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Cyber Threats of Trade Secrets

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Cyber Threats of Trade Secrets

In recent years, the issue of cyber theft of trade secrets has become an increasingly important concern for businesses and governments around the world. The growing importance of this issue is due to the growing reliance of businesses on digital information and the increasing sophistication of cyber criminals (Ciuriak & Ptashkina, P. 253).

Purpose: The article seeks to quantify the economic impact of trade secret theft, and to offer policy recommendations for addressing the issue. The article notes that while the economic impact of trade secret theft is difficult to quantify, it is likely to be significant (Ciuriak & Ptashkina, P. 255). The authors suggest that policy measures to address the issue should focus on improving the protection of trade secrets, and on increasing the penalties for those who engage in trade secret theft.

1. What are trade secrets?

Trade secrets are any information that has commercial value and is not generally known to the public. Trade secrets can include anything from customer lists and marketing plans to product designs and manufacturing processes.

A. The problem of cyber theft of trade secrets:

The problem of cyber theft of trade secrets is a growing concern for businesses and governments around the world. The reason for this is that trade secrets are increasingly being stored in digital form, and cyber criminals are becoming more sophisticated in their ability to access and steal this information.

B. The impact of cyber theft of trade secrets:

The impact of cyber theft of trade secrets can be significant for businesses and governments (Basuchoudhary & Searle, P. 400).

a. The loss of trade secrets can lead to:

i. The loss of competitive advantage.

ii. The loss of revenue.

iii. The loss of jobs.

2. What can be done to prevent trade secret theft?

There are a number of steps that businesses and governments can take to prevent trade secret theft. For example, businesses can implement security measures to protect their digital information, and governments can enact laws that make trade secret theft a crime.

A. The policy implications of cyber theft of trade secrets:

The policy implications of cyber theft of trade secrets are significant. The issue of cyber theft of trade secrets raises a number of policy questions, including:

a. How to protect trade secrets.

b. How to investigate and prosecute cases of cyber theft.

c. How to prevent the theft of trade secrets in the first place (Abd Jalil, P. 215).

3. How are trade secrets stolen?

Trade secrets can be stolen in a number of ways. Cyber attacks are a particularly effective way of stealing trade secrets because they can be done remotely and often go undetected.

A. Some of the ways in which trade secrets can be stolen include:

a. The use of email phishing scams. In these scams, cyber criminals send out emails that appear to be from a legitimate source, such as a business or government agency (Basuchoudhary & Searle, P. 470).

b. The use of social engineering. In social engineering scams, cyber criminals will try to trick employees of a company into revealing sensitive information. For example, a cyber criminal may pose as a customer service representative and call an employee of a company.

4. What are the consequences of trade secret theft?

The consequences of trade secret theft can be significant. For example, a company that has its trade secrets stolen may lose its competitive advantage, which can lead to financial losses. In addition, the theft of trade secrets can damage a company's reputation and make it more difficult to do business.

A. The impact of Cyber Theft of Trade Secrets include:

a. It can lead to the loss of competitive advantage for the victim company. If a company's trade secrets are stolen and made public, its competitors will be able to benefit from this information and gain an advantage over the victim company (Ettredge et al., P. 581).

b. Cyber theft of trade secrets can also lead to the loss of customer trust and loyalty. If customers believe that their personal information has been stolen from a company, they may be reluctant to do business with that company in the future.

c. Cyber theft of trade secrets can also lead to financial losses for the victim company. If a company's trade secrets are stolen and used by its competitors, the company may suffer financial losses as a result (Ettredge et al., P. 570).

5. Conclusion:

The issue of trade secret theft is a growing concern for businesses and governments around the world. Trade secrets are valuable because they can give a business a competitive advantage in the marketplace. However, trade secrets can be stolen in a number of ways, including through cyber-attacks, espionage, and theft. The consequences of trade secret theft can be significant, and businesses and governments must take steps to prevent it.

Introduction

Trade secrets are any information that has commercial value and is not generally known to the public. Trade secrets can include anything from customer lists and marketing plans to product designs and manufacturing processes. A trade secret is something that is protected from outside parties. Trade secrets provide the business the capacity to safeguard its creations and obtain a competitive advantage. Theft of trade secrets is the term used to describe the improper sharing of this sort of knowledge. The corporation and its economy can suffer significant harm as a result of trade secret theft. Trade secret theft is a severe offense with far-reaching repercussions. Trade secrets are fiercely guarded and are not open to just anybody. They include highly private trade secrets and other industrial secrets. Anyone has the potential to steal. The workers, multinational corporations, or even other nations.

Key Words: Trade secrets, Cyber Crime, Economy

Problems of Cyber Theft of Trade Secrets

The problem of cyber theft of trade secrets is a growing concern for businesses and governments around the world. The reason for this is that trade secrets are increasingly being stored in digital form, and cyber criminals are becoming more sophisticated in their ability to access and steal this information.

Examples of Trade Secrets

Every business has its own trade secrets, which it only discloses to the appropriate authorities. The examples of trade secrets from some well-known and prosperous corporate organizations provide some fascinating information. The Coca-Cola firm has a proprietary secret recipe that is fiercely guarded. It is securely stored in a vault that was specially constructed in the World of Coca-Cola. Similar to this, the renowned fast-food restaurant KFC uses a secret blend of 11 herbs and spices to create its world-famous Kentucky fried chicken. The manufacturing corporation also protects the privacy of its trade secrets. 

