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18 USC CHAPTER 90 - PROTECTION OF TRADE SECRETS 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 90 - PROTECTION OF TRADE SECRETS

.

-HEAD-

CHAPTER 90 - PROTECTION OF TRADE SECRETS

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Sec.

1831. Economic espionage.

1832. Theft of trade secrets.

1833. Exceptions to prohibitions.

1834. Criminal forfeiture.

1835. Orders to preserve confidentiality.

1836. Civil proceedings to enjoin violations.

1837. Applicability to conduct outside the United States.

1838. Construction with other laws.

1839. Definitions.

AMENDMENTS

2002 - Pub. L. 107-273, div. B, title IV, Sec. 4002(f)(1), Nov.

2, 2002, 116 Stat. 1811, substituted ''Applicability to conduct''

for ''Conduct'' in item 1837.

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18 USC Sec. 1831 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 90 - PROTECTION OF TRADE SECRETS

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Sec. 1831. Economic espionage

-STATUTE-

(a) In General. - Whoever, intending or knowing that the offense

will benefit any foreign government, foreign instrumentality, or

foreign agent, knowingly -

(1) steals, or without authorization appropriates, takes,

carries away, or conceals, or by fraud, artifice, or deception

obtains a trade secret;

(2) without authorization copies, duplicates, sketches, draws,

photographs, downloads, uploads, alters, destroys, photocopies,

replicates, transmits, delivers, sends, mails, communicates, or

conveys a trade secret;

(3) receives, buys, or possesses a trade secret, knowing the

same to have been stolen or appropriated, obtained, or converted

without authorization;

(4) attempts to commit any offense described in any of

paragraphs (1) through (3); or

(5) conspires with one or more other persons to commit any

offense described in any of paragraphs (1) through (3), and one

or more of such persons do any act to effect the object of the

conspiracy,

shall, except as provided in subsection (b), be fined not more than

$500,000 or imprisoned not more than 15 years, or both.

(b) Organizations. - Any organization that commits any offense

described in subsection (a) shall be fined not more than

$10,000,000.

-SOURCE-

(Added Pub. L. 104-294, title I, Sec. 101(a), Oct. 11, 1996, 110

Stat. 3488.)

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18 USC Sec. 1832 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 90 - PROTECTION OF TRADE SECRETS

-HEAD-

Sec. 1832. Theft of trade secrets

-STATUTE-

(a) Whoever, with intent to convert a trade secret, that is

related to or included in a product that is produced for or placed

in interstate or foreign commerce, to the economic benefit of

anyone other than the owner thereof, and intending or knowing that

the offense will, injure any owner of that trade secret, knowingly

-

(1) steals, or without authorization appropriates, takes,

carries away, or conceals, or by fraud, artifice, or deception

obtains such information;

(2) without authorization copies, duplicates, sketches, draws,

photographs, downloads, uploads, alters, destroys, photocopies,

replicates, transmits, delivers, sends, mails, communicates, or

conveys such information;

(3) receives, buys, or possesses such information, knowing the

same to have been stolen or appropriated, obtained, or converted

without authorization;

(4) attempts to commit any offense described in paragraphs (1)

through (3); or

(5) conspires with one or more other persons to commit any

offense described in paragraphs (1) through (3), and one or more

of such persons do any act to effect the object of the

conspiracy,

shall, except as provided in subsection (b), be fined under this

title or imprisoned not more than 10 years, or both.

(b) Any organization that commits any offense described in

subsection (a) shall be fined not more than $5,000,000.

-SOURCE-

(Added Pub. L. 104-294, title I, Sec. 101(a), Oct. 11, 1996, 110

Stat. 3489.)

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18 USC Sec. 1833 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 90 - PROTECTION OF TRADE SECRETS

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Sec. 1833. Exceptions to prohibitions

-STATUTE-

This chapter does not prohibit -

(1) any otherwise lawful activity conducted by a governmental

entity of the United States, a State, or a political subdivision

of a State; or

(2) the reporting of a suspected violation of law to any

governmental entity of the United States, a State, or a political

subdivision of a State, if such entity has lawful authority with

respect to that violation.

-SOURCE-

(Added Pub. L. 104-294, title I, Sec. 101(a), Oct. 11, 1996, 110

Stat. 3489.)

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18 USC Sec. 1834 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 90 - PROTECTION OF TRADE SECRETS

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Sec. 1834. Criminal forfeiture

-STATUTE-

(a) The court, in imposing sentence on a person for a violation

of this chapter, shall order, in addition to any other sentence

imposed, that the person forfeit to the United States -

(1) any property constituting, or derived from, any proceeds

the person obtained, directly or indirectly, as the result of

such violation; and

(2) any of the person's property used, or intended to be used,

in any manner or part, to commit or facilitate the commission of

such violation, if the court in its discretion so determines,

taking into consideration the nature, scope, and proportionality

of the use of the property in the offense.

