Thursday, July 16, 2009

§ 1832. Theft of trade secrets




http://www.cswap.com/1996/Independence_Day/cap/en/2_Parts/a/00_44

Independence Day


:45:10
I know why we have satellite disruption.

:45:15
All right. Go ahead.

:45:21
Let's say that you wanted to coordinate with
spaceships on different sides ofthe Earth.

:45:26
They couldn't send a direct signal, right?

:45:29
- You mean line of sight?
- Right. The curve of the Earth prevents it.

:45:33
You'd need satellites to relay that signal
in order to reach each ship.

:45:38
Well, I found a signal hidden
inside our own satellite system.

:45:46
Excuse me, Mr President. They're starting.

:45:52
They're using our own satellites against us.

:45:58
The clock is ticking.










http://en.wikipedia.org/wiki/Economic_Espionage_Act

Economic Espionage Act of 1996

The Economic Espionage Act of 1996 (18 U.S.C. § 1831–1839) makes the theft or misappropriation of a trade secret a federal crime. Unlike Espionage, which is governed by Title 18 U.S. Code Sections 792 - 799, the offense involves commercial information, not classified or national defense information.

This law contains two sections criminalizing two sorts of activity. The first, 18 U.S.C. § 1831(a), criminalizes the misappropriation of trade secrets (including conspiracy to misappropriate trade secrets and the subsequent acquisition of such misappropriated trade secrets) with the knowledge or intent that the theft will benefit a foreign power. Penalties for violation are fines of up to US$500,000 per offense and imprisonment of up to 15 years for individuals, and fines of up to US$10 million for organizations,

The second section, 18 U.S.C. § 1832, criminalizes the misappropriation of trade secrets related to or included in a product that is produced for or placed in interstate (including international) commerce, with the knowledge or intent that the misappropriation will injure the owner of the trade secret. Penalties for violation of section 1832 are imprisonment for up to 10 years for individuals (no fines) and fines of up to US$5 million for organizations.

In addition to these specific penalties, section 1834 of the EEA also requires criminal forfeiture of (1) any proceeds of the crime and property derived from proceeds of the crime and (2) any property used, or intended to be used, in commission of the crime.










http://www.law.cornell.edu/uscode/18/usc_sec_18_00001832----000-.html

U.S. Code

TITLE 18 > PART I > CHAPTER 90 > § 1832

§ 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,










[ Racketeering Mob Organization and International Terrorist Organization that is Microsoft-Corbis actively instigates insurrection and subversive activity against the U.S. federal government with all Racketeering Mob Organization and International Terrorist Organization that is Microsoft-Corbis partners employees lawyers managers of any capacity as criminal accomplices and that are active unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States that actively make it impracticable to enforce the laws of the United States in the United States and in the Severely Treasonous and Criminally Rebellious State of Washington by the ordinary course of judicial proceedings ]


http://assembler.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001343----000-.html

TITLE 18 > PART I > CHAPTER 63 > § 1343

§ 1343. Fraud by wire, radio, or television

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.



http://dictionary.law.com/default2.Asp?selected=741&bold

felony murder doctrine

a rule of criminal statutes that any death which occurs during the commission of a felony is first degree murder, and all participants in that felony or attempted felony can be charged with and found guilty of murder. A typical example is a robbery involving more than one criminal, in which one of them shoots, beats to death or runs over a store clerk, killing the clerk. Even if the death were accidental, all of the participants can be found guilty of felony murder, including those who did no harm, had no gun, and/or did not intend to hurt anyone.



http://en.wikipedia.org/wiki/Felony_Murder_Doctrine

Felony Murder Doctrine

The felony murder rule is a legal doctrine current in some common law countries that broadens the crime of murder in two ways. First, when a victim dies accidentally or without specific intent in the course of an applicable felony, it increases what might have been manslaughter (or even a simple tort) to murder. Second, it makes any participant in such a felony criminally responsible for any deaths that occur during or in furtherance of that felony.










http://en.wikipedia.org/wiki/Racket_(crime)

Racket (crime)

A racket is an illegal business, usually run as part of organized crime. Engaging in a racket is called racketeering.

Several forms of racket exist. The best-known is the protection racket, in which criminals demand money from businesses in exchange for the service of "protection" against crimes that the racketeers themselves instigate if unpaid (see extortion). A second well known example is the numbers racket, a form of illegal lottery.

Traditionally, the word racket to describe a business is based on the example of the "protection racket" and indicates that the speaker believes that the business is making money by selling a solution to a problem that it created (or that it intentionally allows to continue to exist), specifically so that continuous purchases of the solution are always needed. Example: in a protection racket, a representative from the racket informs a storeowner that a fee of X dollars will be required every month for protection money, though the "protection" that is provided comes in the form of the racket itself not causing damage to the store or its employees.










http://www.usdoj.gov/criminal/cybercrime/genoveseCharge.htm

[ THE US DOJ/FBI HAS BEEN THOROUGHLY INFILTRATED BY AND REMAINS UNDER THE CONTROL OF THE ANTI-AMERICAN AND INTERNATIONAL TERRORIST ORGANIZATION MICROSOFT-CORBIS-AL QAEDA. AS LAWFUL SUPERIOR AND FINAL AUTHORITY I HAVE ORDERED FELONY INDICTMENTS AGAINST ALL U.S. DOJ/FBI EMPLOYEES STAFF PARTNERS LAWYERS MANAGERS OF ANY CAPACITY. ]

According to a criminal Complaint unsealed today, on or about February 12, 2004, Microsoft learned that significant portions of the source code for both Windows NT 4.0 and Windows 2000 – which Microsoft considers the "crown jewels" of the company – were misappropriated (the "Stolen Source Code") and unlawfully released onto, and distributed over, the Internet without its authorization. That same day, according to the Complaint, GENOVESE posted a message on his Web site, "illmob.org," which announced that he had obtained a copy of the Stolen Source Code and was offering it for sale.










http://en.wikipedia.org/wiki/Civil_war

Civil war

A civil war is a war in which parties within the same culture, society or nationality fight against each other for the control of political power.

Some civil wars are categorized as revolutions when major societal restructuring is a possible outcome of the conflict. An insurgency, whether successful or not, is likely to be classified as a civil war by some historians if, and only if, organized armies fight conventional battles. Other historians state the criterion for a civil war is that there must be prolonged violence between organized factions or defined regions of a country (conventionally fought or not).[citation needed]


The unsuccessful insurgency of the 1860s by southern U.S. states against the federal government backed by Northern states, which also featured organized armies fighting battles, came to be known as the American Civil War. While hostilities were still ongoing, most Confederates preferred to call the conflict the Second American Revolution or something very similar. In the United States, and in American-dominated sources, this war is the default "Civil War," with other civil wars noted or inferred from context.