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Topic: Espionage Act


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  THE ECONOMIC ESPIONAGE ACT OF 1996: THE THEFT OF TRADE SECRETS IS NOW A FEDERAL CRIME
Under the Act, there is also criminal forfeiture to the United States of (1) any property constituting or derived from the proceeds of violations of the Act, and (2) the forfeiture of any property used or intended to be used, in any manner or part, to commit or facilitate a violation of the Act.
The Act also authorizes the Attorney General, Deputy Attorney General, or Assistant Attorney General in the Criminal Division of the Justice Department to apply for a federal court order authorizing or approving the interception of wore or oral communications by the FBI or other federal agencies having responsibility for the investigation of the offense.
The Economic Espionage Act of 1996 is a major development in the law of trade secrets in the United States and internationally.
my.execpc.com /~mhallign/crime.html   (1775 words)

  
  Espionage Act of 1917 - Wikipedia, the free encyclopedia
The Espionage Act of 1917 made it a crime, punishable by a $10,000 fine and 20 years in jail, for a person to convey antipathy with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies.
During and after World War I the Espionage Act and the Sedition Act were used in prosecutions that would be considered constitutionally unacceptable in the U.S. even in the political climate after the September 11, 2001 attacks on New York's World Trade Center.
While much of the laws were repealed in 1921, major portions of the Espionage Act remain part of U.S. law (18 USC 793, 794) and form the legal basis for most classified information.
en.wikipedia.org /wiki/Espionage_Act   (370 words)

  
 Mark A. R. Kleiman: The Espionage Act
Moreover, in a case brought under the Espionage Act the timing of Valerie Plame's most recent foreign assignment and the vigor with which the CIA was keeping her identity under wraps would both be irrelevant.
Nor would it be necessary to show actual damage to the national security, which reduces the capacity of the defendants to practice "graymail" (mounting a defense designed to force the government to choose between dropping the case and revealing still more sensitive information in order to prove it).
One reason for not using the Espionage Act routinely is its very sweep: it criminalizes a wide range of potential disclosures, and it doesn't exempt reporters or other re-transmitters of security-sensitive information (they're vulnerable under subsection e).
www.samefacts.com /archives/001004.html   (512 words)

  
 MSN Encarta - Search Results - Espionage Act of 1917
Espionage Act of 1917, principal U.S. legislation prohibiting espionage for a foreign country and providing heavy penalties for such activity.
Espionage, the secret collection of information, or intelligence, that the source of such information wishes to protect from disclosure.
The Immigration Act of 1917 expanded the classes of foreigners excluded from the United States.
ca.encarta.msn.com /Espionage_Act_of_1917.html   (127 words)

  
 Espionage history (1917-1918)
Espionage history: During World War I, those who dared to speak against the war were fined and imprisoned under the Espionage and Sedition Acts (1917-1918).
The Sedition Act of 1918 (also called the Sedition Amendment to the Espionage Act) was even more draconian, imposing heavy penalties on anyone convicted of using “disloyal, profane, scurrilous, or abusive language” about the Constitution, the government, the military, or the flag.
Of course, the government got to decide what constituted a “clear and present danger,” and both the Espionage Act of 1917 and the Sedition Act of 1918 were wielded like blunt instruments against anyone who dared to disagree with the government.
ncnc.essortment.com /espionagehistor_rago.htm   (872 words)

  
 Rosenberg v United States
JUSTICE DOUGLAS, in issuing the stay, did not act to grant some form of amnesty or last-minute reprieve to the defendants; he simply acted to protect jurisdiction over the case, to maintain the status quo until a conclusive answer could be given to the question which had been urged in the defendants' behalf.
The Department of Justice maintains that the Espionage Act is applicable to the indictment because all of the overt acts alleged took place before the passage of the Atomic Energy Act of 1946.
Second, although the overt acts alleged were committed in 1944 and in 1945, the Government's case showed acts of the Rosenbergs in pursuance of the conspiracy long after the new Act became effective.
www.law.umkc.edu /faculty/projects/ftrials/rosenb/ROS_CT4.HTM   (12158 words)

