The Study on the U.S. Economic Espionage Act of 1996

• Main Authors: Sheng-Chen Tseng, 曾勝珍
• Other Authors: Wen-Yin Chen
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/25754925983775733800

博士 === 國立中正大學 === 法律學研究所 === 93 === For many years, a major problem for law enforcement in responding to the increase in such thefts has been a glaring gap in federal law. In order to update Federal law to address the technological and economic realities of the end of the 20th century, is acting to pass the Economic Espionage Act of 1996. This bill addresses an issue of critical importance to Nation’s economic well-being. First of all, this research analyzes the background in the area of economic intelligence and primarily focuses on the hearings of the Congress and the other related statutes, provides a brief background legislating history of the Economic Espionage Act. Secondly, introducing the definition of “economic espionage ” and the purpose of the espionage activities. The Act has prohibited acts to the individuals who did the misconducts, and define trade secret discussing the enforceability provisions and the protective orders. In addition to concern about protective orders, commentators have raised other issues regarding the enforceability of the statute, as well as the propriety and need for the criminalization of such activities. The paper also makes the analysis of the weakness and the strength of EEA. Thirdly, this paper collects and analyzes those cases discussing the validity, construction, and application of the EEA. According to the relevant facts, the conclusion depending on the indictment is proper, the EEA could be adapted to prevent constitutional challenges. This analysis illustrates that Congress’ attempt to give clarification to the EEA resulted in further application. The next part will focus on the trade secret laws of R.O.C., introducing several cases happened in Taiwan and the other related statutes. In order to keep trade secret, parties should make an express contract to deal with the ownership of trade secrets between or among employees/employers and joint owners. Since no penalty and civil liability in the R.O.C. Trade Secret Law (1996), it becomes very difficult to avoid violation the individual confidential right and to emphasize the importance of information security. Finally, the issue of this paper tries to discuss the Law and intends to suggest the other new statutes to comprise the economic espionage criminals. The EEA is best viewed as an outgrowth of concern over what nations will do with the spies and spying equipment left over from the Cold War and provides us the best experiences to legislate the same act to deal with the economic espionage in R.O.C.