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United States Court of Appeals,Seventh Circuit.
UNITED STATES of America, Plaintiff-Appellee, v. Matthew R. LANGE, Defendant-Appellant.

No. 00-1681.
    Decided: November 26, 2002
Before CUDAHY, EASTERBROOK, and RIPPLE, Circuit Judges.Monica Rimai,Matthew L. Jacobs (Argued), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee. Bridget E. Boyle (Argued), Boyle, Boyle & Smith, Milwaukee, WI, for Defendant-Appellant.
Matthew Lange has been convicted of violating 18 U.S.C. § 1832, part of the Economic Espionage Act of 1996.   This statute makes it a felony to sell, disseminate, or otherwise deal in trade secrets, or attempt to do so, without the owner's consent.   Lange stole computer data from Replacement Aircraft Parts Co. (RAPCO), his former employer, and attempted to sell the data to one of RAPCO's competitors.   He allows that his acts violated § 1832, if the data contained “trade secrets,” but denies that the data met the statutory definition:

the term “trade secret” means 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 or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if-(A) the owner thereof has taken reasonable measures to keep such information secret;  and (B) 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[.]

18 U.S.C. § 1839(3).   Lange's appeal requires us to apply this definition.

RAPCO is in the business of making aircraft parts for the aftermarket.   It buys original equipment parts, then disassembles them to identify (and measure) each component.   This initial step of reverse engineering, usually performed by a drafter such as Lange, produces a set of measurements and drawings.   See generally Pamela Samuelson & Suzanne Scotchmer, The Law and Economics of Reverse Engineering, 111 Yale L.J. 1575, 1582-94 (2002).   Because this case involves an effort to sell the intellectual property used to make a brake assembly, we use brakes as an illustration.

Knowing exactly what a brake assembly looks like does not enable RAPCO to make a copy.   It must figure out how to make a substitute with the same (or better) technical specifications.   Brakes rely on friction to slow the airplane's speed by converting kinetic energy to heat.   Surfaces that do this job well are made by sintering-the forming of solid metal, usually from a powder, without melting.   Aftermarket manufacturers must experiment with different alloys and compositions until they achieve a process and product that fulfils requirements set by the Federal Aviation Administration for each brake assembly.   Completed assemblies must be exhaustively tested to demonstrate, to the FAA's satisfaction, that all requirements have been met;  only then does the FAA certify the part for sale.   For brakes this entails 100 destructive tests on prototypes, bringing a spinning 60-ton wheel to a halt at a specified deceleration measured by a dynamometer.   Further testing of finished assemblies is required. It takes RAPCO a year or two to design, and obtain approval for, a complex part;  the dynamometer testing alone can cost $75,000.   But the process of experimenting and testing can be avoided if the manufacturer demonstrates that its parts are identical (in composition and manufacturing processes) to parts that have already been certified.   What Lange, a disgruntled former employee, offered for sale was all the information required to obtain certification of several components as identical to parts for which RAPCO held certification.   Lange included with the package-which he offered via the Internet to anyone willing to pay his price of $100,000-a pirated copy of AutoCAD®, the computer-assisted drawing software that RAPCO uses to maintain its drawings and specifications data.   One person to whom Lange tried to peddle the data informed RAPCO, which turned to the FBI. Lange was arrested following taped negotiations that supply all the evidence necessary for conviction-if the data satisfy the statutory definition of trade secrets.

