View all text of Chapter 35 [§ 1701 - § 1709]
§ 1708. Actions to address economic or industrial espionage in cyberspace
(a) Report required
(1) In generalNot later than 180 days after December 19, 2014, and annually thereafter through 2020, the President shall submit to the appropriate congressional committees a report on foreign economic and industrial espionage in cyberspace during the 12-month period preceding the submission of the report that—
(A) identifies—
(i) foreign countries that engage in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons;
(ii) foreign countries identified under clause (i) that the President determines engage in the most egregious economic or industrial espionage in cyberspace with respect to such trade secrets or proprietary information (to be known as “priority foreign countries”);
(iii) categories of technologies or proprietary information developed by United States persons that—(I) are targeted for economic or industrial espionage in cyberspace; and(II) to the extent practicable, have been appropriated through such espionage;
(iv) articles manufactured or otherwise produced using technologies or proprietary information described in clause (iii)(II); and
(v) to the extent practicable, services provided using such technologies or proprietary information;
(B) describes the economic or industrial espionage engaged in by the foreign countries identified under clauses (i) and (ii) of subparagraph (A); and
(C) describes—
(i) actions taken by the President to decrease the prevalence of economic or industrial espionage in cyberspace; and
(ii) the progress made in decreasing the prevalence of such espionage.
(2) Determination of foreign countries engaging in economic or industrial espionage in cyberspaceFor purposes of clauses (i) and (ii) of paragraph (1)(A), the President shall identify a foreign country as a foreign country that engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons if the government of the foreign country—
(A) engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; or
(B) facilitates, supports, fails to prosecute, or otherwise permits such espionage by—
(i) individuals who are citizens or residents of the foreign country; or
(ii) entities that are organized under the laws of the foreign country or are otherwise subject to the jurisdiction of the government of the foreign country.
(3) Form of report
(b) Imposition of sanctions
(1) In general
(2) Persons described
(3) Exception
(4) Implementation; penalties
(A) Implementation
(B) Penalties
(c) Rule of construction
(d) DefinitionsIn this section:
(1) Appropriate congressional committeesThe term “appropriate congressional committees” means—
(A) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee on Energy and Commerce, the Committee on Homeland Security, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) CyberspaceThe term “cyberspace”—
(A) means the interdependent network of information technology infrastructures; and
(B) includes the Internet, telecommunications networks, computer systems, and embedded processors and controllers.
(3) Economic or industrial espionageThe term “economic or industrial espionage” means—
(A) stealing a trade secret or proprietary information or appropriating, taking, carrying away, or concealing, or by fraud, artifice, or deception obtaining, a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information;
(B) copying, duplicating, downloading, uploading, destroying, transmitting, delivering, sending, communicating, or conveying a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; or
(C) knowingly receiving, buying, or possessing a trade secret or proprietary information that has been stolen or appropriated, obtained, or converted without the authorization of the owner of the trade secret or proprietary information.
(4) Knowingly
(5) Own
(6) Person
(7) Proprietary informationThe term “proprietary information” means competitive bid preparations, negotiating strategies, executive emails, internal financial data, strategic business plans, technical designs, manufacturing processes, source code, data derived from research and development investments, and other commercially valuable information that a person has developed or obtained if—
(A) the person has taken reasonable measures to keep the information confidential; and
(B) the information is not generally known or readily ascertainable through proper means by the public.
(8) Technology
(9) Trade secret
(10) United States personThe term “United States person” means—
(A) an individual who is a citizen or resident of the United States;
(B) an entity organized under the laws of the United States or any jurisdiction within the United States; or
(C) a person located in the United States.
(Pub. L. 113–291, div. A, title XVI, § 1637, Dec. 19, 2014, 128 Stat. 3644.)