Trade Secrets Economic espionage is the theft of trade secrets. Trade secrets are used by companies when manufacturing products. Trade secrets may be a technique, device, pattern, program, formula, process, or a combination of these things. Companies will go the extra mile to make sure this information is protected and doesn’t end up in the wrong hands. However, economic espionage wouldn’t exist if the measures taken by companies truly protected their trade secrets. Two issues involved in investigating economic espionage and trade secrets are the difficulty of collecting evidence and proving the trade secrets were truly stolen. It is hard to collect evidence in a trade secret case. Unfortunately, this affects the success of the investigation …show more content…
Economic espionage is the theft of trade secrets, but it is usually associated with a foreign entity. The trade secrets that are stolen will benefit a foreign government or some other foreign entity. Economic espionage doesn’t have to include the intent to harm the owner of the trade secrets. Additionally, economic espionage is punished more severely. The misappropriation of trade secrets occurs when trade secrets are stolen in order to benefit someone other than the original owner. “Both crimes are covered by the Economic Espionage Act of 1996, Title 18, Sections 1831 and 1832 of the U.S. Code (Coleman, 2014)”. Additionally, both crimes are linked to the insider threat and the growing threat of cyber-enabled trade secret theft (Coleman, 2014). I think economic espionage can cause a significant amount of damage to the U.S. aside from the impact it would have on the company. Depending on what the company manufactures, it can give a foreign entity an advantage over the U.S. Potential remedies to the situation include conducting risk assessment, establishing an effective security policy, using an efficient data access policy, securing the infrastructure, and monitoring employee …show more content…
The major complication introduced if economic espionage or misappropriation of a trade secret involves a foreign entity is prosecuting the person responsible for the theft. These cases often go unreported due to the low success rate of the court cases. It is extremely difficult to find enough evidence to convict the culprit. “Often, the greatest challenge in prosecuting economic espionage, as opposed to trade secret theft, is being able to prove that the theft was intended to benefit a foreign government or foreign instrumentality (Coleman, 2014)”. “The beneficiary of the stolen trade secrets may be traced to an overseas entity, but obtaining evidence that proves the entity’s relationship with a foreign government can be difficult (Coleman, 2014)”. Even though the investigation and litigation of these crimes can time consuming, companies can recoup potential losses and further protect their intellectual capital by taking action (Barbanel,
While the widely exposed and discussed trials of WorldCom's and Tyco's top executives were all over the media, one of the most interesting cases of securities fraud was happening without any public acknowledgement.
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.
1985 became branded as the Year of the Spy by American press as a result of a string of high-profile espionage arrests. One of the most notorious cases from this time period is that of Aldrich Hazen Ames. In his thirty year employment with the Central Intelligence Agency’s Directorate of Operations, Ames compromised the second-largest number of CIA assets so far as is known; he was alleged to have disclosed virtually all of the CIA's active Soviet agents, many of whom were later executed or imprisoned. Ames received substantial payments for the information he provided- money that he had used years earlier to purchase a new Jaguar automobile and a $540,000 home, with cash, in Arlington. Apparently, these seemingly large expenditures by an employee making less than $70,000 a year had not raised questions at the CIA. For this research paper, I wanted to know how Aldrich Ames was so successful in engaging in espionage activities for almost a decade without attracting any attention whatsoever to himself, and also how this case in particular has transformed the counterintelligence practices of the United States Intelligence Community.
From drug dealing to high-tech computer crimes, international organized crime is unique to every organization and each fraction of the organization. Despite the wide range in histories, structure, and activities, overlap does occur, and it is always seen in the lack of effort to stop the organized crime groups. On a local level, the authorities have tried to stop the expansion of organized crime. However, on an international level, little is being done to prevent, stop, and bring justice to offenders.
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.
Many of us can remember playing childhood games when we were younger. One of my personal favorites was hide and seek. My favorite part of the game was when I was hiding and tried to watch 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. What would happen though if the seeker didn't know who he was looking for, but knew someone was hiding? How would he go about finding the person? Further more how much more could the person accomplish if they were hiding right in front of them, but the seeker did not know? Well it may sound a little off, but that was basically the game of espionage. Spies would try to conceal themselves by gathering information at the same time. During times of war it was critical to keep your movements, plans, and technology secret so that enemies could not be prepared or be one-step ahead. Therefore spies would be a very influential on outcomes of wars. One of the wars that the USA needed espionage help was in WWII. Not only did they need to get information but have counter intelligence to keep secrets away from Germany and their allies. Espionage helped the US during WWII in the defeat of Germany and their allies.
Knowledge is power. It is as simple as that. Espionage is the secret gathering of information, often referred to as "intelligence". Intelligence refers to the processed information needed to make any decision. This could be used for business, military, economic, or political decisions. More often than not, this term refers to domestic or foreign policy of a country. Espionage is illegal in all countries, yet all countries have some form of espionage organization. The first espionage act was recorded 2500 years ago. The first book on espionage, The Art of War was written by a Chinese emperor/general Sun Tzu in about 500 BC. There is another type of espionage, counter-espionage. This is the collection of information of any espionage (Ransom 1).
Would the name Hallowed receive protection as a trademark or as trade dress? Explain. P.308,312
A whistleblower is a person who exposes misconduct, alleged dishonest or illegal activity occurring in an organization. A whistleblower can be classified for violation of a law, rule, regulation or a direct threat to public interest, such as fraud, health and safety violations and corruption. The first protection law for whistleblowers in the United States was on July 30, 1778. The Continental Congress had an unanimous vote. In 1777 Richard Marven and Samuel Shaw blew a whistle, they suffered severe retaliation by Esek Hopkins, the Commander in Chief of the Continental Navy. There have been many whistleblowers since Marven and Shaw, one of the biggest whistleblowers today is an Australian editor, activist, publisher and journalist named Julian Paul Assange, which he's known for as the editor-in-chief and founder of WikiLeaks.
Hulnick A.S. 2004 “Espionage: does it have a future in the 21st century” Brown Journal of World Affairs.
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 world is becoming an increasingly smaller place and through the efforts of individuals who wish to participate in illicit acts and business we are discovering that technology provides new opportunities and benefits for their illicit businesses (Williams 2002). I use the term globalization in reference to the ability we now have to quickly communicate and voyage within a global context. With the advent of globalization these experiences have be...
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.
One example is steganography, it was interesting to learn that until now, steganography has not been considered a serious threat in comparison to other cybercrime activities, and it is likely that criminals are aware of the focus not being on this type of threat which makes sense as to why spies made use of this tool. By investigators focusing primarily on the obvious tactics that criminals use, it leaves room for this kind of tool to go unnoticed. A case such as this will help us to be more cautious of methods that may seem to be unlikely, but still places a risk.
Intellectual property protects things that are intangible although given value. They are given value both through the law and through the market place. To protect these ideas of mental labour copyright is used to protect these expressions, for example; books, newspapers, paintings, photographs, music, films and television programs are all the result of a creative process. Each of these products is covered by copyright, which protects the interests of the creator. Copyright in these products acknowledges both the fact that the creator has produced an article and the right for the creator to be paid for the thought and effort involved in its creation. The laws of copyright protect authors' ownership of their intellectual property.