Economic Espionage Act of 1996,
Title I, Trade Secrets
Pub. L. No. 104-294, 110 Stat. 3488-3491 (Oct. 11, 1996),
codified in 18 U.S.C. §§ 1831 - 1839
18 U.S.C. § 1831. Economic espionage
(a) In general. Whoever, intending or knowing that the offense
will benefit any foreign government, foreign instrumentality, or foreign
agent, knowingly—
(1) steals, or without authorization appropriates, takes, carries
away, or conceals, or by fraud, artifice, or deception obtains a trade
secret;
(2) without authorization copies, duplicates, sketches, draws,
photographs, downloads, uploads, alters, destroys, photocopies, replicates,
transmits, delivers, sends, mails, communicates, or conveys a trade
secret;
(3) receives, buys, or possesses a trade secret, knowing the same
to have been stolen or appropriated, obtained, or converted without
authorization;
(4) attempts to commit any offense described in any of paragraphs
(1) through (3); or
(5) conspires with one or more other persons to commit any offense
described in any of paragraphs (1) through (3), and one or more of such
persons do any act to effect the object of the conspiracy,
shall, except as provided in subsection (b), be fined not more than $
500,000 or imprisoned not more than 15 years, or both.
(b) Organizations. Any organization that commits any offense
described in subsection (a) shall be fined not more than $ 10,000,000.
18 U.S.C. § 1832. Theft of trade secrets
(a) Whoever, with intent to convert a trade secret, that is related
to or included in a product that is produced for or placed in interstate
or foreign commerce, to the economic benefit of anyone other than the
owner thereof, and intending or knowing that the offense will, injure
any owner of that trade secret, knowingly—
(1) steals, or without authorization appropriates, takes, carries
away, or conceals, or by fraud, artifice, or deception obtains such
information;
(2) without authorization copies, duplicates, sketches, draws,
photographs, downloads, uploads, alters, destroys, photocopies, replicates,
transmits, delivers, sends, mails, communicates, or conveys such information;
(3) receives, buys, or possesses such information, knowing the
same to have been stolen or appropriated, obtained, or converted without
authorization;
(4) attempts to commit any offense described in paragraphs (1)
through (3); or
(5) conspires with one or more other persons to commit any offense
described in paragraphs (1) through (3), and one or more of such persons
do any act to effect the object of the conspiracy,
shall, except as provided in subsection (b), be fined under this title
or imprisoned not more than 10 years, or both.
(b) Any organization that commits any offense described in subsection
(a) shall be fined not more than $ 5,000,000.
18 U.S.C. § 1833. Exceptions to prohibitions
This chapter [18 U.S.C. §§ 1831 - 1839] does not prohibit—
(1) any otherwise lawful activity conducted by a governmental entity
of the United States, a State, or a political subdivision of a State;
or
(2) the reporting of a suspected violation of law to any governmental
entity of the United States, a State, or a political subdivision of a
State, if such entity has lawful authority with respect to that violation.
18 U.S.C. § 1834. Criminal forfeiture
(a) The court, in imposing sentence on a person for a violation
of this chapter [18 U.S.C. §§ 1831 - 1839], shall order, in addition to
any other sentence imposed, that the person forfeit to the United States—
(1) any property constituting, or derived from, any proceeds the
person obtained, directly or indirectly, as the result of such violation;
and
(2) any of the person's property used, or intended to be used,
in any manner or part, to commit or facilitate the commission of such
violation, if the court in its discretion so determines, taking into
consideration the nature, scope, and proportionality of the use of the
property in the offense.
(b) Property subject to forfeiture under this section, any seizure
and disposition thereof, and any administrative or judicial proceeding
in relation thereto, shall be governed by section 413 of the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. § 853), except
for subsections (d) and (j) of such section, which shall not apply to
forfeitures under this section.
18 U.S.C. § 1835. Orders to preserve confidentiality
In any prosecution or other proceeding under this chapter [18 U.S.C. §§
1831 - 1839], the court shall enter such orders and take such other action
as may be necessary and appropriate to preserve the confidentiality of trade
secrets, consistent with the requirements of the Federal Rules of Criminal
and Civil Procedure. the Federal Rules of Evidence, and all other applicable
laws. An interlocutory appeal by the United States shall lie from
a decision or order of a district court authorizing or directing the disclosure
of any trade secret.
18 U.S.C. § 1836. Civil proceedings to enjoin violations
(a) The Attorney General may, in a civil action, obtain appropriate
injunctive relief against any violation of this chapter.
(b) The district courts of the United States shall have exclusive
original jurisdiction of civil actions under this section.
18 U.S.C. § 1837. Applicability to conduct outside the United States
This chapter [18 U.S.C. §§ 1831 - 1839], also applies to conduct occurring
outside the United States if—
(1) the offender is a natural person who is a citizen or permanent
resident alien of the United States, or an organization organized under
the laws of the United States or a State or political subdivision thereof;
or
(2) an act in furtherance of the offense was committed in the United
States.
18 U.S.C. § 1838. Construction with other laws
This chapter shall not be construed to preempt or displace any other remedies,
whether civil or criminal, provided by United States Federal, State, commonwealth,
possession, or territory law for the misappropriation of a trade secret,
or to affect the otherwise lawful disclosure of information by any Government
employee under section 552 of title 5 (commonly known as the Freedom of
Information Act).
18 U.S.C. § 1839. Definitions
As used in this chapter [18 U.S.C. §§ 1831 - 1839]—
(1) the term "foreign instrumentality" means any agency, bureau,
ministry, component, institution, association, or any legal, commercial,
or business organization, corporation, firm, or entity that is substantially
owned, controlled, sponsored, commanded, managed, or dominated by a foreign
government;
(2) the term "foreign agent" means any officer, employee, proxy,
servant, delegate, or representative of a foreign government;
(3) the term "trade secret" means 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—
(A) the owner thereof has taken reasonable measures to keep such
information secret; and
(B) the information derives independent economic value, actual
or potential, from not being generally known to, and not being readily
ascertainable through proper means by, the public; and
(4) the term "owner", with respect to a trade secret, means the
person or entity in whom or in which rightful legal or equitable title
to, or license in, the trade secret is reposed.
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