  
 Encyclopedia: Espionage Act of 1917
The law was later extended by the Sedition Act of 1918, which made it illegal even to speak out against the government.
The Sedition Act of 1918 was an amendment to the Espionage Act of 1917.
The phrase official secrets act may also be used to refer to statutes of a similar nature in other countries.
www.nationmaster.com /encyclopedia/Espionage-Act-of-1917   (874 words)

  
 Mark A. R. Kleiman: The Espionage Act   (Site not responding. Last check: 2007-10-26)
The Espionage Act has rarely been used, but it's not a dead letter, as the Morison case illustrated.
Moreover, in a case brought under the Espionage Act the timing of Valerie Plame's most recent foreign assignment and the vigor with which the CIA was keeping her identity under wraps would both be irrelevant.
One reason for not using the Espionage Act routinely is its very sweep: it criminalizes a wide range of potential disclosures, and it doesn't exempt reporters or other re-transmitters of security-sensitive information (they're vulnerable under subsection e).
www.markarkleiman.com /archives/valerie_plame_/2003/10/the_espionage_act.php   (555 words)

  
 Espionage Act of 1917   (Site not responding. Last check: 2007-10-26)
to the law, usually called the Sedition Act, was passed in 1918 but repealed in 1921; it forbade spoken or printed attacks on the U.S. government, Constitution, or flag.
The 1940 revision of the Espionage Act increased its penalties.
Also under this act, the American Communists Julius Rosenberg and Ethel Rosenberg were convicted of spying and executed in 1953.
fc.mosesbrown.org /~dmacleod/EspionageAct1917.html   (212 words)

  
 Annual Report to Congress on Foreign Collection and Industrial Espionage - 1998
Despite the adoption of the Economic Espionage Act of 1996, many foreign countries, including some traditional US allies, continue their attempts to acquire US trade secret information and critical technologies for military and commercial application, through both legal and illegal means.
Clandestine collection efforts continue; however, consistent with traditional espionage operations, a significant majority to foreign intelligence collection is initially conducted through legal and open means and may be a precursor to economic espionage.
Consistent with traditional espionage operations, a significant majority of foreign intelligence collection is initially conducted through legal and open means and may be a precursor to economic espionage.
www.iwar.org.uk /ecoespionage/resources/senate/annual-reports/industrial-espionage-98.htm   (4489 words)

  
 THE INDUSTRIAL ESPIONAGE ACT OF 1996 August 27, 1996 - Senate Committee on the Judiciary Report 104-359
This Act may be cited as the ``Industrial Espionage Act of 1996.'' SEC.
Espionage is typically an organized effort by one country's government to obtain the vital national security secrets of another country.
One of the Act's purposes is, therefore, to promote the development and lawful utilization of proprietary economic information by protecting it from theft, unauthorized misappropriation or conversion.
www.fas.org /irp/congress/1996_rpt/s104359.htm   (8245 words)

  
 Espionage_act - Great UK Deals
The Espionage Act was passed by Congress in 1917...
The Espionage Act was passed by Congress in 1917 as a result of the United States entering the...
This Act may be cited as the Economic Espionage Act of...
www.findspot.com /espionage_act.htm   (342 words)

  
 Legislative History - Economic Espionage Act of 1996
President, I am pleased that the Senate is acting today to pass the Economic Espionage Act of 1996, legislation Senator KOHL and I introduced earlier this year to combat economic espionage.
It is a testament to the importance of the issue that we are able to act in a bipartisan fashion on the eve of national elections.
Thus, to make out an offense under the economic espionage section, the prosecution must show in each instance that the perpetrator intended to or knew that his or her actions would aid a foreign government, instrumentality, or agent.
www.usdoj.gov /criminal/cybercrime/EEAleghist.htm   (6154 words)

  
 Espionage Act   (Site not responding. Last check: 2007-10-26)
A History of the Espionage Novel The espionage novel in the 20th century by MysteryGuide.com.
Recent Espionage Cases (1975-1999) Defense Security Service, DoD, lists background information on 25 years of espionage.
An espionage thriller, a psychological tapestry woven between flashbacks and reality.
www.serebella.com /encyclopedia/article-Espionage_Act.html   (213 words)

