Employee Data Theft and Corporate Hacking Studies Point to Need for Additional Federal Trade Secrets Legislation

Today is the deadline for public comments requested by the Obama Adminstration on any proposed changes to federal law to combat trade secret theft. 

Some legal commentators have proposed several suggested changes to improve America’s trade secrets laws, including creating a federal civil cause of action for trade secrets misappropriation and clarifying that the Economic Espionage Act applies to defendants who provide trade secrets to a foreign corporation or entity. In addition, others are considering proposing clarifying that the Computer Fraud and Abuse Act applies to employee data theft, enhancing the penalties for violations of the Economic Espionage Act, and providing U.S. Customs with greater clarity concerning its ability to seize products containing misappropriated trade secrets. 

In addition, the American Bar Association Intellectual Property Section supported a resolution creating a federal civil action for trade secret misappropriation laying out five guiding principles that any future legislation should observe. Others believe that additional legislation may stifle innovation, privacy, and individual rights, or that the existing legal framework is sufficient or further legislation unnecessary.

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