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Category Archives: Legal Research

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

CRS - Stealing Trade Secrets and Economic Espionage: An Overview of 18 U.S.C. 1831 and 1832. Charles Doyle, Senior Specialist in American Public Law. July 25, 2014.

“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. Section 1832 (theft) violations are punishable by imprisonment for not more than 10 years, or a fine of not more than $250,000 (not more than $5 million for organizations), or both. Section 1831 (espionage) violations by individuals are punishable by imprisonment for not more than 15 years, or a fine of the greater of not more than $5 million, or both. Section 1831 violations by organizations are punishable by a fine of not more than the greater of $10 million or three times the value of the stolen trade secret. Maximum fines for both individuals and organizations may be higher when the amount of the gain or loss associated with the offense is substantial. Any attempt or conspiracy to commit either offense carries the same penalties as the underlying crime. Offenders must also be ordered to 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. Depending on the circumstances, misconduct captured in the two sections may be prosecuted under other federal statutes as well. A defendant charged with stealing trade secrets is often indictable under the Computer Fraud and Abuse Act, the National Stolen Property Act, and/or the federal wire fraud statute. One indicted on economic espionage charges may often be charged with acting as an unregistered foreign agent and on occasion with disclosing classified information or under the general espionage statutes.”

A National Consensus: Cell Phone Location Records Are Private – EFF

“The Fourth Amendment protects us from “unreasonable” government searches of our persons, houses, papers and effects. How courts should determine what is and isn’t reasonable in our increasingly digital world is the subject of a new amicus brief we filed today in San Francisco federal court.  At issue is historical cell site data—the records of the cell towers a customer’sContinue Reading

Federal and State Wiretaps Up 5% in 2013 According to Annual Report

EPIC: “The Administrative Office of the U.S. Courts has issued the 2013 Wiretap Report, detailing the use of surveillance authorities by law enforcement agencies. This annual report, one of the most comprehensive issued by any agency, provides an insight into the debate over surveillance authorities and the use of privacy-enhancing technologies. In 2013, wiretap applications increasedContinue Reading

Surveillance Costs: The NSA’s Impact on the Economy, Internet Freedom & Cybersecurity

New America Foundation – “It has been over a year since The Guardian reported the first story on the National Security Agency’s surveillance programs based on the leaks from former NSA contractor Edward Snowden, yet the national conversation remains largely mired in a simplistic debate over the tradeoffs between national security and individual privacy. It is timeContinue Reading

Impact of Deepwater Horizon Oil Spill on Coral Communities Is Deeper and Broader than Predicted

“A new discovery of two additional coral communities showing signs of damage from the Deepwater Horizon oil spill expands the impact footprint of the 2010 spill in the Gulf of Mexico. The discovery was made by a team led by Charles Fisher, professor of biology at Penn State University. A paper describing this work and additionalContinue Reading

The Surge of Unaccompanied Children from Central America

The Surge of Unaccompanied Children from Central America - Root Causes and Policy Solutions, by Dan Restrepo and Ann Garcia | July 24, 2014 “Over the past few years, and in particular over the past few months, the number of children and families leaving the Central American countries of El Salvador, Guatemala, and Honduras and arriving in neighboring countries and atContinue Reading

How Large-Scale US Surveillance is Harming Journalism, Law and American Democracy

With Liberty to Monitor All - How Large-Scale US Surveillance is Harming Journalism, Law, and American Democracy. Human Rights Watch / ACLU, July 2014. “The United States government today is implementing a wide variety of surveillance  programs that, thanks to developments in its technological capacity, allow it to scoop up  personal information and the content ofContinue Reading

New GAO Reports – CFPB, Drinking Water, Media Ownership, Railroad Retirement, Security Clearances

CONSUMER FINANCIAL PROTECTION BUREAU: Opportunity Exists to Improve Transparency of Civil Penalty Fund Activities, GAO-14-551: Published: Jun 26, 2014. Publicly Released: Jul 28, 2014. DRINKING WATER: EPA Program to Protect Underground Sources from Injection of Fluids Associated with Oil and Gas Production Needs Improvement, GAO-14-555: Published: Jun 27, 2014. Publicly Released: Jul 28, 2014. MEDIA OWNERSHIP: FCC Should Review the Effects ofContinue Reading

26 Questions EU Regulators Want Google to Answer – WSJ

WSJ.com: “European Union privacy watchdogs grilled Google Inc. and other search engines for two hours on Thursday on how they are implementing the bloc’s new “right to be forgotten” online–and then gave them homework to do by next week, too. The main body that joins together the EU’s national data-protection regulators called the Brussels meeting withContinue Reading

The Right to Be Forgotten in the Google Spain Case

Iglezakis, Ioannis, The Right to Be Forgotten in the Google Spain Case (Case C-131/12): A Clear Victory for Data Protection or an Obstacle for the Internet? (July 26, 2014). Available for download at SSRN: http://ssrn.com/abstract=2472323 “The right to be forgotten is a new right that is introduced in the Draft Proposal for a General Data ProtectionContinue Reading

New on LLRX – What Does the Hathitrust Decision Mean For Libraries?

Via LLRX.com - What Does the Hathitrust Decision Mean For Libraries? The library community welcomed the decision of the U.S. Court of Appeals for the Second Circuit in Authors Guild v. HathiTrust. The decision has implications for libraries that go far beyond the specific facts of the case. This paper by Jonathan Band offers some preliminary thoughts onContinue Reading

Women of Color in Legal Education: Challenging the Presumption of Incompetence

Gonzalez, Carmen G., Women of Color in Legal Education: Challenging the Presumption of Incompetence (April 10, 2014). The Federal Lawyer (July 2014) . Available for download at SSRN:  http://ssrn.com/abstract=2470660 “Female law professors of color have become the canaries in the academic mine whose plight is an early warning of the dangers that threaten legal educationContinue Reading