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Theft or misappropriation of trade secrets is made illegal by the Economic Espionage Act (“EEA”). Theft or misappropriation of trade secrets A person can only be prosecuted if the federal government can show they stole or misappropriated a particular trade secret. While this definition is very broad, it’s important to note that you cannot be prosecuted for using general knowledge or skills that you gained while working for a company. The information that was taken has independent economic value, either actual or potential, because it is not generally known or ascertainable by another person who does not have access to the information.The rightful owner of the information has taken reasonable measures to keep it secret, and.
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§ 1839, a trade secret is “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 memorialized physically, electronically, graphically, photographically, or in writing,” if the following two items are true: The definition of a trade secret is very broad under federal law.Īccording to 18 U.S.C.
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Depending on the facts of the case, instances of trade secret theft can include charges related to wire fraud, the Computer Fraud and Abuse Act, identity theft and others.Įconomic espionage cases can be complex. It covers a wide range of circumstances, from the theft of physical property to intellectual property like proprietary computer algorithms and process information. Trade secret theft, otherwise known as “economic espionage,” is a serious federal crime. As the information age has taken off, there has been an increase in the number of trade secret theft cases in federal courts.
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