In order to protect the national and economic interests of the United States, the Economic Espionage Act was enacted in 1996. Although intended to prevent and deter trade secret theft, the EEA is limited to criminal prosecutions. Critical amendments to the EEA are required to create a civil cause of action in the new information-based economy and the international marketplace. In 2008, the author recommended two critical amendments to the Economic Espionage Act that have been vetted and have been the subject of legislative proposals for the past 7 years. The author now revisits developments since 2008 and underscores the urgency and the compelling national and economic interests in amending the Economic Espionage Act of 1996 in the 114th Congress.
R. Mark Halligan, Revisited 2015: Protection of U.S. Trade Secret Assets: Critical Amendments to the Economic Espionage Act of 1996, 14 J. Marshall Rev. Intell. Prop. L. 476 (2015)