 One ingredient of a trade secret is that “the owner thereof has taken reasonable measures to keep such information secret”.   Lange contends that the proof fell short, but a sensible trier of fact (in this bench trial, the district judge) could have concluded that RAPCO took “reasonable measures to keep [the] information secret”.   RAPCO stores all of its drawings and manufacturing data in its CAD room, which is protected by a special lock, an alarm system, and a motion detector.   The number of copies of sensitive information is kept to a minimum;  surplus copies are shredded.   Some information in the plans is coded, and few people know the keys to these codes.   Drawings and other manufacturing information contain warnings of RAPCO's intellectual-property rights;  every employee receives a notice that the information with which he works is confidential.   None of RAPCO's subcontractors receives full copies of the schematics;  by dividing the work among vendors, RAPCO ensures that none can replicate the product.   This makes it irrelevant that RAPCO does not require vendors to sign confidentiality agreements;  it relies on deeds (the splitting of tasks) rather than promises to maintain confidentiality.   Although, as Lange says, engineers and drafters knew where to get the key to the CAD room door, keeping these employees out can't be an ingredient of “reasonable measures to keep [the] information secret”;  then no one could do any work.   So too with plans sent to subcontractors, which is why dissemination to suppliers does not undermine a claim of trade secret.   See Rockwell Graphic Systems, Inc. v. DEV Industries, Inc., 925 F.2d 174, 177 (7th Cir.1991).

The second ingredient is that “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[.]”  According to Lange, all data obtained by reverse engineering some other product are “readily ascertainable ․ by the public” because everyone can do what RAPCO did:  buy an original part, disassemble and measure it, and make a copy.   The prosecutor responds to this contention by observing that “the public” is unable to reverse engineer an aircraft brake assembly.

The prosecutor's assumption is that the statutory reference in § 1839(3) to “the public” means the general public-the man in the street.   Ordinary people don't have AutoCAD and 60-ton flywheels ready to hand.   But is the general public the right benchmark?   The statute itself does not give an answer:  the word “public” could be preceded implicitly by “general” as the prosecutor supposes, but it also could be preceded implicitly by “educated” or “economically important” or any of many other qualifiers.   Once we enter the business of adding words to flesh out the statute-and even the addition of “general” to “public” does this-it usually is best to ask what function the law serves.   In criminal cases it also is important to inquire whether the unelaborated text is ambiguous, because if it is the language should be read to prevent surprises.   That's the function of the Rule of Lenity.   See Staples v. United States, 511 U.S. 600, 619, 114 S.Ct. 1793, 128 L.Ed.2d 608 (1994).   Some elaboration is needed.   Although the third circuit assumed in United States v. Hsu, 155 F.3d 189, 196 (3d Cir.1998), that “general” belongs in front of “public,” it did not explain why (nor was this important to, or a part of, Hsu 's holding).   Commentators disagree about who “the public” includes.   Compare Geraldine Szott Moohr, The Problematic Role of Criminal Law in Regulating the Use of Information:  The Case of the Economic Espionage Act, 80 N.C. L.Rev. 853, 878-79 (2002), with Arthur J. Schwab & David J. Porter, Guarding the Crown Jewels:  A Guide to Protecting Your Trade Secrets 85-86 (2002).   It is therefore worth a look-though it turns out not to be dispositive here, any more than it was in Hsu.

A problem with using the general public as the reference group for identifying a trade secret is that many things unknown to the public at large are well known to engineers, scientists, and others whose intellectual property the Economic Espionage Act was enacted to protect.   This makes the general public a poor benchmark for separating commercially valuable secrets from obscure (but generally known) information.   Suppose that Lange had offered to sell Avogadro's number for $1. Avogadro's number, 6.02 x 1023, is the number of molecules per mole of gas.   It is an important constant, known to chemists since 1909 but not to the general public (or even to all recent graduates of a chemistry class).   We can't believe that Avogadro's number could be called a trade secret.   Other principles are known without being comprehended.   Most people know that E = mc2, but a pop quiz of the general public would reveal that they do not understand what this means or how it can be used productively.

One might respond that the context of the word “public” addresses this concern.   The full text of § 1839(3)(B) is:  “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”.   Avogadro's number and other obscure knowledge is not “generally known to” the man in the street but might be deemed “readily ascertainable to” this hypothetical person.   It appears in any number of scientific handbooks.   Similarly one can visit a library and read Einstein's own discussion of his famous equation.   See Albert Einstein, Relativity:  The Special and General Theory (1920).   Members of the general public can ascertain even abstruse information, such as Schrödinger's quantum field equation, by consulting people in the know-as high school dropouts can take advantage of obscure legal rules by hiring lawyers.   But this approach uses the phrase “readily available” to treat the “general public” as if it were more technically competent, which poses the question whether it would be better to use a qualifier other than “general” in the first place.

