Home > 104th Congressional Public Laws > Pub.L. 104-295 To make technical corrections and miscellaneous amendments to trade ...Pub.L. 104-295 To make technical corrections and miscellaneous amendments to trade ...
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ECONOMIC ESPIONAGE ACT OF 1996
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Public Law 104-294
104th Congress
An Act
To amend title 18, United States Code, to protect proprietary economic
information, and for other purposes. <<NOTE: Oct. 11, 1996 - [H.R.
3723]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Economic Espionage Act of
1996.>> assembled,
SECTION 1. <<NOTE: 18 USC 1 note.>> SHORT TITLE.
This Act may be cited as the ``Economic Espionage Act of 1996''.
TITLE I--PROTECTION OF TRADE SECRETS
SEC. 101. PROTECTION OF TRADE SECRETS.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 89 the following:
``CHAPTER 90--PROTECTION OF TRADE SECRETS
``Sec.
``1831. Economic espionage.
``1832. Theft of trade secrets.
``1833. Exceptions to prohibitions.
``1834. Criminal forfeiture.
``1835. Orders to preserve confidentiality.
``1836. Civil proceedings to enjoin violations.
``1837. Conduct outside the United States.
``1838. Construction with other laws.
``1839. Definitions.
``Sec. 1831. Economic espionage
``(a) In General.--Whoever, intending or knowing that the offense
will benefit any foreign government, foreign instrumentality, or foreign
agent, knowingly--
``(1) steals, or without authorization appropriates, takes,
carries away, or conceals, or by fraud, artifice, or deception
obtains a trade secret;
``(2) without authorization copies, duplicates, sketches,
draws, photographs, downloads, uploads, alters, destroys,
photocopies, replicates, transmits, delivers, sends, mails,
communicates, or conveys a trade secret;
``(3) receives, buys, or possesses a trade secret, knowing
the same to have been stolen or appropriated, obtained, or
converted without authorization;
``(4) attempts to commit any offense described in any of
paragraphs (1) through (3); or
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``(5) conspires with one or more other persons to commit any
offense described in any of paragraphs (1) through (3), and one
or more of such persons do any act to effect the object of the
conspiracy,
shall, except as provided in subsection (b), be fined not more than
$500,000 or imprisoned not more than 15 years, or both.
``(b) Organizations.--Any organization that commits any offense
described in subsection (a) shall be fined not more than $10,000,000.
``Sec. 1832. Theft of trade secrets
``(a) Whoever, with intent to convert a trade secret, that is
related to or included in a product that is produced for or placed in
interstate or foreign commerce, to the economic benefit of anyone other
than the owner thereof, and intending or knowing that the offense will,
injure any owner of that trade secret, knowingly--
``(1) steals, or without authorization appropriates, takes,
carries away, or conceals, or by fraud, artifice, or deception
obtains such information;
``(2) without authorization copies, duplicates, sketches,
draws, photographs, downloads, uploads, alters, destroys,
photocopies, replicates, transmits, delivers, sends, mails,
communicates, or conveys such information;
``(3) receives, buys, or possesses such information, knowing
the same to have been stolen or appropriated, obtained, or
converted without authorization;
``(4) attempts to commit any offense described in paragraphs
(1) through (3); or
``(5) conspires with one or more other persons to commit any
offense described in paragraphs (1) through (3), and one or more
of such persons do any act to effect the object of the
conspiracy,
shall, except as provided in subsection (b), be fined under this title
or imprisoned not more than 10 years, or both.
``(b) Any organization that commits any offense described in
subsection (a) shall be fined not more than $5,000,000.
``Sec. 1833. Exceptions to prohibitions
``This chapter does not prohibit--
``(1) any otherwise lawful activity conducted by a
governmental entity of the United States, a State, or a
political subdivision of a State; or
``(2) the reporting of a suspected violation of law to any
governmental entity of the United States, a State, or a
political subdivision of a State, if such entity has lawful
authority with respect to that violation.
``Sec. 1834. Criminal forfeiture
``(a) The court, in imposing sentence on a person for a violation of
this chapter, shall order, in addition to any other sentence imposed,
that the person forfeit to the United States--
``(1) any property constituting, or derived from, any
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
``(2) any of the person's property used, or intended to be
used, in any manner or part, to commit or facilitate the
commission of such violation, if the court in its discretion so
determines,
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taking into consideration the nature, scope, and proportionality
of the use of the property in the offense.
``(b) Property subject to forfeiture under this section, any seizure
and disposition thereof, and any administrative or judicial proceeding
in relation thereto, shall be governed by section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C.
853), except for subsections (d) and (j) of such section, which shall
not apply to forfeitures under this section.
``Sec. 1835. Orders to preserve confidentiality
``In any prosecution or other proceeding under this chapter, the
court shall enter such orders and take such other action as may be
necessary and appropriate to preserve the confidentiality of trade
secrets, consistent with the requirements of the Federal Rules of
Criminal and Civil Procedure, the Federal Rules of Evidence, and all
other applicable laws. An interlocutory appeal by the United States
shall lie from a decision or order of a district court authorizing or
directing the disclosure of any trade secret.
