers in the labor market, thereby reducing innovation and creativity in the U.S. economy. Part V considers the strategic implications of the Act for practitioners and corporations. This Article concludes, in Part VI, by suggesting a proactive plan allowing companies to protect their trade secrets from foreign spies and from their own employees who may sell that information to the highest bidder. Organizations that have implemented internal security programs are likely to be in the best position to protect their trade secrets from dishonest competitors while insulating themselves from a trade secrets prosecution.
Dublin core analysis
DC Title: The economic espionage act of 1996: are we finally taking corporate spies seriously?
DC Creator: DESMET, Thierry Olivier
DC Subject: economic espionage, industrial espionage, corporate spies, business intelligence, law
DC Description:
I. INTRODUCTION
II. THE PROBLEMS OF INDUSTRIAL ESPIONAGE
III. PRIOR LEGISLATION FOR TRADE SECRETS PROTECTION
IV. THE ECONOMIC ESPIONAGE ACT OF 1996
V. STRATEGIC IMPLICATIONS
VI. CONCLUSION
DC Publisher: Huston Journal of International Law
DC Contributor:
DC Date: 1999
DC Type: text
DC Format: PDF
DC Identifier: http://www.hjil.org/Articles/ArticleFiles/22_1_5.pdf
DC Source:
DC Language: English
DC Relation:
DC Coverage: US
DC Rights:
DC Source:
DC Language: English
DC Relation:
DC Coverage: US
DC Rights:
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