 Section 1839(3) was derived from the definition of a trade secret in the Uniform Trade Secrets Act, which many states have adopted.   Section 1(4) of the Uniform Act provides:

“Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

(i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and

(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Section 1839(3)(B) replaces “persons who can obtain economic value from its disclosure or use” with “the public”.   The prosecutor believes that the substitution supports the conclusion that Congress referred to the general public.   Yet one could say instead that “the public” is shorthand for the longer phrase, which then would be read as “the economically relevant public”-that is, the persons whose ignorance of the information is the source of its economic value.   Let us recur to the statutory context of “the public”:

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 1839(3)(B) as a whole refers to the source of economic value-that the information is not known to or easily discoverable by persons who could use it productively.   To make this work, either the phrase “readily ascertainable” or the phrase “the public” must be understood to concentrate attention on either potential users of the information, or proxies for them (which is to say, persons who have the same ability to “ascertain” the information).   And for purposes of this case those people would be engineers and manufacturers of aircraft parts, who have ample means to reverse engineer their competitors' products.   It is by keeping secrets from its rivals that RAPCO captures the returns of its design and testing work.   Thus it is unnecessary here to decide whether “general” belongs in front of “public”-for even if it does, the economically valuable information is not “readily ascertainable” to the general public, the educated public, the economically relevant public, or any sensible proxy for these groups.

Another line of prosecutorial argument starts with the fact that § 1832(a)(4) makes it a crime to attempt to sell trade secrets without the owner's permission.   Even if Lange did not have real trade secrets in his possession, the argument goes, he thought he did and therefore may be penalized for an attempted sale.   The argument finds support in Hsu, which held that in order to avoid graymail-the threat that to obtain a conviction the prosecutor must disclose the secret by putting it in the trial record-a case may be based on § 1832(a)(4) without disclosing all details of the trade secret.   Accord, United States v. Pin Yen Yang, 281 F.3d 534, 543-44 (6th Cir.2002).   We agree with the general approach of these decisions.  Hsu analogized the attempted sale of information believed to be a trade secret to an attempt such as shooting a corpse, believing it to be alive, or selling sugar, believing it to be cocaine.   Events of this sort underlie the maxim that factual impossibility is no defense to a prosecution for attempt.   See United States v. Bailey, 227 F.3d 792, 797 (7th Cir.2000);  United States v. Saunders, 166 F.3d 907, 916 (7th Cir.1999);  United States v. Cotts, 14 F.3d 300, 307 (7th Cir.1994).   This does not mean, however, that the defendant's belief alone can support a conviction.   All attempt prosecutions depend on demonstrating that the defendant took a substantial step toward completion of the offense, which could have been carried out unless thwarted.   Braxton v. United States, 500 U.S. 344, 111 S.Ct. 1854, 114 L.Ed.2d 385 (1991).   Although the American Law Institute recommends a definition of attempt linked closely to intent, Model Penal Code § 5.01(1)(c), the Supreme Court has not embraced this view and demands in cases under federal law that the prosecutor establish a probability of success.   See, e.g., Spectrum Sports, Inc. v. McQuillan, 506 U.S. 447, 113 S.Ct. 884, 122 L.Ed.2d 247 (1993) ( “dangerous probability” of success is an ingredient of attempted monopolization).