``Sec. 1836. Civil proceedings to enjoin violations
``(a) The Attorney General may, in a civil action, obtain
appropriate injunctive relief against any violation of this section.
``(b) The district courts of the United States shall have exclusive
original jurisdiction of civil actions under this subsection.
``Sec. 1837. Applicability to conduct outside the United States
This chapter also applies to conduct occurring outside the United
States if--
``(1) the offender is a natural person who is a citizen or
permanent resident alien of the United States, or an
organization organized under the laws of the United States or a
State or political subdivision thereof; or
``(2) an act in furtherance of the offense was committed in
the United States.
``Sec. 1838. Construction with other laws
``This chapter shall not be construed to preempt or displace any
other remedies, whether civil or criminal, provided by United States
Federal, State, commonwealth, possession, or territory law for the
misappropriation of a trade secret, or to affect the otherwise lawful
disclosure of information by any Government employee under section 552
of title 5 (commonly known as the Freedom of Information Act).
``Sec. 1839. Definitions
``As used in this chapter--
``(1) the term `foreign instrumentality' means any agency,
bureau, ministry, component, institution, association, or any
legal, commercial, or business organization, corporation, firm,
or entity that is substantially owned, controlled, sponsored,
commanded, managed, or dominated by a foreign government;
``(2) the term `foreign agent' means any officer, employee,
proxy, servant, delegate, or representative of a foreign
government;
``(3) the term `trade secret' means all forms and types of
financial, business, scientific, technical, economic, or
engineering information, including patterns, plans, compila
[[Page 110 STAT. 3491]]
tions, program devices, formulas, designs, prototypes, methods,
techniques, processes, procedures, programs, or codes, whether
tangible or intangible, and whether or how stored, compiled, or
memorialized physically, electronically, graphically,
photographically, or in writing if--
``(A) the owner thereof has taken reasonable
measures to keep such information secret; and
``(B) the information derives independent economic
value, actual or potential, from not being generally
known to, and not being readily ascertainable through
proper means by, the public; and
``(4) the term `owner', with respect to a trade secret,
means the person or entity in whom or in which rightful legal or
equitable title to, or license in, the trade secret is
reposed.''.
(b) Clerical Amendment.--The table of chapters at the beginning part
I of title 18, United States Code, is amended by inserting after the
item relating to chapter 89 the following:
``90. Protection of trade secrets................................1831''.
(c) Reports.--Not <<NOTE: 42 USC 10604 note.>> later than 2 years
and 4 years after the date of the enactment of this Act, the Attorney
General shall report to Congress on the amounts received and distributed
from fines for offenses under this chapter deposited in the Crime
Victims Fund established by section 1402 of the Victims of Crime Act of
1984 (42 U.S.C. 10601).
SEC. 102. WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS.
Section 2516(1)(c) of title 18, United States Code, is amended by
inserting ``chapter 90 (relating to protection of trade secrets),''
after ``chapter 37 (relating to espionage),''.
TITLE II--NATIONAL INFORMATION
INFRASTRUCTURE PROTECTION ACT OF 1996
SEC. 201. COMPUTER CRIME.
Section 1030 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``knowingly accesses'' and
inserting ``having knowingly accessed'';
(ii) by striking ``exceeds'' and inserting
``exceeding'';
(iii) by striking ``obtains information'' and
inserting ``having obtained information'';
(iv) by striking ``the intent or'';
(v) by striking ``is to be used'' and
inserting ``could be used''; and
(vi) by inserting before the semicolon at the
end the following: ``willfully communicates,
delivers, transmits, or causes to be communicated,
delivered, or transmitted, or attempts to
communicate, deliver, transmit or cause to be
communicated, delivered, or transmitted the same
to any person not entitled to receive it, or
willfully retains the same and fails to
[[Page 110 STAT. 3492]]
deliver it to the officer or employee of the
United States entitled to receive it'';
(B) in paragraph (2)--
(i) by striking ``obtains information'' and
inserting ``obtains--
``(A) information''; and
(ii) by adding at the end the following new
subparagraphs:
``(B) information from any department or agency of
the United States; or
``(C) information from any protected computer if the
conduct involved an interstate or foreign
communication;'';
(C) in paragraph (3)--
(i) by inserting ``nonpublic'' before
``computer of a department or agency'';
(ii) by striking ``adversely''; and
(iii) by striking ``the use of the
Government's operation of such computer'' and
inserting ``that use by or for the Government of
the United States'';
(D) in paragraph (4)--
(i) by striking ``Federal interest'' and
inserting ``protected''; and
(ii) by inserting before the semicolon the
following: ``and the value of such use is not more
than $5,000 in any 1-year period'';
(E) by striking paragraph (5) and inserting the
following:
``(5)(A) knowingly causes the transmission of a program,
information, code, or command, and as a result of such conduct,
intentionally causes damage without authorization, to a
protected computer;
``(B) intentionally accesses a protected computer without
authorization, and as a result of such conduct, recklessly
causes damage; or
``(C) intentionally accesses a protected computer without
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