The Economic Espionage Act of 1996 (EEA) provides for the criminal prosecution of the theft or misappropriation of trade secrets. The statute was enacted to protect and promote national and economic security by filling in gaps under the law which previously allowed this conduct to go unpunished. Congress is presently considering an amendment to the EEA which would establish a federal civil private right of action for the theft of trade secrets.

One key part of the EEA involves foreign economic espionage, which involves the misappropriation of a trade secret with the intent to benefit a foreign government, instrumentality or agent. In the past two decades, some challenging foreign economic espionage cases have been prosecuted involving a diverse range of scientific research, technology and military application trade secrets. This article reviews the 10 cases that have been authorized and prosecuted under the statute.

Originally published in BNA’s Patent, Trademark & Copyright Journal on May 8, 2015.