An attempted murder may be thwarted by substituting a sack of flour for the intended victim;  a sale of drugs may be thwarted by substituting sugar for cocaine, or rock candy for crack.   These situations present a good chance of success, but for the intervention.   So does “the disgruntled former employee who walks out of his former company with a computer diskette full of engineering schematics” (Hsu, 155 F.3d at 201)-a fair description of Lange's conduct (though diskettes are obsolete).   See also United States v. Martin, 228 F.3d 1, 10-12 (1st Cir.2000).   A sale of trade secrets may be thwarted by substituting a disk with the collected works of Shakespeare for the disk that the defendant believed contained the plans for brake assemblies, or by an inadvertent failure to download the proper file.   The attempted sale of the disk is a culpable substantial step.   But it is far less clear that sale of information already known to the public could be deemed a substantial step toward the offense, just because the defendant is deluded and does not understand what a trade secret is.   Selling a copy of Zen and the Art of Motorcycle Maintenance is not attempted economic espionage, even if the defendant thinks that the tips in the book are trade secrets;  nor is sticking pins in voodoo dolls attempted murder.   Booksellers and practitioners of the occult pose no social dangers, certainly none of the magnitude of those who are tricked into shooting bags of sand that have been substituted for targets of assassination.   Lange was more dangerous than our bookseller but much less dangerous than our hypothetical assassin.   Perhaps data purloined from an ex-employer is sufficiently likely to contain trade secrets to justify calling the preparation for sale a substantial step toward completion of the offense, and thus a culpable attempt, even if the employee stole the wrong data file and did not get his hands on the commercially valuable information.   We need not pursue the subject beyond noting the plausibility of the claim and its sensitivity to the facts-what kind of data did the employee think he stole, and so on.   For it is not necessary to announce a definitive rule about how dangerous the completed acts must be in trade secret cases:  the judge was entitled to (and did) find that Lange had real trade secrets in his possession.

Lange wants us to proceed as if all he tried to sell were measurements that anyone could have taken with calipers after disassembling an original-equipment part.   Such measurements could not be called trade secrets if, as Lange asserts, the assemblies in question were easy to take apart and measure.   But no one would have paid $100,000 for metes and bounds, while Lange told his customers that the data on offer were worth more than that asking price.   Which they were.   What Lange had, and tried to sell, were the completed specifications and engineering diagrams that reflected all the work completed after the measurements had been taken:  the metallurgical data, details of the sintering, the results of the tests, the plans needed to produce the finished goods, everything required to get FAA certification of a part supposedly identical to one that had been approved.   Those details “derive[d] independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, the public[.]”  Every firm other than the original equipment manufacturer and RAPCO had to pay dearly to devise, test, and win approval of similar parts;  the details unknown to the rivals, and not discoverable with tape measures, had considerable “independent economic value ․ from not being generally known”.   A sensible trier of fact could determine that Lange tried to sell trade secrets. It was his customer's cooperation with the FBI, and not public access to the data, that prevented closing of the sale.†

 Thirty months' imprisonment is the sentence Lange is serving.   Not much, as sentences go these days, but Lange says it is too high.   He protests two decisions that influenced its length:  first, the district judge's conclusion that he used special skill, which adds two levels under U.S.S.G. § 3B1.3;  second, the judge's refusal to deduct two levels for acceptance of responsibility under U.S.S.G. § 3E1.1. Appellate review of these contentions is deferential, see 18 U.S.C. § 3742(e);  Buford v. United States, 532 U.S. 59, 121 S.Ct. 1276, 149 L.Ed.2d 197 (2001);  United States v. Gomez, 24 F.3d 924, 926 (7th Cir.1994), and the district judge did not abuse his discretion.

 The judge concluded that Lange's knowledge as a drafter (he has an associate's degree in graphic design) and his ability to manipulate drawings in AutoCAD were special skills that facilitated the offense.   The former enabled Lange to select and lay his hands on commercially valuable data;  the latter helped facilitate its sale and concealment.   When negotiating for the sale, Lange used AutoCAD to remove all of RAPCO's identifying marks and replace them with the logos and other details of the potential customer, so that the buyer could submit the drawings to the FAA as its own.   That manipulation would have made the package more attractive to any buyer and thus facilitated the offense.

Lange relies on Application Note 3 to § 3B1.3:

“Special skill” refers to a skill not possessed by members of the general public and usually requiring substantial education, training or licensing.   Examples would include pilots, lawyers, doctors, accountants, chemists, and demolition experts.

