Category Archives: Computer Crime

FOR CORPORATE America, the Economic Espionage Act is a double-edged sword.  It can be used to protect a company’s intellectual property by prosecuting dishonest competitors who steal a company’s trade secrets, but it can also be used against a company that finds itself with trade secrets belonging to a competitor. Congress enacted the Economic Espionage Act in 1996, making it a federal crime to steal trade secrets. 18 U.S.C. 1831 et seq.  The definition of trade secrets in the statute mirrors the broad definition in state trade secret laws to include “all forms and types of financial, business, scientific, technical, … [ Continue reading → ]

Early in 2007, three separate circuit courts-the 5th U.S. Circuit court of Appeals in U.S. v. Phillips, 477 F.3d 215 (5th Cir. 2007); the 8th Circuit in U.S. v. Trotter, 478 F.3d 918 (8th Cir. 2007); and the 10th Circuit in U.S. v. Willis, 476 F.3d 1121 (10th Cir. 2007)-affirmed criminal convictions for violations of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030.  While the CFAA is primarily a criminal statute, it provides for a private right of action for injunctive relief and compensatory damages for anyone “who suffers damage or loss by reason of a violation of” … [ Continue reading → ]