In 1996, President Clinton signed the Economic Espionage Act (the “Act”). At the time, the principal proponents of the law included business leaders from the then burgeoning Silicon Valley as well as from the aerospace industry. Proponents of the Act claimed foreign entities were actively attempting to steal trade secrets and that the existing laws at the time did not adequately protect their interests. The Act, among other things, criminalized the theft of trade secrets intended to benefit “any foreign government, foreign instrumentality, or foreign agent.” Steep penalties for violations of the Act demonstrated that the United States would take economic espionage extremely seriously. Since its passage, the U.S. Government has aggressively enforced the Act against those who have sought to steal trade secrets from companies for the benefit of foreign adversaries.
Convictions for economic espionage in violation of 18 U.S.C. § 1831 can result in a prison sentence of up to 15 years. Since the Act’s initial passage, Congress has increased the potential monetary penalties for violations to $5 million. For organizations, the maximum possible fine was increased to “the greater of $10,000,000 or 3 times the value of the stolen trade secret to the organization.” Between 1996 and 2020, there were no fewer than 190 cases against 276 individual defendants for violation sunder the Act. Of these individual defendants, 31 were convicted of economic espionage under § 1831 of the Act; the...
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https://www.natlawreview.com/article/series-economic-espionage-and-theft-trad...