Federal · Title 50 — War and National Defense

50 U.S.C. § 1708: Actions to address economic or industrial espionage in cyberspace

Civil

What this law says, in plain English

This statute establishes procedures for identifying foreign countries and persons engaged in cyberspace economic or industrial espionage against U.S. trade secrets, requires presidential reporting on espionage activities, and authorizes the President to block property and transactions of those involved.

Read the full statutory text
foreign countries that engage in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; foreign countries identified under clause (i) that the President determines engage in the most egregious economic or industrial espionage in cyberspace with respect to such trade secrets or proprietary information (to be known as “priority foreign countries”); are targeted for economic or industrial espionage in cyberspace; and to the extent practicable, have been appropriated through such espionage; articles manufactured or otherwise produced using technologies or proprietary information described in clause (iii)(II); and to the extent practicable, services provided using such technologies or proprietary information; describes the economic or industrial espionage engaged in by the foreign countries identified under clauses (i) and (ii) of subparagraph (A); and actions taken by the President to decrease the prevalence of economic or industrial espionage in cyberspace; and the progress made in decreasing the prevalence of such espionage. engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; or individuals who are citizens or residents of the foreign country; or entities that are organized under the laws of the foreign country or are otherwise subject to the jurisdiction of the government of the foreign country. Each report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. The President may, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of each person described in paragraph (2), if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. A person described in this paragraph is a foreign person the President determines knowingly requests, engages in, supports, facilitates, or benefits from the significant appropriation, through economic or industrial espionage in cyberspace, of technologies or proprietary information developed by United States persons. The authority to impose sanctions under paragraph (1) shall not include the authority to impose sanctions on the importation of goods. The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) to carry out this subsection. The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, or conspires to violate, or causes a violation of, this subsection or a regulation prescribed under this subsection to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act [ 50 U.S.C. 1705(a) ]. Nothing in this section shall be construed to affect the application of any penalty or the exercise of any authority provided for under any other provision of law. the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and the Committee on Armed Services, the Committee on Energy and Commerce, the Committee on Homeland Security, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives. means the interdependent network of information technology infrastructures; and includes the Internet, telecommunications networks, computer systems, and embedded processors and controllers. stealing a trade secret or proprietary information or appropriating, taking, carrying away, or concealing, or by fraud, artifice, or deception obtaining, a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; copying, duplicating, downloading, uploading, destroying, transmitting, delivering, sending, communicating, or conveying a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; or knowingly receiving, buying, or possessing a trade secret or proprietary information that has been stolen or appropriated, obtained, or converted without the authorization of the owner of the trade secret or proprietary information. The term “knowingly”, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. The term “own”, with respect to a trade secret or proprietary information, means to hold rightful legal or equitable title to, or license in, the trade secret or proprietary information. The term “person” means an individual or entity. the person has taken reasonable measures to keep the information confidential; and the information is not generally known or readily ascertainable through proper means by the public. The term “technology” has the meaning given that term in section 16 1 of the Export Administration Act of 1979 ( 1 See References in Text note below. 50 U.S.C. 4618 ) (as in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)). The term “trade secret” has the meaning given that term in section 1839 of title 18 . an individual who is a citizen or resident of the United States; an entity organized under the laws of the United States or any jurisdiction within the United States; or a person located in the United States.

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