(b) Property subject to forfeiture under this section, any

seizure and disposition thereof, and any administrative or judicial

proceeding in relation thereto, shall be governed by section 413 of

the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21

U.S.C. 853), except for subsections (d) and (j) of such section,

which shall not apply to forfeitures under this section.

-SOURCE-

(Added Pub. L. 104-294, title I, Sec. 101(a), Oct. 11, 1996, 110

Stat. 3489.)

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18 USC Sec. 1835 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 90 - PROTECTION OF TRADE SECRETS

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Sec. 1835. Orders to preserve confidentiality

-STATUTE-

In any prosecution or other proceeding under this chapter, the

court shall enter such orders and take such other action as may be

necessary and appropriate to preserve the confidentiality of trade

secrets, consistent with the requirements of the Federal Rules of

Criminal and Civil Procedure, the Federal Rules of Evidence, and

all other applicable laws. An interlocutory appeal by the United

States shall lie from a decision or order of a district court

authorizing or directing the disclosure of any trade secret.

-SOURCE-

(Added Pub. L. 104-294, title I, Sec. 101(a), Oct. 11, 1996, 110

Stat. 3490.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Criminal Procedure, referred to in text, are

set out in the Appendix to this title.

The Federal Rules of Civil Procedure, referred to in text, are

set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

The Federal Rules of Evidence, referred to in text, are set out

in the Appendix to Title 28.

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18 USC Sec. 1836 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 90 - PROTECTION OF TRADE SECRETS

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Sec. 1836. Civil proceedings to enjoin violations

-STATUTE-

(a) The Attorney General may, in a civil action, obtain

appropriate injunctive relief against any violation of this

chapter.

(b) The district courts of the United States shall have exclusive

original jurisdiction of civil actions under this section.

-SOURCE-

(Added Pub. L. 104-294, title I, Sec. 101(a), Oct. 11, 1996, 110

Stat. 3490; amended Pub. L. 107-273, div. B, title IV, Sec.

4002(e)(9), Nov. 2, 2002, 116 Stat. 1810.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273, Sec. 4002(e)(9)(A),

substituted ''this chapter'' for ''this section''.

Subsec. (b). Pub. L. 107-273, Sec. 4002(e)(9)(B), substituted

''this section'' for ''this subsection''.

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18 USC Sec. 1837 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 90 - PROTECTION OF TRADE SECRETS

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Sec. 1837. Applicability to conduct outside the United States

-STATUTE-

This chapter also applies to conduct occurring outside the United

States if -

(1) the offender is a natural person who is a citizen or

permanent resident alien of the United States, or an organization

organized under the laws of the United States or a State or

political subdivision thereof; or

(2) an act in furtherance of the offense was committed in the

United States.

-SOURCE-

(Added Pub. L. 104-294, title I, Sec. 101(a), Oct. 11, 1996, 110

Stat. 3490.)

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18 USC Sec. 1838 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 90 - PROTECTION OF TRADE SECRETS

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Sec. 1838. Construction with other laws

-STATUTE-

This chapter shall not be construed to preempt or displace any

other remedies, whether civil or criminal, provided by United

States Federal, State, commonwealth, possession, or territory law

for the misappropriation of a trade secret, or to affect the

otherwise lawful disclosure of information by any Government

employee under section 552 of title 5 (commonly known as the

Freedom of Information Act).

-SOURCE-

(Added Pub. L. 104-294, title I, Sec. 101(a), Oct. 11, 1996, 110

Stat. 3490.)

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18 USC Sec. 1839 01/06/03

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PART I - CRIMES

CHAPTER 90 - PROTECTION OF TRADE SECRETS

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Sec. 1839. Definitions

-STATUTE-

As used in this chapter -

(1) the term ''foreign instrumentality'' means any agency,

bureau, ministry, component, institution, association, or any

legal, commercial, or business organization, corporation, firm,

or entity that is substantially owned, controlled, sponsored,

commanded, managed, or dominated by a foreign government;

(2) the term ''foreign agent'' means any officer, employee,

proxy, servant, delegate, or representative of a foreign

government;

(3) the term ''trade secret'' means all forms and types of

financial, business, scientific, technical, economic, or

engineering information, including patterns, plans, compilations,

program devices, formulas, designs, prototypes, methods,

techniques, processes, procedures, programs, or codes, whether

tangible or intangible, and whether or how stored, compiled, or

memorialized physically, electronically, graphically,

photographically, or in writing if -

(A) the owner thereof has taken reasonable measures to keep

such information secret; and

(B) the information derives independent economic value,

actual or potential, from not being generally known to, and not

being readily ascertainable through proper means by, the

public; and

(4) the term ''owner'', with respect to a trade secret, means

the person or entity in whom or in which rightful legal or

equitable title to, or license in, the trade secret is reposed.

-SOURCE-

(Added Pub. L. 104-294, title I, Sec. 101(a), Oct. 11, 1996, 110

Stat. 3490.)

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