Sure he had training, Lange concedes, but not as extensive as a chemist's.   That cannot be denied;  an associate's degree (and knowledge of even so complex a software package as AutoCAD) can be obtained in less time than a college degree.   But the district court did not commit a clear error in finding that Lange had skills “not possessed by members of the general public” (this time “public” does mean “general public”!).  United States v. Lewis, 41 F.3d 1209 (7th Cir.1994), makes the point.  Lewis holds that an enhancement under § 3B1.3 may be proper for someone whose special skill is ability to drive an 18-wheel truck, making off with the load with which he had been entrusted.   Drafting skills, including the use of AutoCAD, are “not possessed by members of the general public”, require time to master, and played a central role in the offense.   A mechanical drafter is in the same category as a pilot or demolition expert-for those skills, too, may be learned outside the academy.   The enhancement was proper.

 As for acceptance of responsibility:  this reduction usually rewards a guilty plea, but Lange went to trial.   Even on appeal Lange contends that he is not guilty and asks us to reverse his conviction. That does not qualify as acceptance of responsibility.   Nor does it fall within the special case, see § 3E1.1 Application Note 2, of pleading not guilty only to obtain a ruling on a contested legal issue.   Lange argued (and still argues) factual as well as legal innocence.   His legal points could have been preserved with a conditional guilty plea on stipulated facts, but instead Lange chose to put the prosecution to its proof.

What is more, he hardly fits the profile of one who has learned his lesson.   Lange consulted an attorney before offering RAPCO's data for sale.   Counsel told him that he absolutely should not sell the data;  armed with that knowledge, Lange went ahead and tried to complete the sale.   After being caught, Lange committed new offenses.   He was directed by a grand jury subpoena (and required by the civil law) to return the stolen data.   He feigned compliance while retaining an electronic copy.   Then he tried to persuade a friend who knew the truth to lie to the grand jury.   Only when this effort was revealed (the friend turned a damning voice mail message over to the FBI) did Lange finally clean his hard drive of RAPCO's intellectual property.   For this escapade Lange received a two-level enhancement for obstructing justice.  U.S.S.G. § 3C1.1. An obstruction-of-justice enhancement generally, and here, is incompatible with an acceptance-of-responsibility reduction.   U.S.S.G. § 3E1.1 Application Note 4.

Affirmed

I concur in the judgment of the court.   I write separately because the panel majority's opinion deals with several matters that are not necessarily raised by this case, and, in my view, it is imprudent to confront these issues prematurely.

The panel majority notes that the Economic Espionage Act, in defining “trade secret,” includes as an ingredient that

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[.]

18 U.S.C. § 1839(3)(B).  This portion of the definition of a trade secret differs markedly from the definition found in the Uniform Trade Secrets Act. The analogous language, found at section 1(4) of the Uniform Act, provides that the information must

derive[ ] independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use[.]

Unif. Trade Secrets Act, § 1(4) (amended 1985), 14 U.L.A. 438 (1979).

The panel majority declares that this textual difference is of no significance because the phrase “the public” in the federal statute is simply shorthand for the longer phrase of the Uniform Act. Therefore, the panel majority concludes, “the public” ought to be read “the economically relevant public.”  (Op. at 267).   Because Mr. Lange offered information that was unknown to both competitors and to the general public, there is no reason to confront this issue in this case, and, because the correctness of the panel majority's reading of the evidence is not self-evident, we ought not to reject out-of-hand the position of the United States when there is no necessity to do so.

The panel majority bases its reading of the federal statute on its conclusion that “[s]ection 1839(3) was derived from the definition of a trade secret in the Uniform Trade Secrets Act.” (Op. at 267).   An examination of the House Report accompanying the statute describes, however, a somewhat more nuanced relationship between the two definitions.   Notably, the Report states that the definition of “trade secret” in the federal statute is “based largely” on the definition of that term in the Uniform Trade Secrets Act. H.R.Rep. No. 104-788, at 12 (1996), U.S. Code Cong. & Admin. News 4021, 4030-31.   The report goes on to say in the paragraphs immediately following that “information which is generally known to the public, or which the public can readily ascertain through proper means, does not satisfy the definition of trade secret under this section.”  Id. at 13, U.S. Code Cong. & Admin. News at 4031.

