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Edwin Fraumann - One of the best experts on this subject based on the ideXlab platform.

  • economic espionage security missions redefined
    Public Administration Review, 1997
    Co-Authors: Edwin Fraumann
    Abstract:

    Introduction Throughout history, espionage has generally been viewed as an Activity conducted by spies to obtain the military secrets of an enemy. Some of the most successful and well-known examples of espionage include England's use of spies to uncover the military information that helped to defeat the Spanish Armada in 1588; the use of spies by the Allies during World War 11 to defeat the Axis powers; and the Soviet Union's use of spies to steal atomic bomb secrets from their former allies, the United States and Britain. In the post Cold War era, however, increasing international economic competition has redefined the context for espionage as nations link their national security to their economic security. Spying conducted by Intelligence services is expanding from its primary focus on military secrets to collecting economic secrets, i.e., to conducting economic espionage. The United States is particularly vulnerable to the changing focus of international espionage agencies since so many American corporations and research centers rely heavily on communications systems, computer networks, and electronic equipment to process and to store information. Over 50 countries have covertly tried to obtain advanced technologies from United States industries (U.S. Senate, 1996a). In 1995, the annual cost of economic espionage to corporate America was conservatively estimated to be at least $50 billion. If intellectual property theft and unrestricted technology transfer are included, the estimate rises up to $240 billion (Perry, 1995, 3). A wide range of federal statutes provide the authority for activities that counter economic espionage. These activities are undertaken by at least nine federal agencies, including the FBI, which has the dominant role. However, given the extent of the problem, it was obvious that existing initiatives had not been effective in preventing the theft of economic secrets. In recognition of the growing threat of economic espionage and the inability of existing legislation to deal with it, the Economic Espionage Act of 1996 (18 U.S.C. secs. 1831-1839) was signed into law on October 11, 1996, creating a new federal crime -- the theft of trade secrets. The Department of justice now has sweeping authority to prosecute the theft of trade secrets in the United States. The act, intended to crack down on economic espionage by foreign and domestic competitors, makes it illegal to steal a competitor's "proprietary" economic information and imposes stiff new penalties for these thefts. Section 1831 of the act addresses economic espionage provisions and agents of foreign powers. Section 1832 of the act makes it a federal crime for any person to convert a trade secret to his own benefit or the benefit of others knowing that the offense will injure the owner of the trade secret. Although the problem of economic espionage had become extensive and was the subject of debate in Congress, few people outside of those fighting it and those affected by it were aware of its scope and impact. This article attempts to close this information gap by providing a working definition of economic espionage and trade secrets, describing the methods that are used to obtain trade secrets from American corporations and research centers, and summarizing the technological capabilities of selected countries to conduct economic espionage against the United States. The article also addresses public-sector initiatives in the United States to protect its economic interests. Economic Espionage: What Are We Talking About? According to the FBI, "economic espionage means foreign-power sponsored or coordinated Intelligence Activity directed at the U.S. Government or U.S. corporations, establishments, or persons for the purpose of unlawfully obtaining proprietary economic information" (FBI, 1995, 2). In Section 1839 of the Economic Espionage Act of 1996 "trade secret" is defined to mean all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, 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. …

Vassilis Zacharis - One of the best experts on this subject based on the ideXlab platform.

  • competitive Intelligence Activity evidence from greece
    Marketing Intelligence & Planning, 2005
    Co-Authors: Constantinosvasilios Priporas, Lampros Gatsoris, Vassilis Zacharis
    Abstract:

    Purpose – To investigate awareness, attitudes and implementation with respect to competitive Intelligence (CI) in Greece.Design/methodology/approach – In‐depth interviews with a sample of 50 well‐known companies around Thessaloniki, an area of strategic marketing importance in Greece, representing a reasonable cross section of types and sizes of enterprise.Findings – For the present, adoption in Greece is well behind the USA, but roughly on a par with the UK. The reasons for slow adoption are: unawareness, lack of sufficiently competent staff and a shortage of experts available to train them, perceptions of the cost, and somewhat complacent satisfaction with the general market research Activity of in‐house marketing departments. The focus is on short‐term customer satisfaction, rather than long‐term competitiveness.Research limitations/implications – A deliberately limited exploratory study of a small sample in a highly localised setting. Recommendations are presented for further research.Practical implic...

Robert Phaal - One of the best experts on this subject based on the ideXlab platform.

