SEC 315 Assignment 3: Trade Secrets

Assignment 3: Trade Secrets

SEC 315: Security Assessment and Solutions

Strayer University

Abstract

This paper will discuss and analyze two (2) issues that are involved in investigating economic espionage and trade secrets. It is done in order to determine whether any direct or indirect impact has caused to the organization and what security measurements or methods are being taken. This is done to see what preventive measures should be implemented or mitigate the impact of further incidents. This paper will also, compare the economic espionage to misappropriation of trade secrets is to determine which creates greater damage to the victim and will identify potential remedies. Describing how the investigation and prosecution of the misappropriation of a trade secret are accomplished without divulging the trade secret. And finally, describing the complications introduced if the economic espionage or misappropriation of a trade secret involved is a foreign entity.

Analyzing two (2) issues involved in investigating economic espionage and trade secrets:

In regards to both, investigating economic espionage is when the trade is stolen for the benefit of the foreign government. The misappropriation of a trade secret is when one knowingly steals for the benefit for anyone or to the one who is not the owner of that trade. The first issue that is involved in investigating economic espionage and trade secrets is the organization itself. For example, companies hesitate or become uncertain when they need to contact the Federal Bureau of Investigation (FBI) for the sole reason; they are afraid that the trade secret may be compromised or disclosed and will be notified to the courts. This will become a direct and or indirect impact to the organization depending on the type of economic espionage and trade secrets (Richardson & Luchsinger., 2007).

The second issue that is involved in investigating economic espionage and trade secret is the cost. Espionage is unethical and unlawful; however, theft does carry a very heavy price financially and company reputation. This cost can go as further as technology being stolen, which makes it vulnerable to get information, for example, military adversaries or commercial espionage which is a dangerous technology to have in the wrong hands. The economic espionage act of 1996 was designed to protect any new crime that is committed by either wrongfully copying or even controlling any trade secrets that do not belong to them (Richardson & Luchsinger., 2007).

Security measures are taken under the economic espionage act of 1996 to prevent and or mitigate any future or potential theft. These are just the beginning or the start of methods that are put into place to have a major impact for any further incidents.

Compare economic espionage to misappropriation of trade secret to determine which creates greater damage to the victim:

According to trade secret misappropriation (2013), has greater damage to the victim versus economic espionage. There are laws that protect trade secrets and respects its commercial privacy, for example, copyright, or trademark law. Another example would be where the Consumer Legal Remedies Act (CLRA) comes into play where this act prohibits unfair methods in any competition, unfair practices and or deceptive by misappropriation of trade secrets. Greater damages fall into these categories if all else fails because these are the only things that are protecting the victim.

Describe how the investigation and prosecution of the misappropriation of a trade secret are accomplished without divulging the trade secret:

Stealing trade secret is a federal crime, such as, leaking sensitive information or disclosing any classified information. Since 1996, misappropriation of a trade secret has worsened because of the increased theft both digitally and globally. Investigation and prosecution have taken place without divulging the trade secret in confidential. For example, according to Levine & Flowers (2015), FBI was notified of the theft and got the warrant to investigate undercover and informed to use other means of legal tools in order to catch the criminals. At the same time, using those tools to prevent any trade secrets to leak out of the company or any countries.

Describe the complications introduced if the economic espionage or misappropriation of a trade secret involved is a foreign entity:

The complications that are introduced if either economic espionage or misappropriation of a trade secret, if involved within the foreign entity would be where intelligence collection occurs from the foreign economic department. For example, new cyber-attacks can happen against the United States Government with the new technologies that are available to steal IP addresses or any sensitive and valuable information.

Conclusion

Economic espionage and misappropriation of trade secrets are important and sensitive for each country. This is in place to protect the confidential information of the nation’s so that each country can be safe from any revival countries.

References

Levine, L. B., & Flowers, C. T (2015). How Prosecutors Protect Trade Secrets. American

Journal of Trial Advocacy. Retrieved from

https://www.justice.gov/criminal-ccips/file/640271/download

Richardson, L., & Luchsinger, V. (2007). Strategic Marketing Implications in CompetitiveIntelligence and The Economic Espionage Act Of 1996. Journal of Global BusinessIssues, 1(2), 41–45. Retrieved from

http://libdatab.strayer.edu/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=bh&AN=26361149&site=eds-live&scope=site

Trade Secret Misappropriation. (2013). Business Torts Reporter, 26(2), 33–36. Retrieved fromhttp://libdatab.strayer.edu/login?url=https://search.ebscohost.com/login.aspx?direct=tru&db=bth&AN=92695573&site=eds-live&scope=site