October 23, 2018

Update to Federal Laws on Criminal Theft of Trade Secrets and Computer Hacking Just Published!!

Release 19 to Intellectual Property & Computer Crimes just published! The release is particularly timely because it discusses the reach of the Computer Fraud and Abuse Act, which was used to prosecute Aaron Swartz.  It also includes a very timely update and analysis  of the approximate 130 prosecutions brought by the government under the Economic Espionage Act, which makes criminal the theft of trade secrets, including thefts committed by foreign entities and individuals, and which has been used to prosecute Chinese individuals and entities.The analysis draws conclusions about: (1) the location of the cases; (2) the extent of foreign involvement; (3) defendant’s gender; (4) defendant’s level of education; (5) relationship of defendant to the victim; (6) nationality of the defendant/purpose of theft; (7) type of trade secrets stolen; (8) identity of victim; (9) adequacy of protective measures; (10) dispositions; and (11) sentences.

Based on these findings and conclusions, it also makes meaningful conclusions and recommendations for both government and industry. With regard to the government, the findings suggest that it should be more aggressive in prosecuting violations of the EEA if it were truly serious about deterring thefts of trade secrets, and that the government has not been as active as claimed. Further, there is marked difference among U.S. Attorney’s Offices in the number of cases the office has charged under the EEA.

With regard to industry, the findings indicate that companies are not doing enough to protect their valuable proprietary information and that the process of protecting trade secrets is organic, in that, all businesses should constantly update their trade secret protection programs in response to ever changing conditions and threats. For example, the threat of foreign economic espionage, especially by Chinese entities, has greatly increased over the past several years.

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.

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