#ECONOMIC ESPIONAGE DEFINITION CRIMINAL SOFTWARE#

The court also cited the potential for other misuse of the technology that could cause harm to Motorola due to the danger that the Chinese government or others could hack into iDEN networks. вЂњThis facet of the courtвЂ™s opinion is interesting because it did not rely solely on the traditional concept of competitive harm-that a Chinese company could duplicate iDEN technology and lure away Motorola customers with a cheaper alternative. Jin argued that she didnвЂ™t mean to hurt Motorola.

Rather, it would appear that the mere intent to convey or use knowledge in an employeeвЂ™s head for her own or anotherвЂ™s benefit can satisfy this element of the statute,вЂќ wrote the Crowell & Moring attorneys. вЂњThis ruling illustrates that an intent to pass on documents or data containing trade secrets is not necessary to prove a violation of the EEA. The court said it was adequate that Jin intended to study the documents, making herself a вЂњwalking repositoryвЂќ so she could convey an economic benefit to herself by enhancing her career opportunities in China, the attorneys explained. вЂњThe Seventh Circuit was not persuaded by JinвЂ™s argument that she had no intent to confer an economic benefit because there was no proof that she had any intention of showing the documents to anyone else,вЂќ the Crowell & Moring attorneys explained. She was caught, convicted and sentenced to four years in prison. Jin came back to the U.S., bought a one-way ticket back to China, downloaded Motorola documents relating to the iDEN cellular telecommunications system and headed for OвЂ™Hare International Airport with a substantial amount of cash. While on leave in China, Jin sought a position with a telecommunications company that supplies the Chinese military.

#ECONOMIC ESPIONAGE DEFINITION CRIMINAL SOFTWARE#

The defendant in the case, Hanjuan Jin, a Motorola software engineer, was charged with criminal trade secrets theft under the EEA. The вЂњindependent economic valueвЂќ prong of the definition of a trade secret can be satisfied even where the value of the information cannot be вЂњmonetizedвЂќ.Proof of potential injury to the owner of the trade secret can be based on factors other than traditional competitive harm.The element requiring proof of intent to benefit someone other than the trade secret owner can be met even absent proof of intent to pass on stolen materials.Klapow distilled the broad scope message of the ruling into three bullet points:

LEXIS 19767 ) is a good one for corporate victims of trade secret theft and underscores what a powerful tool the Economic Espionage Act (EEA) is in fighting misappropriation of vital company information.Д¬rowell & Moring attorneys Stephen M. Court of Appeals for the Seventh CircuitвЂ™s ruling in U.S. Appeals Court Ruling on Proof Favors Corporations

Economic espionage definition criminal