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by mikelitoris 38 days ago
I guess Taiwanese lawmakers deemed this law necessary for national security purposes, but this would not fly elsewhere. We already have something to protect trade secrets: it’s called a patent. If you don’t patent it, and a competitor lures an employee with enough knowledge, everything is fair game, as it should be. Aka if you like it you should put a patent on it.

Edit: why would you downvote this? Jeez…

2 comments

These laws exist in every advanced economy.

https://www.law.cornell.edu/uscode/text/18/1832

So basically we have:

(a) Whoever, with intent to convert a trade secret [...]

(1) steals [...];

(2) copies [...];

(3) receives [...];

(4) attempts to commit any offense described in paragraphs (1) through (3); or

(5) conspires [...] to commit any offense described in paragraphs (1) through (3), [...]

shall, except as provided in subsection (b), be fined [...] or imprisoned [...].

(b) Any organization that commits any offense described in subsection (a) shall be fined [...].

So if you're an organization, you can be fined, but if you're not, you could be fined or imprisoned. Is my understanding correct that if an organization commits any offense described in paragraphs (1) through (3), it will ONLY be fined and the individuals that actually did this won't face imprisonment? Or will the organization be fined AND some individuals from that organization also be fined or imprisoned?

To word it another way - I am John. I steal a secret on my own and could be imprisoned. But if I first incorporate into Evil corp and then steal the secret, Evil corp will be fined and I won't be imprisoned.

IANAL, of course.

We have trade secret laws, national security laws as well as patent laws, at least in the US, as do many/most countries.

IMO, the US govt doesn't prosecute violators, especially in terms of foreign spy programs against domestic companies nearly enough.