Economic Espionage act (1996) states that
“Whoever, intending or knowing that the offense will benefit any foreign government, foreign instrumentality, or foreign agent, knowingly without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys a trade secret shall, except as provided in subsection (b), be fined not more than $500,000 or imprisoned not more than 15 years, or both.”.
It is important to note that the clause clearly stipulates that the eligible person for the punishment in such espionage is one who has intentions of benefiting another corporation or group apart from the one he/she is working for. The clause is rich in terms of protection against technological malice that can lead to espionage including photocopying, downloading or even sending of trade secrets. It is however deficient of full protection from the same since individuals who for personal gains and without intentions to benefit competitors can access and sell or give out trade secrets.
Section 3 of the clause is aimed at preventing such an occurrence but it should be noted that most employees have access to company’s database which is legal. Downloading of some information out of curiosity and using the same to make better trade secrets which are sold to other organizations amounts to economical espionage. This is innocent according to the act because it has no provisions to protect such incidences and need reviewing. The act should stipulate that any intentional or unintentional use of trade secrets for benefits to either the other organization or individual is punishable. The law will be water tight to prevent and disco...
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...e information which in most cases is very fast. The identity and the location of the attacker are easily maneuvered by installing new programs otherwise called viruses that ensure they escape scot free. It is therefore very difficult to have culprits and no legal actions is taken against such activities for there is little information leading to the source of theft.
Works Cited
Nasheri, H. (2004). Economic Espionage and Industrial Spying. Cambridge: Cambridge University Press.
Office of The National Counterintelligence Executive (2010). Annual Report to Congress on
Foreign Economic Collection and Industrial Espionage, FY 2008. Retrieved on November 16th,2010 from http://www.ncix.gov/index.html
Public Law :.Economic Espionage Act Of 1996 Retrieved On November 16th, 2010
from http://www.iwar.org.uk/ecoespionage/resources/ecointact1996.pdf
Svoboda and Robles both broke the misappropriation and tripper (tippee) theory. In Bailey article, he mentions that the misappropriation theory requires courts to focus on whether a fiduciary relationship, or similar relationship with a "duty of trust or confidence," exists (2010, p.541), and tripper theory obtains an individual who received confidential information from the insider individual. Svoboda and Robles violated the fiduciary duties which are the duty of loyalty and care. When Svoboda brought in an outsider, Alena, to complete the task, he broke the duty of loyalty and care toward his company, but then was disloyal to Robles when Svoboda prepared his own trade security. Under Section 10b and rule 10b-5, if an individual using confidential information and then assist another individual, the individual is liable for the trading of the confidential information if they are aware of the fiduciary duties. As a tippee, Robles was liable for trade securities because he was aware of the policy of the Rogue Bank. Bailey (2010) provides an example regard to the SEC v. Texas Gulph Sulfur, when the Second Circuit held that an investor is prohibited from using non-public information to his advantage, regardless of how the investor received the information and the explanation for this situation was to ensure all investors were provided with equal
Dissatisfied with the scope of the Espionage Act, Congress was compelled to add an amendment to further penalize “crimes of disloyalty” against the United States (James and Wells, 71). Congress enacted an amendment that would be known as the Sedition Act which broadened the scope of what would be considered disloyal to the United States.
The Significance of the Use of Espionage During the Cold War During the Cold War there was an increase in the amount of funding and resources devoted to espionage which was helpful to both the USA and USSR. Because there was no fighting, spies became the main use in the battle for the supremacy. The definition of espionage is the act or practice of spying or of using spies to obtain secret information, such as about another government. It is whereby governments gain the systematic use of spies to get military or political secrets. It was used to gain information on the enemy as well as to increase the influence upon areas where conflicts of ideologies being fought over.
Espionage in WWII Many of us can remember playing childhood games when we were younger. One of my personal favorites is hide and seek. My favorite part of the game was when I was hiding and trying to see where the seeker looked while he or she searched. Of course I could have been caught, but it wasn't a big deal at the time.
“Every contract, combination in the form of a trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations is declared to be illegal.”
