Trade-secret thieves face fines, prosecution; new Economic Espionage Act and court decisions impose criminal sanctions for IP theft

Article Abstract:

The Economic Espionage Act of 1996 (EEA) and the decisions handed down by a federal district court in General Motors Corp. v. Lopez de Arriortua represent important legislative and judicial support for the protection of commercial intellectual property. The EEA has sanctions for activity constituting the misappropriation of trade secrets. The law specifies what constitutes impermissible conversion. The Lopez cases were RICO actions against a former General Motors executive who went to work for Volkswagen and misappropriated the former's proprietary data. Lopez was found guilty of wire fraud and racketeering in addition to copyright infringement.

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The federal government's war on economic espionage

Article Abstract:

The US government has taken action against economic espionage conducted by foreign intelligence agencies which increased after the close of the Cold War primarily in the high-technology and defense industries. Legislation such as the Economic Espionage Act of 1996 and many state initiatives have increased protection of trade secrets through criminal and civil penalties. Counterintelligence activities in executive agencies such as the CIA are additional means to deal with the problem. Further action can be taken in different avenues by public and private authorities.

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Economic espionage: a bad idea

Article Abstract:

Involving the CIA in industrial espionage would be misguided and create moral and legal problems. Stealing industrial trade secrets violates US patent law and international intellectual property conventions. Defining which corporations are foreign enough to merit espionage is difficult in a global economy populated largely by multinational corporations. Moreover, deciding which companies should receive the intelligence would pose moral and political problems. Passing on this information would also risk exposing classified intelligence methods and sources.

Economic aspects, International aspects, Intellectual property (International law)

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