  • directing the technology Intelligence Activity an information needs template for initiating the search
    Technological Forecasting and Social Change, 2018
    Co-Authors: Clive Kerr, Robert Phaal
    Abstract:

    Abstract In technology-intensive sectors, strategic planning requires relevant and timely information about new/emerging technologies – this is a critical input. Therefore, technology Intelligence activities should be directed to capture and deliver pertinent technological information. However, there is a distinct lack of tools for helping organizations to determine what constitutes useful/appropriate information for their needs. To address this issue, an ‘information needs’ template has been developed to support the process of eliciting and articulating meaningful search queries to guide those who will conduct and provide the necessary Intelligence. The use of the template also acts as a means of priming the technology Intelligence as it identifies and points to potentially useful sources of knowledge. It covers the spectrum of sources from leveraging internal information, through spanning organizational boundaries to access external sources across the specific industry and neighboring industries, to more distant fields of knowledge. Additionally, the template has sections for distinguishing ‘who to watch’ versus ‘who to talk to’. The deployment of the template can be integrated with roadmapping, using the roadmap landscape to feed hotspots/themes/gaps/white spaces into the template, which are then unpacked to determine the information needs of the organization.

Rosicki Remigiusz - One of the best experts on this subject based on the ideXlab platform.

  • Information security as exemplified by the crime of espionage in the Polish and Swedish criminal law
    Instytut Nauk Politycznych Uniwersytetu Warszawskiego, 2018
    Co-Authors: Rosicki Remigiusz
    Abstract:

    The objective scope of the analysis presented in the text concerns a selection of legal ,,regulations penalising the crime of espionage. The main objective of the text is to present selected substantive penal aspects of the crime of espionage in accordance with the legal regulations in Poland and Sweden. The comparative analysis places greater emphasis on the Polish legal solutions. The text poses the following research questions, which have been associated with specific conclusions: (1) To what degree do the legal solutions concerned with the penalisation of the crime of espionage provide effective prosecution and combating of this type of crime? It should be noted that the content of Art. 130, which penalises the crime of espionage in the Polish Criminal Code, raises doubts on account of interpretation and effective combating of espionage incidents directed against the Republic of Poland. The main interpretative problems include: (1) the Polish legislator’s use of the term “Intelligence,” which narrows the acts of espionage down to Activity for the benefit of a specified subject, (2) the Polish legislator’s use of the wording “against the Republic of Poland,” which makes it difficult to prosecute spying Activity not displaying any action aimed directly against the Republic of Poland or third states, (3) the Polish legislator’s use of the wording qualifying information “the transfer of which may be detrimental to the Republic of Poland,” which gives rise to a high degree of subjectivity while assessing damage, (4) the adoption in the interpretative doctrine of the attribute of “declaring a readiness to work for the benefit of a foreign Intelligence service” as specification of the attributes of criminal preparation – “establishing communication,” which results in the necessity to prove the response/acceptance of the proposal on the part of a foreign Intelligence service. All these descriptive and evaluative attributes may hamper effective prosecution and combating of espionage. (2) What changes in the scope of legal solutions penalising the acts of espionage can be proposed? With regard to the performed analysis of the main attributes of the crime of espionage in its basic, autonomous and privileged forms in the Polish criminal regulations, and with regard to the comparative analysis of the Swedish criminal regulations, it should be concluded that: (1) the regulations penalising acts of espionage and acts directed against information protection (including acts termed “cyberterrorism”) need to be amended, (2) there is a need for systemic solutions as regards acts aimed against the state and information protection, (3) it is necessary to replace the attribute of “a foreign Intelligence service” with the attribute of “a foreign state” or “a foreign authority,” i.e. it is necessary to introduce a solution that features in the Swedish, Serb and Croatian regulations, (4) it is necessary to change the privileged form as regards the extension of criminal liability to cover various forms of preparation for the crime of espionage, (5) it is necessary to change the privileged form of the crime of espionage as regards the attribute of “declaring a readiness to work for the benefit of a foreign Intelligence service” so as to eliminate the doctrinal interpretation of the current legal solution, (6) it is necessary to introduce regulations penalising the very fact of declaring a readiness to act for the benefit of a foreign state against the Republic of Poland, (7) it is worth considering minimizing the significance of the term ‘damage’ in favour of case-law definition of a kind of information as the object of a crime, (8) following the solutions in the Swedish regulations, it is worth considering introducing specified forms of the crime of espionage in view of the violation of caution principles, although this might result in too high a degree of legislative restrictiveness, (9) following the solutions included in the Swedish regulations, it is worth considering introducing penalisation of various forms of Intelligence Activity as opposed to the crime of capital espionage, (10) following the solutions included in the Swedish regulations, it is worth introducing penalisation of various forms of foreign support, whereby acts which might be termed illegal financial assistance, illegal support for agents of influence, or illegal activities concerned with exerting influence on public opinion as regards matters of major relevance for the state.The objective scope of the analysis contained in the text concerns legal solutions to penalisation of the crime of espionage with regard to information security. As the main goal, the text performs an analysis of the crime of espionage in the Polish substantive penal regulations, including a comparative analysis of corresponding Swedish substantive penal regulations. In order to elaborate the research problem, the text addresses the following research questions: (1) To what degree do the legal solutions concerned with the penalisation of the crime of espionage provide effective prosecution and combating of this type of crime? (2) What changes in the scope of legal solutions penalising the acts of espionage can be proposed? While the analysis contained in the text is for the most part a dogmatic and doctrinal approach, a comparative interpretation (with regard to substantive penal regulations penalising the crime of espionage in Poland and Sweden), as well as teleological and functional interpretations (with a view to reinterpreting selected, established or debated doctrinal approaches) are also applied

