Economic Espionage

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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... ... middle of paper ... ...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

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