Our normal approach to statutory interpretation is to assume that Congress intended what it wrote.   Here, the words of the statute are clear on their face.   Moreover, the pertinent legislative history supports reliance on the plain wording.   Cf. Griffin v. Oceanic Contractors, Inc., 458 U.S. 564, 574, 102 S.Ct. 3245, 73 L.Ed.2d 973 (1982) (“Resort to the legislative history, therefore, merely confirms that Congress intended the statute to mean exactly what its plain language says.”).   Congress used the Uniform Act's definition of “trade secret” as a guide, but it did not adopt it.   Instead, Congress made its own choices as to those aspects of the Uniform Act's definition that ought to be adopted and those that needed alteration before incorporation into the federal statute.   I see no reason to reject so swiftly and gratuitously the plain wording of the statute, the supportive legislative history,1 the interpretation of the Court of Appeals for the Third Circuit in United States v. Hsu, 155 F.3d 189, 196-97 (3d Cir.1998), and the interpretation of the Executive Branch set forth in the Government's brief.

I would also defer announcing any limitations on the law of attempt as it applies to the Economic Espionage Act in advance of the necessity of doing so.   The considered judgment of another circuit to the contrary particularly counsels restraint in this respect.   See Hsu, 155 F.3d at 198-203.   In this case, there is no question that the information Mr. Lange offered for sale was a trade secret.   We therefore need not decide whether a defendant can be found guilty of an attempt when no such secret exists.

For these reasons, I concur in the judgment, but must respectfully decline from joining the panel discussion of matters not necessary for decision today, especially when the correctness of those pronouncements is questionable.

FOOTNOTES

FOOTNOTE.   This opinion, the circuit's first encounter with the Economic Espionage Act of 1996, was circulated before release to all active judges under Circuit Rule 40(e).   Circuit Judge Ripple favored a hearing en banc.

1.   I note that legislative history is employed here merely to confirm the plain wording of the statutory language in the face of a reading that can find no justification in the plain wording, the legislative history or any other recognized tool of statutory construction.

EASTERBROOK, Circuit Judge.

