Economic
Espionage Act
Leslie
K. Penny
Chancellor
University
Module
8 Research Assignment 5
Abstract
Economic espionage is
not a term shared often around the dinner table. Although, if you are a business owner(s) that
has lost money due to this sordid affair, then you are very aware of what
economic espionage is. The Economic
Espionage Act was signed into law in 1996 as an endeavor to protect America's
economic secrets (Counterintelligence, 2013) and this essay will
further educate one on the subject.
Economic
Espionage Act
Economic espionage is a mouthful and some may ask,
"what is that?". However, when
the phrase "theft of trade secrets" is mentioned, some indication of understanding
dawns on the audience. Even so, economic
espionage is not a term shared often around the dinner table. Although, if you are a business that has lost
money due to this sordid affair, then you are very aware of what economic
espionage is. According to C. Frank
Figliuzzi, Assistant Director of the Counterintelligence Division of the FBI,
more than $13 billion dollars was taken this fiscal year from the American
economy due to economic espionage (Figliuzzi, 2012). However, the Economic Espionage Act (EEA) is
in place to help combat that threat to America.
The Economic Espionage Act was signed into law in 1996 as
an endeavor to protect America's economic secrets (Counterintelligence,
2013). The EEA has made it a criminal offense aimed
at anyone "intending or knowing that the offense will benefit any foreign
government, foreign instrumentality, or foreign agent, knowingly:
1)
steals, or without authorization
appropriates, takes, carries away, or conceals, or by fraud, artifice, or
deception obtains a trade secret;
2)
without authorization copies,
duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys,
photocopies, replicates, transmits, delivers, sends, mails, communicates, or
conveys a trade secret;
3)
receives, buys or possesses a trade
secret, knowing the same to have been stolen or appropriated, obtained or
converted without authorization;
4)
attempts to commit any offense described
in any paragraphs (1) through (3); or
5)
conspires with one or more other persons
to commit any offense described in any of paragraphs (1) through (3), and one
or more such persons do any act to effect the object of the conspiracy, shall,
except as provided in subsection (b), be fined not more than $5,000,000 or
imprisoned not more than 15 years, or both" (18 USC 1831 -
Economic espionage, 2013).
Trade secrets are defined as "all forms and types of
financial, business, scientific, technical, economic or engineering information,
including patterns, plans, compilations, program devices, formulas, designs,
prototypes, methods, techniques, processes, procedures, programs, or codes
whether tangible or intangible, and whether or how stored, compiled, or
memorized physically, electronically, graphically, photographically or in
writing, which the owner has taken reasonable measures to protect, and has as
independent economic value" (Counterintelligence, 2013). In other words, if a company wants the EEA to
apply then they must be able to prove that they took reasonable measures to
protect their secret information. Theft
of trade secrets arises when a person "(1) knowingly performs targeting or
acquisitions of trade secrets or intends to convert a trade secret to (2)
knowingly benefit anyone other than the owner" which is "commonly
referred to as Industrial Espionage (Counterintelligence, 2013).
To conclude, economic espionage is a serious threat. One of which the assistant director of the
counterintelligence division of the FBI, C. Frank Figliuzzi, points out that
this year's fiscal statistics of economic espionage as surpassing the recorded
statistics for fiscal year 2012 (Figliuzzi, 2012). Mr. Figliuzzi claims to expect those
statistics to continue to rise because "foreign intelligence services and
their collectors become more creative and more sophisticated in their methods
to undermine American business and erode the one thing that most provides
American business its leading edge; our ability to innovate" (Figliuzzi,
2012). Business need to take head of this warning
and do everything in their power to protect their important information.
Works Cited
18 USC 1831 - Economic espionage. (2013). Retrieved 08 20, 2013, from Cornell
University Law School: http://www.law.cornell.edu/uscode/text/18/1831
Counterintelligence. (2013). Retrieved 08 20, 2013, from The FBI Federal
Bureau of Investigation:
http://www.fbi.gov/about-us/investigate/counterintelligence/economic-espionage
Figliuzzi, C. F.
(2012, 06 28). Testimony. Retrieved 08 20, 2013, from The FBI Federal
Bureau of Investigation: http://www.fbi.gov/news/testimony/economic-espionage-a-foreign-intelligence-threat-to-americans-jobs-and-homeland-security
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