  
 First World War.com - Primary Documents - U.S. Espionage Act, 15 June 1917
Reproduced below is a portion of the text of the Espionage Act passed by the U.S. Congress on 15 June, some two months following America's declaration of war with Germany.
The Act entitles "An Act to prevent the disclosure of national defence secrets," approved March third, nineteen hundred and eleven, is hereby repealed.
A "creeping barrage" is an artillery bombardment in which a 'curtain' of artillery fire moves toward the enemy ahead of the advancing troops and at the same speed as the troops.
www.firstworldwar.com /source/espionageact.htm   (399 words)

  
 The Espionage Act - June 15, 1917
Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe or suspect, has committed, or is about to commit, an offense under this title shall be punished by a fine of not more than $10,000 or by imprisonment for not more than two years, or both.
Nothing contained in this title shall be deemed to limit the jurisdiction of the general courts-martial, military commissions, or naval courts-martial under sections thirteen hundred and forty-two, thirteen hundred and forty-three, and sixteen hundred and twenty-four of the Revised Statutes as amended.
The Act entitles "An Act to prevent the disclosure of national defense secrets," approved March third, nineteen hundred and eleven, is hereby repealed.
www.thirdworldtraveler.com /Civil_Liberties/Espionage_Act_1917.html   (176 words)

  
 Espionage Act of 1917 -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-26)
The laws were ruled constitutional in the (The highest federal court in the United States; has final appellate jurisdiction and has jurisdiction over all other courts in the nation) United States Supreme Court case (Click link for more info and facts about Schenck v.
United States, 249 U.S. The law was later extended by the (Click link for more info and facts about Sedition Act of 1918) Sedition Act of 1918, which made it illegal even to speak out against the government.
While much of the laws were repealed in 1921, major portions of the Espionage Act remain part of U.S. law (18 USC 793, 794) and form the legal basis for most (Click link for more info and facts about classified information) classified information.
www.absoluteastronomy.com /encyclopedia/e/es/espionage_act_of_1917.htm   (368 words)

  
 The Economic Espionage Act: A Prosecution Update
That act was strongly supported by the Clinton Administration and by the bipartisan leadership of the House of Representatives and the Senate, principally because of testimony that, with the end of the Cold War, foreign governments were using their espionage capability to steal valuable trade secrets of U.S. industries.
Actually caught in the act of rifling through confidential Avery-Dennison files by the FBI, Lee pleaded guilty to wire fraud on October 1, 1997 and cooperated with the Government in building its case against the Yangs.
And in each case, criminal acts are alleged to have occurred in the United States, so the territorial reach of the EEA has not been tested.
www.oblon.com /Pub/economicespionageact.html   (2833 words)

  
 Espionage Act of May 16, 1918 : Article from CultureMonster.com   (Site not responding. Last check: 2007-10-26)
OVERVIEW - Espionage Act of May 16, 1918 - The Espionage Act was passed by Congress in 1917 after the United States entered the First World War.
It prescribed a $10,000 fine and 20 years' imprisonment for interfering with the recruiting of troops or the disclosure of information dealing with national defence.
Debs was sentenced to ten years for a speech in Canton, Ohio, on 16th June, 1918, attacking the Espionage Act.
www.culturemonster.com /articles/article-14555-138.html   (284 words)

  
 Dorsey & Whitney LLP: Publications: Legal Updates: The Economic Espionage Act: The Double-edged Sword
For corporate America, the Economic Espionage Act is a double-edge sword.
While it is important to be proactive to take advantage of the Economic Espionage Act, it is equally important to establish company policies and procedures to prevent an employee from infecting the workplace with his former employer’s trade secrets.
Again, as with positioning the company to be able to report violations of the Economic Espionage Act, advance planning is critical to sound defensive policies to avoid liability under the statute.
www.dorsey.com /publications/legal_detail.aspx?FlashNavID=pubs_legal&pubid=150171003   (1405 words)

