The approval requirement was not extended for cases under 18 U.S.C. Approval for § 1831 cases should be obtained from the Assistant Attorney General for the National Security Division, through the Counterintelligence and Export Control Section. Subsequently, the Attorney General renewed the prior requirement for initiating prosecutions under 18 U.S.C. This requirement expired on October 11, 2001. (See Octoletter from Attorney General Janet Reno to Chairman Orrin Hatch, Criminal Resource Manual at 1123). NOTE: Prior to the passage of the EEA, the Attorney General assured Congress in writing that for a period of five years, the Department of Justice would require that all prosecutions brought under the EEA must first be approved by the Attorney General, the Deputy Attorney General or the Assistant Attorney General of the Criminal Division. The EEA also covers conduct occurring outside the United States where the offender is a citizen or permanent resident alien of the United States, or an act in furtherance of the offense was committed in the United States. Further, because of the recognized difficulty of maintaining the secrecy of a trade secret during litigation, the EEA requires that courts take actions, as necessary, to preserve the confidentiality of the trade secret. The EEA also permits the Attorney General to institute civil enforcement actions and obtain appropriate injunctive relief for violations. There are a number of important features to the EEA, including a provision for the criminal forfeiture of any property or proceeds derived from a violation of the EEA. The second provision makes criminal the more common commercial theft of trade secrets, regardless of who benefits. § 1831, is directed towards foreign economic espionage and requires that the theft of the trade secret be done to benefit a foreign government, instrumentality or agent. The first provision, codified at 18 U.S.C. The EEA contains two separate provisions that criminalize the theft or misappropriation of trade secrets. 3489 (October 11, 1996) (hereinafter the "EEA") to address the growing problem of theft of trade secrets. The ACLU is calling for investigations and full disclosure of records to determine if oaths of office were broken or federal laws violated.Ĭlick on the image at left to see and read extracts from a sample redacted document.Congress, recognizing the importance of the protection of intellectual property and trade secrets to the economic health and security of the United States, enacted the Economic Espionage Act of 1996, Pub.L. The actions of the president, his administration, and these agencies are part of a broad pattern of disregard for the rule of law in the name of national security. There is proof that the Pentagon, too, is illegally gathering and sharing private and protected information. Recently, President Bush acknowledged giving explicit and secret authorization for warrantless electronic eavesdropping and physical searches by the NSA. Documents obtained by the ACLU under the Freedom of Information Act reveal that the FBI is using its Joint Terrorism Task Forces to gather extensive information about peaceful organizations.
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