Trade Secrets

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Protecting Trade Secrets With the expansion of technology over the past several decades, the availability of the internet as well as our reliance on it, and emerging powers such as China and India, trade secrets become more valuable and harder to protect. Whether it’s computer hacking a corporation’s network, a military mainframe, or spying for another country, also called espionage, it takes a wide array security measure to protect information from leaking or being stolen by our advisories. These security measures fall with the realm of IT, background investigations, and facility security. It is obvious, given past espionage events; these procedures are not always effective. Trade secrets, by definition, is considered to be a formula, practice, process, design, instrument, or compilation of information, hardware, technology, or some other means of proprietary information which is not generally known by the public or outside of the entity that protects. A trade secret gives a business the ability to obtain an economic advantage over competitors or customers. In some legal jurisdictions (states), these secrets are referred to as "confidential information", and are generally not referred to as "classified information" in the United States, as “classified information” refers to government secrets protected by a different set of laws and practices. Although, it is very important to note that the government, but more specifically the military and NASA have issues with protecting trade secrets. Both the United States military and NASA have been and continue to be targets of cyber hacks from nation states. Emerging super powers such as China and India, among others, attempt to hack into protected systems to steal trade secrets. Understanding that a trade secret under U.S. law is defined under 18 U.S.C. § 1839 (3) (A), (B) (1996), has three parts: (1)…...

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