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Saturday, 07.31.2010 |
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| Commercial Espionage |
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Product Details
Notes
FBI considers economic espionage to be a top security threat from foreign agents
National Critical Technologies List (NCTL) - companies that may be targets
proprietary information is not just technology, chemical formulas, or research
it can also include business plans, marketing plans, customer lists, pricing
also things like accounting methods, investment decisions, acquisition reports
National Counterintelligence Center (NCC) established in 1994
more than half the candidates for U.S. engineering PhD degrees are foreigners
foreign spies are less than 10% of the thefts, most are by competing companies
brain raid - hiring employees away from a target company
fake possible purchase of a company, or fake a big purchase order to get info
fake headhunters who interview employees of a target company
take apart trade show exhibits overnight to reverse engineer new products
steal information or materials during a tour of a company's facilities
tempest - picking up the radio signals from computer and electronic equipment
outsider submits an unsolicited idea, the company has to reveal its similar idea
Freedom of Information Act (FOIA) can reveal information from the government
consultants can work for many companies and pass information to competitors
it's legal to take apart a commercially available product and reverse engineer it
job advertisements can reveal new directions for a company that needs skills
patents can reveal concepts, and can be invalidated through re-examination
shareholders' meetings may reveal secret intentions of the management team
customs brokers can be bribed to get knowledge on imports and exports
annual reports, financial statements, 10-K and 10-Q reports for corporations
surveillance of key executives including eavesdropping on meetings and travel
high tech surveillance through satellite photos, zoom lens cameras and video
ACCESS - European Patent Office database of patents and patentees
LEXIS-NEXIS - case law, reports, statutes, articles
WESTLAW - court decisions, federal and state statutes
U.S. PTO - patents, trademarks, patentees, patent assignees
a huge corporation could actually buy a bank, and then gain all financial data
it is legal in some states to gather information from discarded trash
third world countries might not have trade secret protection laws or espionage laws
it's legal to profit from insider info overheard in a bathroom
cleaning personnel and interpreters can gain information for a competitor
Economic Counterintelligence Program initiated in 1994
damage a competitor's reputation by releasing bad counterfeit products
some companies with their own CI units - Motorola, FMC Corp, Sundstrand
check employees to see who might be a target, like if they have financial trouble
for short term communications, use disappearing ink and dissolving paper
biometrics - fingerprint, palm, wrist vein, retinal, signature, gait, voice, etc.
photos taken by employees of an office party might capture documents
mapmakers often put the names of non-existent small towns to prove copying
negotiation rule - never volunteer unrequested and needless information
proprietary information - blueprints, prototypes, software, field test data, methods
customer list, economic forecast, agreement expiration date, marketing plans
acquisitions, product delivery schedules, business equipment, suppliers
salaries, team members, performance evaluations, promotions, background data
product costs, profits, pricing, discounts, budgets, supplier prices, distribution
most common defense is that there was no secret because it wasn't identified
memos on classified info should be sent to attorneys so attorney-client privilege
facts from a copyrighted book can be used but the book pages can't be copied
an employee, executive, or information courier can have their laptop stolen
hijackers prefer planes with fewer passengers and usually take aisle passengers
keep proprietary information documents with you, not in checked luggage
Sanyo paid $2 million ransom for the release of the kidnapped president in 1996
safe deposit boxes in foreign hotels are reviewed by foreign intelligence services
for self-defense, your mental state is more important than your physical strength
ask the kidnapper a question, then strike while he's answering, or distract him
Economic Espionage Act of 1996
foreign companies can be fined up to $10 million, individuals up to $500,000
U.S. companies can be fined up to $5 million, individuals up to 10 years in prison
Uruguay Rounds Agreement Act, General Agreement on Tariffs and Trade (GAFF)
Racketeer Influenced and Corrupt Organization Act (RICO)
National Stolen Property Act
Electronic Communications Privacy Act of 1986
Counterfeit Access Device and Computer Fraud and Abuse Act of 1984
International Trade Commission (ITC) can stop imports of "knock off" products
U.S. Customs Service can seize products infringing on intellectual property rights
about one half of one percent of merchandise is randomly selected for inspection |
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