Obama Administration’s 5-Step Strategy for Combating Trade Secret Theft
The timing of recent cyber attacks, and the suspicions of their Chinese origin, added yet more interest to the administrations recent announcement. The strategy presented by the Obama administration is designed to put an end to, or at least severely limit, the theft of US trade secrets. This strategy has five basic steps:
Stepping up diplomatic efforts
This step involves a few things. Building coalitions with countries that are facing their own cyber threats and threats of trade secrets. Increasing diplomatic efforts and conversation with countries who are most likely to be suspected in trade theft incidents, and working more closely with foreign law enforcement agencies.
Developing best practices
Here the administration plans to work with businesses and countries to develop best practices in the effort to guard against trade secret theft. This effort is to be industry-led, and businesses will be encouraged to share knowledge, information and their best practices with others to help prevent thefts from many directions.
Increasing domestic law enforcement and prosecution.
According to administration officials, the Justice Department has given priority to investigating and prosecuting trade secret theft by foreign governments. The Department of Justice, along with the FBI and parts of the intelligence community, will continue to focus on these efforts.
Strengthening domestic legislation.
Legislation is working its way through Congress that is targeted toward tightening domestic legislation against trade secret theft. As with any legislation, however, votes are not guaranteed, and public pressure is one component of the administrations plan to get stronger legislation passed.
Public education and outreach.
Outreach to the general public, as well as to large and small business entities, may help in many of these matters. The businesses need to be aware both of the new threats of trade secret theft, as well as the new ways of combating it. Educating the general public about the costs and risks of these threats, particularly from foreign entities, may help in preventing minor threats from spreading.