Bratuž Gorazd - One of the best experts on this subject based on the ideXlab platform.

  • LEGAL ASPECT OF Intelligence IN THE ECONOMIC FIELD
    G. Bratuž, 2012
    Co-Authors: Bratuž Gorazd
    Abstract:

    Obveščevalna dejavnost je v zadnjih letih doživela temeljito preobrazbo, saj ni več dostopna le državnim aparatom, temveč njena znanja izkoriščajo širše množice zunaj tega aparata. V dobi informacijske tehnologije in vse močnejše globalizacije se je obveščevalna dejavnost pojavila tudi na ekonomskem področju. Diplomsko delo obravnava del pravne ureditve obveščevalne dejavnosti na gospodarskem področju. Obravnava gospodarsko vohunstvo, ki je močno povezano s poslovnimi skrivnostmi. Tistega, ki izvaja gospodarsko vohunstvo zanimajo podatki, ki so poslovna skrivnost. Takšni podatki pomenijo za podjetje, ki z drugimi podjetji tekmuje na trgu primerjalno prednost in so zato izpostavljeni tveganju, da si jih bodo konkurenčna podjetja hotela prilastiti. V prvem delu diplomskega dela obravnavamo pojme, ki so temeljni za razumevanje področja gospodarskega vohunstva in poslovne skrivnosti. V drugem delu je obravnavana normativna ureditev poslovne skrivnosti v slovenskem pravnem prostoru. Obravnavana je ureditev od Ustave Republike Slovenije do najpomembnejših področnih zakonov, ki so na gospodarskem, kazenskem, civilnem in upravnem področju. Temeljni zakon, ki ureja področje poslovnih skrivnosti je Zakon o gospodarskih družbah. Pri posameznem zakonu smo poskušali izpostaviti slabosti ureditve, predlagani so tudi ukrepi, s katerimi naj podjetje preprečuje gospodarsko vohunstvo in kako naj ravna podjetje, ko je že bilo žrtev gospodarskega vohunstva in izdaje poslovnih skrivnosti.The Intelligence Activity has gone through a thorough transformation in recent years since it is no longer only available to the government but also to wider public outside the state frame. In the information technology era and with the growing globalization, the Intelligence has appeared in the economic field as well. The following thesis deals with the part of legal regulation of Intelligence in economic area. It deals with the economic espionage, which is strongly connected with trade secrets. People that perform economic espionage are interested in data which are a trade secret. Such data are a comparative advantage to a company that competes with other companies in the global market and is thus exposed to the risk of getting owned by other competitive companies. The first part of the thesis deals with concepts that are fundamental for understanding the field of economic espionage and trade secrets. The second part of the thesis deals with the normative regulation of trade secret in the Slovenian legal space. It covers the regulation from the Constitution of the Republic of Slovenia to the most significant sectoral laws in the economic, criminal, civil and administration field. The basic law that regulates the field of trade secrets is the Companies Act. We have tried to highlight the weaknesses in regulation within each individual law. We have also put forward the measures which help companies prevent economic espionage and we have suggested how the companies should react once they have already been a victim of economic espionage and trade secret theft