Some charges can be defended as competitive intelligence gathering as opposed to theft. Mental disease / defect, false accusation, and proven lack of intent to knowingly commit an illegal act can all be presented as defenses. Unlawful duplication of computer-related material.As soon as a person becomes aware that they are under investigation for economic espionage, they need to obtain legal advice from an experienced New York criminal defense attorney. When is the best time to act?īeing charged with economic espionage carries serious consequences, especially if the offense is being prosecuted at the federal level. If any form of digital tampering is involved, a defendant may be charged with Unauthorized Use of a Computer, a Class A misdemeanor punishable by 1 year in prison and / or a fine of up to $1,000. Misappropriation of trade secrets is punishable via injunctive relief, payment of damages caused by economic harm, and in some instances, punitive damages. New York State law imposes different penalties for economic espionage, depending on the nature and severity of the offense. Use of hidden surveillance programs such as sniffer bots or keystroke loggers.Using patented manufacturing techniques without proper authorization.Other activities that qualify as economic espionage are: Misappropriation refers to the acquisition of a trade secret while knowing that it was acquired by improper means. New York law defines a trade secret as “formula, process, device, or compilation” used in a business to give that business a competitive edge. One major form of economic espionage is the misappropriation of trade secrets. Sensitive trade, financial, or economic policy information.Some US allies abuse the access they have been granted to try to clandestinely collect critical information that they can use for their own economic or political advantage.Economic espionage (also known as corporate espionage) is the illegal or subversive targeting or acquisition of the following: China and Russia are our most aggressive and capable adversaries using economic espionage.Ĭhina and Russia are not the only perpetrators of espionage against sensitive US economic information and technology. The requirement to move quickly and unabashedly leaves American companies vulnerable as they flock into spy-rich developing nations. American companies are driven into developing markets by shareholders, growth ambitions, and the desire to beat Wall Street's quarterly earnings expectations. The second CI challenge is tied to the nature of public corporations. CI measures absorb company resources that would otherwise be used for growth. This is in large part because counterintelligence is not a typical corporate function, even for well-trained and well–staffed security professionals.Ĭounterintelligence is a challenge for corporations for two reasons. The private sector alone lacks the resources and expertise to thwart foreign efforts to steal critical American know-how. Without corrective action that mobilizes the expertise of both the Federal Government and the private sector, the technologies cultivated by American minds and within American universities are at risk of becoming the plunder of competing nations at the expense of long-term U.S. Espionage against the private sector increases the danger to long-term U.S. Their efforts compromise intellectual property, trade secrets, and technological developments that are critical to national security.
These adversaries use traditional intelligence tradecraft against vulnerable American companies, and they increasingly view the cyber environment-where nearly all important business and technology information now resides-as a fast, efficient, and safe way to penetrate the foundations of our economy. Today, foreign intelligence services, criminals, and private sector spies are focused on American industry and the private sector. Nazi spies during World War II tried to penetrate the secrets behind our aviation technology, just as Soviet spies in the Cold War targeted our nuclear and other military secrets. They frequently avoid using standing armies, shirk traditional spy circles, and go after the heart of what drives American prosperity and fuels American might. Principles of Artificial Intelligence Ethics for the ICĪmerica's adversaries throughout history have routinely taken their competitive efforts beyond the battlefield.
0 kommentar(er)
