Law Journal Press just published Release 18 of my book, Intellectual Property and Computer Crimes, which features an analysis of two recent appellate court decisions that setback the government’s efforts to protect intellectual property in the United States. In United States v. Aleynikov, the Second Circuit ordered the acquittal of a former Goldman Sachs Group Inc. computer programmer who had been prosecuted under the Economic Espionage Act (“EEA”) and the National Stolen Property Act (“NSPA”) for stealing computer source code from Goldman. The court found a computer program to be intangible property that does not constitute “goods, wares or merchandise,” as required by the NSPA and that the government must prove under the EEA that a trade secret itself is “intended to, or actually move in interstate or foreign commerce.” Click here to purchase Intellectual Property and Computer Crimes.
The Ninth Circuit in United States v. Nosal rejected an expansive reading of the Computer Fraud and Abuse Act and held that the CFAA was intended to punish hacking, not misappropriation of trade secrets.
Other topics discussed in this Release include: Review of the approximate 120 prosecutions that the government has brought under the EEA; requirements for bringing a civil action under the CFAA; what it means to “exceed authorization” under the CFAA; whether the interception of computer keystrokes is a violation of 18 U.S.C. section 2511; definition of “knowingly” under Section 1832 of the EEA.
The book explains the criminal laws that apply to violations of intellectual property rights and unauthorized computer access, as well as civil violations under the Computer Fraud and Abuse Act — and their impact on your clients. Intellectual Property and Computer Crimes examines criminal infringement, the expanded scope of computer hacking laws, and the important legal issues that arise when these crimes are prosecuted.
Coverage includes detailed analysis of the Economic Espionage Act based on the latest cases; how to calculate damages and the meaning of unauthorized access under the Computer Fraud and Abuse Act; recent prosecutions under the Trademark Counterfeiting Act; state prosecutions for computer hacking and theft of trade secrets; and civil cases brought under the DMCA. In addition to analysis of laws aimed specifically at intellectual property violations, you’ll find discussion of how general criminal laws are used to prosecute intellectual property crimes.
Whether you are a criminal lawyer seeking guidance on intellectual property issues or a civil lawyer with questions about criminal law or the use of criminal statutes in civil litigation, this book is an invaluable reference.