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GCFA · Question #288

Which of the following sections of United States Economic Espionage Act of 1996 criminalizes the misappropriation of trade secrets related to or included in a product that is produced for or placed…

The correct answer is B. Title 18, U.S.C. 1832. Section 1832 of Title 18 of the U.S. Code criminalizes the theft of trade secrets where the stolen secret is related to a product in interstate or foreign commerce. This section targets domestic economic actors rather than foreign-government-sponsored espionage.

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Question

Which of the following sections of United States Economic Espionage Act of 1996 criminalizes the misappropriation of trade secrets related to or included in a product that is produced for or placed in interstate commerce, with the knowledge or intent that the misappropriation will injure the owner of the trade secret?

Options

  • ATitle 18, U.S.C. 1839
  • BTitle 18, U.S.C. 1832
  • CTitle 18, U.S.C. 1831
  • DTitle 18, U.S.C. 1834

How the community answered

(19 responses)
  • A
    11% (2)
  • B
    74% (14)
  • C
    11% (2)
  • D
    5% (1)

Why each option

Section 1832 of Title 18 of the U.S. Code criminalizes the theft of trade secrets where the stolen secret is related to a product in interstate or foreign commerce. This section targets domestic economic actors rather than foreign-government-sponsored espionage.

ATitle 18, U.S.C. 1839

18 U.S.C. 1839 is the definitions section of the Economic Espionage Act, providing statutory definitions for terms such as 'trade secret,' 'owner,' and 'misappropriation,' rather than criminalizing any conduct.

BTitle 18, U.S.C. 1832Correct

18 U.S.C. 1832 specifically prohibits the misappropriation of trade secrets that are related to or included in a product produced for or placed in interstate or foreign commerce, and requires that the offender know or intend that the misappropriation will injure the trade secret owner. It is the primary domestic theft-of-trade-secrets provision of the Economic Espionage Act of 1996, carrying penalties of fines and imprisonment up to 10 years.

CTitle 18, U.S.C. 1831

18 U.S.C. 1831 addresses economic espionage that benefits a foreign government, instrumentality, or agent, which is a narrower offense than the general domestic trade secret theft covered by section 1832.

DTitle 18, U.S.C. 1834

18 U.S.C. 1834 addresses court orders to preserve the confidentiality of trade secrets during proceedings under the Act, and does not itself criminalize misappropriation.

Concept tested: U.S. Economic Espionage Act section 1832 trade secret theft

Source: https://www.law.cornell.edu/uscode/text/18/1832

Topics

#Economic Espionage Act#trade secrets#US law#Title 18 USC 1832

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