![]() The EEA not only outlawed the communication of trade secrets which could harm the United States, but also criminalized the “ theft” of trade secrets between private parties. ![]() While the ATA was enacted in the shadow of the September 11th attacks, the reforms of the SIA in particular took place in the context of the passage of the 1996 Economic Espionage Act (EEA) in the United States. The Security of Information Act was created by the 2001 Anti-Terrorism Act (ATA) as a replacement for the 1981 Official Secrets Act, Canada’s cold-war era security legislation which did not specifically criminalize economic espionage. This post proposes several reasons why no prosecutions under section 19 have occurred, and concludes that while the new “Trade Secrets” offence created in section 391 of the Criminal Code offers several advantages over section 19, it does not yet rise to meet the “threat” identified by Director Vigneault. While economic espionage has been criminal in Canada since 2001 under section 19 of the Security of Information Act (SIA), no prosecutions of economic espionage under this provision have taken place. Given the scope of the threat and continued attempts by foreign intelligence to conduct economic espionage despite the safeguards established under the ICA, criminal sanctions for economic espionage warrant examination. Ĭanada’s approach to economic espionage is ripe for change Director Vigneault’s statement was characterized by Professor Stephanie Carvin as a “ rebalancing” of CSIS priorities following a focus on anti-terrorism after 2001. ![]() ![]() These safeguards appear to be increasingly inadequate: the 2019 Report indicates that economic espionage continues to increase in breadth, depth and potential economic impact, and that hostile foreign intelligence services and individuals working with the support of foreign states continue to attempt to gather economic information in Canada. Subsections 14.1 (1.1) and (2) and Part IV.1 of the Investment Canada Act (ICA), establish certain safeguards against this kind of acquisition. Canada’s economy does not match that of the US, but in global terms its economic strength, development of cutting edge technology, and vast resource wealth makes it a target for economic espionage in general and the misappropriation of trade secrets in particular.ĬSIS indicated in a 2019 Public Report that some economic espionage occurs via corporate acquisitions of Canadian companies by foreign state-owned enterprises or private firms with close ties to foreign governments. The potential scope of the threat is considerable while quantifying the damage done by state-sponsored economic espionage to the Canadian economy is difficult, the estimated impact of trade secret theft alone on the American economy in 2015 was $180 billion per year. This activity is designed to influence sensitive economic policy decisions, obtain sensitive economic policy information, manipulate proprietary economic information (including trade secrets) or copy critical technologies. ![]() Economic espionage is clandestine or unlawful activity sponsored or coordinated by a foreign power. In late 2018, David Vigneault, Director of the Canadian Security Intelligence Service (CSIS), told members of the Economic Club of Canada that espionage, and in particular state sponsored economic espionage, represented a “ long term threat to Canada’s economy and to our prosperity”. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |