Economic Espionage act (1996) states that
“Whoever, intending or knowing that the offense will benefit any foreign government, foreign instrumentality, or foreign agent, knowingly without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys a trade secret shall, except as provided in subsection (b), be fined not more than $500,000 or imprisoned not more than 15 years, or both.”.
It is important to note that the clause clearly stipulates that the eligible person for the punishment in such espionage is one who has intentions of benefiting another corporation or group apart from the one he/she is working
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According to a Annual Report to Congress on Foreign Economic Collection and Industrial Espionage (2008), a wide variety of foreign entities have attempted to illegally acquire trade secrets and US technology a problem attributed to outsourcing research and development. Most companies in the United States have been encouraging outsourcing research and development as a means improving themselves in terms of products being universally usable. This has led such companies setting up bases in foreign countries where such research is carried out. These bases have well been used as a gateway for economical espionage since foreign entities can easily access such bases and access information on the said companies or U.S in general. This may be through employees in such bases, spies or even hacking information systems that are connected the ones in the U.S. Acquisition of information and technology from such companies has well been used to either disable operations of such bases or setting up rival companies. It is worth noting that espionage from such bases is hard trace or quantify. This is because the jurisdiction of such states cannot be influenced or forced to take measures of such activities due to the nation’s sovereignty. Legal cases in such incidents are left pending for fear of bad international relations and investigations are hardly finished. Economic espionage in
These sections “prohibit any person from soliciting any proxy or consent … by means of any proxy statement or other communication containing untrue statement of material fact or omitting to state a material act” (“SEC Complaint”, 2005). Lastly, the fifth claim is for the violation of Section 30A(a)of the Exchange Act (“SEC Complaint”, 2005). This section was violated when Tyco corruptly used interstate commerce to pay foreign officials for the purpose of retaining
The National Foreign Intelligence Program prevents foreign espionage with investigating foreign cases within the U.S. borders. Also the Intelligence Program is involved with threats, weapons in mass destruction, including the nation’s critical infrastructures such as communications, banking systems, and transportation systems.
Counterintelligence is one of the most vital areas of the United States intelligence system, and is heavily intertwined with our history, laws and ethics. According to the National Security Act of 1947, counterintelligence (CI) is defined as “information gathered and activities conducted to protect against espionage, other intelligence activities, sabotage, or assassinations conducted by or on behalf of foreign governments or elements thereof, foreign organizations or foreign persons, or international terrorist activities.” It consists of five activities and functions: operations, investigations, collection, analysis and production, and functional services. In this aspect, CI is unique in that it is both an activity and its product. U.S. intelligence agencies, including the National Security Agency (NSA) and the Central Intelligence Agency (CIA) collect and analyze both CI information and foreign intelligence. There are many counterintelligence activities that the United States is involved in, as both CI and foreign intelligence play an important role in countering threats to our country’s national security. Among these most controversial and misunderstood activities are counterespionage and disinformation.
On April 2nd 1917, President Woodrow Wilson of the United States of America, ??went before Congress and called for a declaration of war. Both the House and the Senate voted overwhelmingly in favor of going to war with Germany.?# This was an act that led to much resistance among the American people. Not four months earlier the American people re-elected President Wilson, partly because of his success in keeping the United States out of this European war. However, a series of events, such as the Germans continuing submarine warfare and the attacks on five American ships, led President Wilson to sever diplomatic relations with Germany and send the United States into what
I will then analyze the 3rd recommendation of the paper “Liberty and Security”, which demands that “surveillance must not be directed at illicit or illegitimate ends, such as the theft of trade secrets or obtaining commercial gain for domestic industries,” and argue that even if this motive may not be the main reason why foreign surveillance is conducted, it can be an unintended but useful – or rather unfair – consequence of easy collection of foreign intelligence, especially when considering the difference in technological capabilities between countries in the world. Finally, I am going to argue that, for the socio-economic benefit of globalization and international trade, it should be made equally harder for US intelligence agencies to collect information on non-US persons as it is to collect US-persons’ private information. Otherwise, this double standard can have – or maybe already has – negative consequences on trust between nations.
“All things are possible with the right technology!” said Helmut Schwartz, the recently appointed CEO of Globe Alive, Inc. (GAI), an Edmonton-based software company. Speaking at a monthly management meeting of GAI executives, Schwartz continued. “With the right technology in our organization, we can facilitate efficient communication between global partners, discern in-bound supply chain elements from out-bound shipments, expedite customer orders in a timely manner, electronically transfer funds around the world, and monitor employees to ensure they are being productive. And that list is by no means exhaustive. Believe me when I say, all things are possible with the right technology. When I shared
• Third, is there any doubt at all that the US government repeatedly tried to mislead the world when insisting that this system of suspicionless surveillance was motivated by an attempt to protect Americans from The Terrorists™? Our reporting has revealed spying on conferences designed to negotiate economic agreements, the Organization of American States, oil companies, ministries that oversee mines and energy resources, the democratically elected leaders of allied states, and entire populations in those states.
The United States has had a long and complicated journey with intelligence. Throughout its early history, the United States had a sporadic relationship with the intelligence community, only utilizing intelligence during wartime. After World War II, it became clear that the United States needed to enhance its intelligence gathering systems in order to prevent another disaster of this magnitude. Reacting to this pressure, policymakers soon drafted and passed the National Intelligence Act of 1947, creating the Central Intelligence Agency (CIA), the United States’ first peacetime intelligence agency. Though not always entirely authorized to do so, the CIA has carried out many covert operations with varying levels of success. Despite the fact that some of these operations have been a success, covert operations have largely been a detriment to the United States; covert operations hurt the United States’ public image, rarely fix the original problem entirely, and were not meant, by those who drafter the National Intelligence Act of 1947, to be carried out by the CIA.
According to Extractive Sector Transparency Measures Act S.C. 2014, c. 39, s. 376; Canada’s CFPOA and Secret commission offence Canada’s Criminal Code 62. Id. § 21(2). States that “where two or more persons “form an intention in common to carry out an unlawful purpose and to assist each other,” and one of them carries out the common purpose, committing an offense, each would be culpable for that offense”
Counterintelligence: exposing, preventing, and investigating intelligence activities on U.S. soil; foreign espionage strikes at the heart of national security, impacting political, military, and economic strengths.
Espionage is spying on other countries to obtain confidential information about the procedures with government and military. The world has used espionage as a means of knowledge acquisition for many years, and the United States is well known for use of intelligence agencies for spying, conducting covert operations, and funneling money to sway foreign elections or to remove foreign leaders from power. Intelligence agencies were developed to utilize precautionary strategies and tactics in strengthening security and defense of the country. The history of the United States intelligence agencies has been to develop a system where terrorists, drug cartels, money launderers and others are stopped by elite forces. Currently,
There are two important major reforms that the U.S. established, the Economic Espionage Act (EEA) of 1996 and the Theft of Trade Secrets Act of 2012. The U.S. established the EEA of 1996 to protect companies with industrial espionage, theft of trade secrets, fraud, transfer of custody, and penalties on offenses(ECONOMIC ESPIONAGE ACT OF 1996). “The EEA of 1996 is an act that makes theft or misappropriation of trade secrets a federal crime” (LaMance). Activities that are punishable under the EEA of 1996 if the person:
Data can be collected through human sources, satellites, wiretapping, signals, and internet traffic. However, intelligence organizations must be in compliance with the law to ensure that they are not illegally collecting information (Chesney, 2012). Collection occurs because a threat is likely to occur or agencies are trying to find out what information our foreign adversaries possess about the nation’s assets. Intelligence collection occurs in both domestic and foreign territories. Intelligence agencies collect information about foreign adversaries in order to exploit their weaknesses or vulnerabilities (Gentry, 2008). Furthermore, government agencies and political leaders want to discover which of the nation’s assets are seen as vulnerable to the enemy (Gentry, 2008).
Counterintelligence (CI) involves actions aimed at protecting the United States against foreign intelligence operations and espionage from penetration and disruption by hostile nations or their intelligence services (Lowenthal, 2014). Three main components of Counterintelligence include collection, defensive and offensive. The collection is the ability to gather intelligence information about rivalry capabilities against own nation; defensive part of CI involves measures to prevent and thwart other nations ' attempts to penetrate into own nation 's intelligence system; while an offensive aspect deal with running double agents to penetrate, manipulate, exploit, and control targeted adversaries. CI is said to be the most essential aspect of the intelligence disciplines, in the sense that it helps in collecting vast quantities of secret information and produce an excellent analysis of intelligence, although, ineffective counterintelligence measures may diminish confidence in the final results (Van Cleave, 2013).
Espionage and surveillance has been around since the beginning of time; essentially, since the start of civilization. Much how the Romans used spies to gather information about those in power, the United States uses intelligence agencies to gather information on other countries overseas and what this information means for the United States. The United States has a numerous amount of intelligence agencies that gather information such as the CIA, NSA, FBI, etc. People often feel that spying is intrusive because they feel that their privacy and freedom is being invaded. People also argue that because of the methods they use to gather their information, spying is unethical. However, these methods have proven to be effective. The information these agencies gather is used to protect the United States from any possible terrorist attacks or from any type of threat in general. Even though spying does not fit into what society deems as ethical, it is absolutely necessary.