Science and technology firms also keep their research and studies under wraps, in addition to their recipes and production processes. Until the research are validated, they are kept a secret. If they divulge their trade secrets, the company's product will no longer be valuable commercially. In order to escape criticism if their study is unproven, scientists also conduct their studies in secret. The protection of trade secrets is a growing problem for businesses today. It is also a good idea for the businesses to keep quiet about their trade secrets in light of all the continuing operations linked to trade secret theft. Additionally, they have begun to conceal their list of clients and consumers. The business must cherish its clients and consumers. A short check of the case law revealed that there are more than 150 federal court cases where it is alleged that client and customer information is being utilized improperly as trade secrets.

Prevention of Trade Secrets theft

There are a number of steps that businesses and governments can take to prevent trade secret theft. For example, businesses can implement security measures to protect their digital information, and governments can enact laws that make trade secret theft a crime. The policy implications of cyber theft of trade secrets are significant. The issue of cyber theft of trade secrets raises a number of policy questions.

According to surveys, accessing personal information unlawfully frequently results in 50% of employees losing their jobs. The motivations for the workers' international migration are several. There may be some good ones and some bad ones. The business should begin with its personnel in order to secure its trade secrets. Everyone should be made aware of the repercussions of theft when recruiting a new employee. The organization should compile all relevant information about an employee that it suspected of committing theft. the details of his job history, including the projects he worked on, the data he accessed, his relationships with persons outside the organization, etc. The appropriate course of action in such a circumstance is to question the accused employee. The business has access to his works, his actions, and the circumstances that motivated him to take these actions.

The Economic Espionage Act of 1996 was a better method developed by the US government to safeguard trade secrets. Two different types of trade secret theft are proposed by this statute. Theft committed for financial gain and theft committed to boost the foreign economy. The accused might get a fine of up to $250,000 or double the loss the firm suffered, along with a sentence of up to 10 to 15 years in jail. The most current trade secret legislation, passed in 2016, allows the federal government the authority to take action in situations involving the unauthorized licensing of trade secrets. The owner of the business is also empowered by this law to take strong measures to protect trade secrets and other private information from third parties.

Steps of Trade Secret Protection

The most effective line of protection against trade secret theft is having agreements and processes in place. Companies that have developed protection procedures are able to safeguard trade secrets as effectively as feasible. Managing the hazards is another option. When trade secrets are protected, there are some dangers involved. The information pertaining to the materials that the business considers to be trade secrets, as well as the contents themselves, need to be registered. The components might be made of pricy, hefty manufacturers with cutting-edge engineering.

Additionally, the company details must be registered. To keep a watch on the trade secrets, the protection team should be set up. When trade secrets are misappropriated within the organization, building a cross-functional team will aid the business in laying the groundwork for trade secret protection. Important business and economic information that can assist the nation's economy grow may be included in the business information. Similarly, the business must ensure that all workers are aware of the repercussions of stealing trade secrets.

Role of Computers in Theft of Trade Secrets

Trade secret theft is significantly facilitated by computers. A computer protects almost all trade secrets. Anyone who believes they won't be caught stealing from a secured computer is very incorrect. The use of computers has grown with all the new software and programs that have been developed along with new technological advancements. Companies now utilize modern, updated technologies to safeguard their trade secrets. When someone is unaware that his actions are visible, they misappropriate trade secrets. Every day, a computer monitors every movement made by the employee. As a result, computers may be used to quickly find the individual who stole trade secrets.

The first thing a business may do in the event of an employee theft is to look at the employee's computer. His use of computers created a computerized data network, making it possible to simply retrieve the history of his operations. Additionally, if he denies stealing, the computer he used might be considered trustworthy evidence against him in court. It is a truth that computers are used to operate every business, the government, the educational system, and many other aspects of life. The world we live in today would not be conceivable without computers. Therefore, it is shameful to believe that stealing will go undetected when computers are involved.

Abstract

In recent years, the issue of cyber theft of trade secrets has become an increasingly important concern for businesses and governments around the world. The growing importance of this issue is due to the growing reliance of businesses on digital information and the increasing sophistication of cyber criminals. Unimaginable sums of money have been lost as a result of trade secret theft. As a result of theft, many good companies had to close their doors. Every firm uses its own trade secrets to conduct trust-worthy and successful operations. When such secrets are stolen, they are exploited against the firm and cause it to lose money

Reference

Abd Jalil, Juriah, and Halyani Hassan. "Protecting trade secret from theft and corporate espionage: Some legal and administrative measures."  International Journal of Business and Society 21.S1 (2020): 205-218. http://www.ijbs.unimas.my/images/repository/pdf/Vol21-S1-paper15.pdf

Basuchoudhary, Atin, and Nicola Searle. "Snatched secrets: Cybercrime and trade secrets modelling a firm's decision to report a theft of trade secrets."  Computers & Security 87 (2019): 101-591.. https://www.sciencedirect.com/science/article/pii/S0167404819300616

Ciuriak, Dan, and Maria Ptashkina. "Quantifying trade secret theft: policy implications."  CIGI Paper 253 (2021).

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3706511

Ettredge, Michael, Feng Guo, and Yijun Li. "Trade secrets and cyber security breaches."  Journal of Accounting and Public Policy 37.6 (2018): 564-585. https://www.sciencedirect.com/science/article/pii/S0278425418302400

Schmitz, Kassidy. "TRIPing on Trade Secrets: How China's Cybertheft of US Trade Secrets Violated TRIPS."  Am. U. Int'l L. Rev. 36 (2020): 929. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/amuilr36&section=31

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