The Economic Espionage Act: Key Provisions | Freeman Law
The Economic Espionage Act (EEA), codified in 18 U.S.C. § 1831-1839, makes the theft of or trafficking in trade secrets for foreign governments, instrumentalities, or agents a criminal act. Prior to passing the EEA, the Trade Secrets Act was the only federal statute that directly prohibited economic espionage.[1] The Trade Secrets Act forbids the unauthorized disclosure of confidential government information by government employees but does not, however, apply to private-sector employees.[2] Thus, following a mass sale of trade secrets following the Cold War, the EEA was implemented.[3]
Theft Benefitting a Foreign Government: Codified in Section 1831
The first offense covered by the EEA is addressed by 18 U.S.C. § 1831. Section 1831 addresses “economic espionage” which arises when the theft in question benefits a foreign government, instrumentality, or agent.[4] Economic espionage prosecutions under Section 1831…