Some complications may exist if economic espionage or misappropriation of a trade secret involves a foreign entity. This is because the statute only focuses on the beneficiary of the economic espionage, as opposed to the agent who stole the critical economic intelligence (Nasheri, 2005). According to the statute and CES inquiry, the association of the defendant with the projected beneficiary is not significant. The most vital proof at trial is the knowledge or intent to benefit a foreign entity (Perritt, 1994). In this case, a foreign entity includes foreign instrumentalities, agents, or governments. However, the technicality arises when it comes to the first category since there is no provision in the statute that interprets and gives the boundary of the term foreign instrumentality. This means that a proof analysis involving this term requires intense investigation into its entire components.
Both economic espionage and misappropriation of trade secrets have one thing in common: they involve theft or unlawful acquisition of critical intelligence from a third party. However, the tw...
With the onset of WWI came advancements in several facets of warfare. With new advancements came new opportunities for schemers to flex their muscles in the world of espionage and offensive action. This research will focus on the relevant intelligence operations of the offensive and espionage in naval warfare of WWI. It will concentrate primarily on the German and British naval initiatives, but will not overlook those of Russia, France, and the United States. Any and all conjectures made throughout will be made with the consideration of a given party’s incentives to misrepresent as well as the anticipated payoffs ascribed with each initiated action.
Wong, Edward. "Hacking U.S. Secrets, China Pushes for Drones." New York Times. NYTimes.com, 20 Sept. 2013. Web. 13 Mar. 2014. .
Aldrich Ames was one of the most notorious spys in United States history, single handily crippling the United States spy network in the Soviet Union, and compromising hundreds of Intelligence Operations around the world. Ames’ impact on the national security of the United States was devastating and the ramifications of his actions can still be felt today in the Intelligence Community. This paper will provide details into the background and the events surrounding Ames’ espionage and subsequent arrest for treason.
With the introduction of the internet being a relatively new phenomenon, the act of cyber espionage is not something that has been properly acknowledged by society. The American Government has done a stand up job of keeping its methods in the shadows and away from the eyes of its people since its documented domestic surveillance began on October 4th, 2001; Twenty three days after the Twin Towers fell President George Bush signed an order to begin a secret domestic eavesdropping operation, an operation which was so sensitive that even many of the country's senior national security officials with the...
In times of peace (and war), the Espionage Act granted the “issue of search warrants for the seizure of property used as a means of committing a felony” (“Treason”, 223). Additionally, it took measures against sending purported illegal materials through the mail: a task overseen by the Post Master General.
In Grewe (2004), and Best (2007) they concurred that law enforcement and intelligence information was not regularly shared, and collectors and analysts were “walled” off from each other because of constitutional principles, statutes, policies, and practices that preclude sharing of such information. These regulations dated as far back as the National Security Act of 1947 requiring that the Central Intelligence Agency (CIA) “have no police, subpoena, or law enforcement powers or internal security functions.”
Espionage has always been a subject that has captured the thoughts and imaginations of many people. The idea of the glamorous life of espionage agents and spies with grand parties, high tech gadgets, and world destroying villains have led to the belief that spies live a life of adventure and almost science fiction. Real agents live far from that life in reality. Many live in constant fear of imprisonment or execution. The facts and fiction of espionage have become distorted overtime.
The National Security Act of 1947 created the Central Intelligence Agency (CIA). President Truman’s vision of the CIA was a peacetime intelligence agency that provided early warnings in the event of an attack. After President Truman signed the National Security Act of 1947, a loophole was found. The National Security Act “instructed the CIA to correlate, evaluate, and disseminate intelligence and to perform ‘other functions and duties related to intelligence affecting the national security’ ” (Weiner 2007). The CIA used this wording of ‘other functions’ to conduct secret operations overseas and to practice cloak and dagger methods in obtaining intelligence. Since its establishment over sixty years ago, the CIA’s implementation of cloak and dagger intelligence gathering has evolved to developing a componen...
Gordon M Snow (Chair) Assistant Director Cyber Division, Federal Bureau of Investigation. Intellectual property law enforcement efforts. (2011). Statement before the senate judiciary committee, Washington, D.C. Retrieved from http://www.fbi.gov/news/testimony/intellectual-property-law-enforcement-efforts
Homeland security entities are proactive in the fight against terrorism on American soil. Their mandate is to collect information relating to potential attacks and analyze it to find a solution to the danger. With this in mind, these entities employ numerous spying techniques to collect intelligence for safeguarding of the nation. Homeland security entities have spies in almost all the countries in the world, especially those that show aggression towards America. The main aim of these spies is to carry out espionage to determine threat levels and find ways of neutralizing threats (Randol, 2009). This involves deployment of secret agents to areas or countries that exhibit terrorism activity in a bid to collect information. The spies interact with local people and members of terrorist groups using aliases that enable them conceal their identities.
In addition to the value these two trade secrets hold for Cyclops, their misappropriation brings in major legal implications and consequences. Such negligence and failure on Cyclops’s part to protect its client confidentiality as well as its IP will result in dire consequences including business losses, legal liability, loss of company goodwill and customer faith, and in general embarrassment in the business world.
The cons to the argument for saying the Foreign Corrupt Practices Act is obsolete is discussed in the article With Wal-Mart Claims, Greater Attention on a Law by Charlie Savage. In this article Charlie Savage argues that the FCPA has always been a useful tool in stopping corruption but in recent years with companies becoming more globalized other countries gradually adopted similar laws, the United States has started to enforce it more strictly. The dollar amount of fines imposed by the Justice Department and the Securities and Exchange Commission has increased even more, including a record-setting $800 million paid by Siemens in 2008. Enforcement under the act has soared, from just two enforcement actions in 2004 to 48 in 2010. There are currently at least 100 open investigations, specialists estimate.
Insider trading has been a commonly discussed topic since Martha Stewart was accused, tried, convicted, and served a prison term for her involvement with the Inclon trading scandal. However, the definition of the term “insider trading” is not necessarily always connected with illegal activity. As a matter of fact, in some jurisdictions, “insider trading is no crime. Traditionally, it has been an expected, and perfectly acceptable prerequisite of certain sorts of employment.”(Insider Trading). But since the latter part of the 1960’s, stricter enforcement of insider trading practices have been put into place because of financial scandals.
Edward Snowden. This is a name that will be in the history books for ages. He will be branded a traitor or a whistleblower depending on where you look. Many Americans feel that Edward Snowden is a traitor who sold the United States’ secrets aiming to harm the nation. Others believe that he was simply a citizen of the United States who exercised his right to expose the government for their unconstitutional actions. It is important to not only know the two sides to the argument of friend or foe, but to also know the facts as well. My goal in this paper is to present the facts without bias and to adequately portray the two sides of the argument.
Champion, D 2011, ‘White-collar crimes and organizational offending: An integral approach’, International Journal of Business, Humanities, and Technology, vol. 1 no. 3, pp. 34-35.