Espionage is WWII was a factor that is commonly overlooked by the masses. Knowing how espionage was used will change the general thought on warfare during WWII. Espionage in WWII was the sole saver of D-Day and in the spies eyes the winning factor of the war. Spies during this time uncovered secrets of enemy nations as-well-as protected secrets of the nation they were backed by just as Juan Pujol Garcia did with the invasion of Normandy. Britain during this time of war had picked up a number of spies that Germany thought were in there own back pocket. The relatively unknown story of espionage in WWII is a huge event in the winning of the war it in many ways
There are different types of computer crimes that many people become victims of every day. Computer crime is any crime that involves a computer and a network. The computer may have been used in the commission of a crime, or it may be the target ("Computer Crime: Chapter 2: What Are the Crimes? ", n.d.) - " Crimes such as data diddling, pump and dump, social engineering and spoofing are computer crimes. Even though these crimes are difficult due to privacy issues, the new technology has made investigations and prosecutions well organized and effective.
Espionage is defined as the act or practice of spying.1 The term ‘industrial espionage’ , also known as ‘corporate espionage’ or ‘cyber espionage’, is the act of stealing trade secrets through the removal, duplicating or recording of highly confidential or valuable information in order to gain a competitive advantage. It is defined as the use of illicit means by more aggressive competitors to disrupt their rival’s operations or gain access to their sensitive information for a better competitive edge.2 While industrial espionage involves the theft of information for commercial purposes, which is obviously illegal, competitive intelligence is the legal gathering of information through conventional practices such as picking up scrap information through attending trade shows or through sources readily available i.e. corporate publications, patent filings and websites.3 Trade secrets are a form of intellectual property thus industrial espionage is most commonly linked with technology-heavy industries, especially in the computer and auto sectors where a great deal of money is splurged on research and development since technological change in this modern era has become a growing importance to business performance.
But since the latter part of the 1960’s, stricter enforcement of insider trading practices has been put into place because of financial scandals. The first to be discussed is a concrete definition of “insider trading” as it is discussed in this essay. According to the “European Communities 1989 Insider Dealing Directive”, insider trading is the dealing on the basis of materials, unpublished, price-sensitive information possessed as a result of one’s employment. (Insider Trading)” Ivan Boesky pleaded guilty to the biggest insider-trading scheme discovered by the United States Securities and Exchange Commission (SEC). He made $200 million by profiting from stock-price volatility in corporate mergers.
Hulnick A.S. 2004 “Espionage: does it have a future in the 21st century” Brown Journal of World Affairs.
Computers are main technological features that allow criminals to step into unsuspecting victims lives. With a simple piggy-backing program hackers are able to track every keystroke made by the victim. One such program is called spyware, not to be confused with adware, which is often referred to interchangeably with spyware, but is potentially harmless (Louis 15). Spyware, hidden within downloaded software, implants itself deep within a computer’s hard drive, allowing it to track every move made by the user (Louis 16). Once inside a system, spyware can gather e-mail addresses, passwords, and credit card numbers.
The act of espionage is as a facilitator of sensitive information that may compromise the operations of the U.S. government. The citizen, who may also be a government employee ...
The only group of people who cannot be prevented from using trade secret information are those who discover the information on their own without using any illegal means.
...ntial information from a user. Luckily, there are reliable ways of defending against them. The most reliable way is to install strong security software that has the capacity to defend against the multifaceted forms of threats. Avoiding P2P file sharing sites and scanning email attachments before downloading them are also a surefire way of protecting a computer against malware threats. Basic acts like using an updated browser and allowing Windows updates to install and update themselves are also necessary to keep a machine safe. Furthermore, checking validity of individual website addresses and installing authenticated software can also help a computer user remain safe from potential data theft and possible damage of useful programs. It may also pay good dividends to backup files. In case of a lethal malware attack, backed-up files can always be recovered easily.
...ng to many individuals who have suffered from hacking, phishing, scams, identity theft, fraud etc. Computer crime describes a very broad category of offenses, which include anything that requires an electronic device or the Internet. Cybercrime is now a global issue and it has a major impact on every individual or business that interacts with technology and the World Wide Web. When important information is stolen, not only are individuals at risk of becoming part of greater crimes but it can also affect an entire country when its national secrets are stolen. In the end I may conclude that computer crime is a dangerous crime that all individuals should be aware of due to the many devastating results it can cause. Cybercrime cannot be stopped due to the high levels it has reached, but immunity can be used to keep safe from it or at least keep individuals less at risk.