Problem description:
Some information about commercial spies, their intelligence sources, and how do enterprises respond? Tell me what you know.
Analysis:
Stealing secrets causes great losses, and protecting yourself with espionage.
High-tech development makes business spies "like a duck to water", making it easier to steal business intelligence within enterprises. The so-called shopping mall is like a battlefield, and it is inevitable to deceive each other. It is understandable to collect business information through proper channels, but there are still businesses that ignore professional ethics and laws and arrange business spies to steal the business secrets of competitors.
With the rapid development of high technology, commercial spies can rely on technology to steal more information. Therefore, the resulting business loss is estimated to be as high as $654.38+00 billion per year, which is equivalent to 654.38+00 times of the global paid search engine marketing of $654.38+00 billion in 2005.
According to a survey, large companies listed in Fortune Global 1000 have an average of 2.45 business espionage incidents every year, with a total loss of $45 billion. Among them, high-tech companies located in Silicon Valley bear the brunt, and the personal loss of 54% theft cases is as high as $65.438+$200 million.
The number of theft losses that surprised these enterprises forced them to strengthen their prevention and stipulated that employees should not disclose enterprise information to the outside world. For example, in the affidavit when new employees joined, IBM specifically stated that they should not talk about technical secrets on any occasion and should not touch secrets when participating in any activities. If someone asks, they must refuse, and if they can't avoid the problem, they would rather quit the relevant activities.
Some companies adopt the method of "deal with a man as he deals with you", using espionage activities to carry out espionage activities, especially hiring anti-espionage personnel to settle in the company, preferring to spend 50 pounds to 6,543,800 pounds per hour to strictly arrest latent commercial spies and prevent the disclosure of industrial secrets from causing heavy losses.
Protect interests from damage and legislate against commercial espionage.
In today's technologically and commercially developed society, spy's eyes are hidden in a corner to search for secrets. Without legal checks and balances, it will cause great economic losses. The identity of a business spy is a secret. Some people regard it as a treasure, while others regard it as a snake and scorpion. This love-hate role can only be proved by the strict circle of law.
The United States has long had laws against commercial espionage, and many countries are actively studying its feasibility. However, business competitive intelligence is like a big, red apple, and the merchants who can't resist the temptation still secretly take a bite. In view of the disputes caused by industrial and commercial espionage, the United States enacted the Economic Espionage Act 1996 to prevent national security from being seriously affected by the disclosure of trade secrets. From the point of view of commercial development and national security, this law has prevented the growing situation of commercial espionage to a certain extent, and is considered as the first concrete espionage law.
Before the promulgation of this law, American states handled commercial espionage cases according to the customary principles of prohibiting unfair competition, non-performance of contracts and infringement. Due to the great differences in laws among States, even some States have no relevant laws at all, which leads to the shortage of state law enforcement personnel in dealing with commercial espionage cases and can not effectively protect the victims of such commercial cases. Therefore, the Economic Espionage Act, which is applicable to the whole United States, is really an important guarantee for the operation of the state and commerce.
On 1996, the United States promulgated the Economic Espionage Law to prevent business spies from revealing the business secrets of their own enterprises and ensure national security.
Before the drafting of the Economic Espionage Law, there were a mountain of domestic trade secret cases in the United States, and the strong domestic demand was brewing the promulgation of the Economic Espionage Law.
As we all know, the United States and two international groups headed by the former Soviet Union, the North Atlantic Treaty Organization and the Warsaw Pact, use military spies to compete. After the end of the cold war, the number of countries that can compete with the United States politically and militarily decreased, and it was replaced by a modern war-commercial competition. The United States is the leader of contemporary science and technology, and all countries in the world are actively developing in this direction. Enterprises in various countries are eager for science and technology, some even steal it in a planned way, while others dig up American scientific and technological secrets with the support of the state. Once corporate secrets in this area are stolen, it will not only affect enterprises, but also national security. Therefore, the Economic Espionage Law can be regarded as reducing the losses of the state and enterprises, and it can set an example for others.
After the bill comes into effect, the operators who have been infringed by commercial spies have the right to ask the FBI to intervene in the investigation to protect their trade secrets in a faster and more effective way. Once convicted, commercial spies can be sentenced to 15 years in prison or fined 500,000 US dollars. This law belongs to CodeNo. Article 18 of the United States federal law and its article 183 1 specify in detail that anyone who intentionally or intentionally provides trade secrets in various ways will be convicted according to this article.
Whoever steals and occupies the business secrets of an enterprise without authorization, obtains the business secrets by taking them away, hiding, cheating or cheating, and copies, transcribes, annotates, depicts, photographs, downloads, uploads, deletes, damages, photocopies, reprints, transmits, delivers, mails, spreads or forwards the business secrets without the consent of the same person can be convicted.
Not only individuals or business spies are controlled by the economic espionage law, but also many people who steal business secrets or any organization that commits this crime can be prosecuted. Among them, the fine for this crime committed by the organization may be as high as $6.5438+million.
Before the Economic Espionage Law, one of the ways to deal with espionage was to invoke the intellectual property law. In fact, there are some differences between the definitions of trade secrets and intellectual property rights. If an enterprise wants to prove that someone or an organization has infringed its intellectual property rights, it must take the initiative to collect evidence and then provide it to the court. On the contrary, the Economic Espionage Act, which protects trade secrets, authorizes the industry to use state resources, that is, the FBI is responsible for the investigation.
After the promulgation of the Economic Espionage Act of the United States, it became the blueprint for countries around the world to deal with commercial espionage, but it also made some foreign businesses, such as China, step on this mine. After the implementation of the Act, two of the first four cases prosecuted involved enterprises in the United States and China.
In any case, most countries in the world agree with the commercial espionage law, but at present, it is rare to see a relatively complete commercial espionage bill like the United States. In this developed and rapidly developing society, it is urgent to formulate similar bills, because this will avoid unnecessary and incalculable losses for enterprises or countries.