Office of the National Counterintelligence Executive, 2007 Annual Report to Congress on Foreign Economic and Industrial Espionage (Sept. 10, 2008) (full-text).
This annual assessment is submitted in compliance with the Intelligence Authorization Act for Fiscal Year 1995, which requires that the President annually submit to Congress updated information on the threat to U.S. industry from foreign economic collection and industrial espionage. This report updates the 2006 Annual Report to Congress on Foreign Economic Collection and Industrial Espionage and includes data from fiscal year 2007.
The report reviews the threat to U.S. industry by foreign economic collection and industrial espionage and identifies trends such as the number and identity of foreign governments conducting industrial espionage, the industrial sectors and types of information and technology targeted by such espionage, and the methods used to conduct such espionage.
As in previous years, this report covers a range of activities that fall under the rubric of “industrial espionage,” which are directed at trade secrets. In this context, “trade secrets” includes the following: 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 stored or unstored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if the owner (i.e., the person or entity in whom or in which rightful legal or equitable title to, or license in, is reposed) has taken reasonable measures to keep such information secret and the information derives independent economic value, actual, or potential from not being generally known to, and not being readily ascertainable through, proper means by the public.
- ↑ Section 809(b), Pub. L. No. 103-359.