Skorpion Security Inc

Espionage Legal

  The term Espionage taken from Webster's Dictionary means: French Espionnage, from Middle French, from espionner to spy, from espion spy, from Old Italian spione, from spia, of Germanic origin; akin to Old High German spehōn to spy. In the corporate business world the meaning is much simpler, profit loss.

    There are many forms and types of espionage. Economic Espionage, Corporate Espionage, and Industrial Espionage. Regardless of the terminology the outcome is the same. Loss of profits.

To help protect American Businesses, The Economic Espionage Act (EEA) was signed into law on October 11, 1996.

Economic Espionage is (1) whoever knowingly performs targeting or acquisition of trade secrets to (2) knowingly benefit any foreign government, foreign instrumentality, or foreign agent. (Title18 U.S.C., Section 1831).

Trade secrets are 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, which the owner has taken reasonable measures to protect; and has an independent economic value.  "Trade secrets" are commonly called classified proprietary information, economic policy information, trade information, proprietary technology, or critical technology.

Theft of trade secrets occurs when someone (1) knowingly performs targeting or acquisition of trade secrets or intends to convert a trade secret to (2) knowingly benefit anyone other than the owner. Commonly referred to as Industrial Espionage. (Title 18 U.S.C., SECTION 1832).

A Foreign Agent is any officer, employee, proxy, servant, delegate, or representative of a foreign government. 

A Foreign Instrumentality is defined as: (1) any agency, bureau, ministry, component, institution, or association; (2) any legal commercial or business organization, corporation, firm, or entity; and, (3) substantially owned, controlled, sponsored, commanded, managed or dominated by a foreign government.

Statutory authority:  The Economic Espionage Act (EEA) of 1996
TERRITORIAL LIMITS:  EEA protects against theft that occurs either (1) in the United States , or (2) outside the United States and (3) an act in furtherance of the offense was committed in the United States , or (4) the violator is a US person or organization.

Annual Report to Congress on Foreign Economic Collection and Industrial Espionage
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2008 Report to Congress of the U.S.-CHINA Economic and Security Review Commission
Read the report