	Introduction

The Economic Espionage Act (EEA) outlaws two forms of trade secret theft: theft for the benefit of a foreign entity (economic espionage) and theft for pecuniary gain (theft of trade secrets). Some, like the Computer Fraud and Abuse Act, in addition to imposing criminal penalties, likewise authorize victims to sue for damages and other forms of relief under some circumstances. It condemns:
- Whoever
- with intent to convert
- a trade secret
- related to or including in a product or service used in or intended for use in interstate commerce or foreign commerce
- to the economic benefit of anyone other than the owner thereof
- intending or knowing that the offense will injure the owner of that trade secret
- knowingly (a) steals…, (b) without authorization copies, … downloads, uploads, alters, destroys, … transmits, … sends, … or conveys such information; [or] receives, buys, or possesses such information, knowing the same to have been stolen or appropriated, obtained, or converted without authorization; 
or
Whoever attempts or conspires to do so. Knowingly : The last of the section's three mens rea requirements demands that the defendant be aware that he is stealing, downloading, or receiving a stolen trade secret. A sentencing court must also order the defendant to pay restitution to the victims of the offense. Property derived from, or used to facilitate, commission of the offense may be subject to confiscation under either civil or criminal forfeiture procedures. Finally, economic espionage is punished more severely. And the crime is likewise a RICO and consequently a money laundering predicate offense. Section 1839's definition of foreign agent and foreign instrumentality, however, makes it clear that an entity can only qualify if it has a substantial connection to a foreign government. Either offense may be prosecuted as long as the offender is a U.S. national or an act in furtherance of the offense is committed within this country. Private Cause of Action : The EEA now provides that "[a]n owner of a trade secret that is misappropriated may bring a civil action under this subsection if the trade secret is related to a product or service used in, or intended for use in, interstate or foreign commerce." Section 1837 states that the chapter 90 applies to conduct occurring outside the United States if "the offender" is a U.S. national or an act in furtherance of the offense is committed within the United States.
Stealing a trade secret is a federal crime when the information relates to a product in interstate or foreign commerce, 18 U.S.C. 1832 (theft of trade secrets), or when the intended beneficiary is a foreign power, 18 U.S.C. 1831 (economic espionage). Section 1832 requires that the thief be aware that the misappropriation will injure the secret's owner to the benefit of someone else. Section 1831 requires only that the thief intend to benefit a foreign government or one of its instrumentalities.
Offenders face lengthy prison terms as well as heavy fines, and they must pay restitution. Moreover, property derived from the offense or used to facilitate its commission is subject to confiscation. The sections reach violations occurring overseas, if the offender is a United States national or if an act in furtherance of the crime is committed within the United States.
Depending on the circumstances, misconduct captured in the two sections may be prosecuted under other federal statutes as well. A defendant charged with stealing trade secrets is often indictable under the Computer Fraud and Abuse Act, the National Stolen Property Act, and/or the federal wire fraud statute. One indicted on economic espionage charges may often be charged with acting as an unregistered foreign agent and on occasion with disclosing classified information or under the general espionage statutes. Finally, by virtue of the Defend Trade Secrets Act (P.L. 114-153), Section 1831 and 1832 are predicate offenses for purposes of the federal racketeering and money laundering statutes.
P.L. 114-153 (S. 1890) dramatically increased EEA civil enforcement options when it authorized private causes of action for the victims of trade secret misappropriation. In addition, the EEA now permits pre-trial seizure orders in some circumstances, counterbalanced with sanctions for erroneous seizures.
This report is an abridged version, without the footnotes or attribution, of CRS Report R42681, Stealing Trade Secrets and Economic Espionage: An Overview of the Economic Espionage Act.