  
 Mark A. R. Kleiman: The Plame Game:
    No, it's not all about
    the Intelligence ...
  (Site not responding. Last check: 2007-10-26)
For the purposes of the bill, someone is a "covert agent" only if he or she has "served overseas" within the previous five years, creating an effective seventh element.
Under the Espionage Act, the person doing the communicating need not actually believe that revelation could be damaging; he needs only "reason to believe." Classification is generally reason to believe, and a security-clearance holder is responsible for knowing what information is classified.
And to be a crime the disclosure need not be intended to damage the national security; it is only the act of communication itself that must be wilful.
www.markarkleiman.com /archives/valerie_plame_/2005/07/the_plame_game_no_its_not_all_about_the_intelligence_identities_protection_act.php   (633 words)

  
 Espionage Act
The Espionage Act was passed by Congress in 1917 after the United States entered the First World War.
Mitchell Palmer, the attorney general and his special assistant, John Edgar Hoover, used the Espionage Act and the Sedition Act to launch a campaign against radicals and left-wing organizations.
The Espionage Act resulted in filling the civil and military prisons of the country with men sentenced to incredibly long terms; Bill Haywood received twenty years, his hundred and ten International Workers of the World co-defendants from one to ten, Eugene V. Debs ten years, Kate Richards O'Hare five.
www.spartacus.schoolnet.co.uk /FWWespionage.htm   (3472 words)

  
 The Economic Espionage Act   (Site not responding. Last check: 2007-10-26)
Prior to 1996, if corporate espionage had occurred, recourse for such wrong was generally limited to instituting a civil action against the party misappropriating the trade secrets, and perhaps involving state authorities through an unfair trade practice statute.
Under the espionage section of the EEA, if theft is proven, then an individual defendant could face a fine of up to $500,000 and be imprisoned for up to 15 years.
The legislative history for the EEA clearly suggests that the Act was intended to reach theft by former employees.
www.chadbourne.com /Memo/Ecoesp.htm   (3736 words)

  
 The Economic Espionage Act of 1996
In an early incarnation, the Act applied only to thefts of trade secrets that were intended to benefit a "foreign government, foreign instrumentality or foreign agent." Concerns that such a law may violate a number of international trade treaties caused the bill to be rewritten to include both foreign and domestic theft of trade secrets.
The section provides for criminal forfeiture to the United States of any property constituting or derived from the process of violation of the act, and the forfeiture of any property used or intended to be used in the furtherance or commitance of the act.
The EEA also reaches completely foreign acts of economic espionage provided that the defendant is either a United States citizen, a permanent resident alien of the United States, or a United States corporation.
www.myersbigel.com /ts_articles/trade_secret4.htm   (3201 words)

  
 Federal Bureau of Investigation - Investigative Programs - Counterintelligence Division
Economic Espionage is (1) whoever knowingly performs targeting or acquisition of trade secrets to (2) knowingly benefit any foreign government, foreign instrumentality, or foreign agent.
However, the violator must be (1) a US person or organization; or (2) an act in furtherance of the offense was committed in the United States.
The Economic Espionage Unit is dedicated to countering the economic espionage threat to include developing training and outreach materials; participating in conferences; visiting private industry; working with the law enforcement and intelligence community on requirement issues; and providing specific classified and unclassified presentations.
www.fbi.gov /hq/ci/economic.htm   (664 words)

  
 The Economic Espionage Act-Reverse Engineering and the Intellectual Property Public Policy, Craig L. Uhrich   (Site not responding. Last check: 2007-10-26)
In addition to the acts covered by the EEA, some international agreements require criminal sanctions for infringement of various rights,[17] certain acts of copyright infringement carry criminal penalties,[18] and Congress is currently considering the Collections of Information Antipiracy Act.
Congressional purposes are served because the industrial espionage that prompted enactment of the EEA is deterred.
Until Congress undertakes a revision of the statute, the courts should interpret the EEA narrowly to limit it to those activities characteristic of the espionage that it was drafted to deter.
www.mttlr.org /volseven/Uhrich.html   (8658 words)

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