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text: to

text: sell

text: the

text: intellectual

text: property

text: used

text: to

text: make

text: a

text: brake

text: assembly

text: we

text: use

text: brakes

text: as

text: an

text: illustration

text: Knowing

text: exactly

text: what

text: a

text: brake

text: assembly

text: looks

text: like

text: does

text: not

text: enable

text: RAPCO

text: to

text: make

text: a

text: copy

text: It

text: must

text: figure

text: out

text: how

text: to

text: make

text: a

text: substitute

text: with

text: the

text: same

text: or

text: better

text: technical

text: specifications

text: Brakes

text: rely

text: on

text: friction

text: to

text: slow

text: the

text: airplane

text: s

text: speed

text: by

text: converting

text: kinetic

text: energy

text: to

text: heat

text: Surfaces

text: that

text: do

text: this

text: job

text: well

text: are

text: made

text: by

text: sintering

text: the

text: forming

text: of

text: solid

text: metal

text: usually

text: from

text: a

text: powder

text: without

text: melting

text: Aftermarket

text: manufacturers

text: must

text: experiment

text: with

text: different

text: alloys

text: and

text: compositions

text: until

text: they

text: achieve

text: a

text: process

text: and

text: product

text: that

text: fulfils

text: requirements

text: set

text: by

text: the

text: Federal

text: Aviation

text: Administration

text: for

text: each

text: brake

text: assembly

text: Completed

text: assemblies

text: must

text: be

text: exhaustively

text: tested

text: to

text: demonstrate

text: to

text: the

text: FAA

text: s

text: satisfaction

text: that

text: all

text: requirements

text: have

text: been

text: met

text: only

text: then

text: does

text: the

text: FAA

text: certify

text: the

text: part

text: for

text: sale

text: For

text: brakes

text: this

text: entails

text: destructive

text: tests

text: on

text: prototypes

text: bringing

text: a

text: spinning

text: ton

text: wheel

text: to

text: a

text: halt

text: at

text: a

text: specified

text: deceleration

text: measured

text: by

text: a

text: dynamometer

text: Further

text: testing

text: of

text: finished

text: assemblies

text: is

text: required

text: It

text: takes

text: RAPCO

text: a

text: year

text: or

text: two

text: to

text: design

text: and

text: obtain

text: approval

text: for

text: a

text: complex

text: part

text: the

text: dynamometer

text: testing

text: alone

text: can

text: cost

text: But

text: the

text: process

text: of

text: experimenting

text: and

text: testing

text: can

text: be

text: avoided

text: if

text: the

text: manufacturer

text: demonstrates

text: that

text: its

text: parts

text: are

text: identical

text: in

text: composition

text: and

text: manufacturing

text: processes

text: to

text: parts

text: that

text: have

text: already

text: been

text: certified

text: What

text: Lange

text: a

text: disgruntled

text: former

text: employee

text: offered

text: for

text: sale

text: was

text: all

text: the

text: information

text: required

text: to

text: obtain

text: certification

text: of

text: several

text: components

text: as

text: identical

text: to

text: parts

text: for

text: which

text: RAPCO

text: held

text: certification

text: Lange

text: included

text: with

text: the

text: package

text: which

text: he

text: offered

text: via

text: the

text: Internet

text: to

text: anyone

text: willing

text: to

text: pay

text: his

text: price

text: of

text: a

text: pirated

text: copy

text: of

text: AutoCAD

text: the

text: computer

text: assisted

text: drawing

text: software

text: that

text: RAPCO

text: uses

text: to

text: maintain

text: its

text: drawings

text: and

text: specifications

text: data

text: One

text: person

text: to

text: whom

text: Lange

text: tried

text: to

text: peddle

text: the

text: data

text: informed

text: RAPCO

text: which

text: turned

text: to

text: the

text: FBI

text: Lange

text: was

text: arrested

text: following

text: taped

text: negotiations

text: that

text: supply

text: all

text: the

text: evidence

text: necessary

text: for

text: conviction

text: if

text: the

text: data

text: satisfy

text: the

text: statutory

text: definition

text: of

text: trade

text: secrets

text: One

text: ingredient

text: of

text: a

text: trade

text: secret

text: is

text: that

text: the

text: owner

text: thereof

text: has

text: taken

text: reasonable

text: measures

text: to

text: keep

text: such

text: information

text: secret

text: Lange

text: contends

text: that

text: the

text: proof

text: fell

text: short

text: but

text: a

text: sensible

text: trier

text: of

text: fact

text: in

text: this

text: bench

text: trial

text: the

text: district

text: judge

text: could

text: have

text: concluded

text: that

text: RAPCO

text: took

text: reasonable

text: measures

text: to

text: keep

text: the

text: information

text: secret

text: RAPCO

text: stores

text: all

text: of

text: its

text: drawings

text: and

text: manufacturing

text: data

text: in

text: its

text: CAD

text: room

text: which

text: is

text: protected

text: by

text: a

text: special

text: lock

text: an

text: alarm

text: system

text: and

text: a

text: motion

text: detector

text: The

text: number

text: of

text: copies

text: of

text: sensitive

text: information

text: is

text: kept

text: to

text: a

text: minimum

text: surplus

text: copies

text: are

text: shredded

text: Some

text: information

text: in

text: the

text: plans

text: is

text: coded

text: and

text: few

text: people

text: know

text: the

text: keys

text: to

text: these

text: codes

text: Drawings

text: and

text: other

text: manufacturing

text: information

text: contain

text: warnings

text: of

text: RAPCO

text: s

text: intellectual

text: property

text: rights

text: every

text: employee

text: receives

text: a

text: notice

text: that

text: the

text: information

text: with

text: which

text: he

text: works

text: is

text: confidential

text: of

text: RAPCO

text: s

text: subcontractors

text: receives

text: full

text: copies

text: of

text: the

text: schematics

text: by

text: dividing

text: the

text: work

text: among

text: vendors

text: RAPCO

text: ensures

text: that

text: can

text: replicate

text: the

text: product

text: This

text: makes

text: it

text: irrelevant

text: that

text: RAPCO

text: does

text: not

text: require

text: vendors

text: to

text: sign

text: confidentiality

text: agreements

text: it

text: relies

text: on

text: deeds

text: the

text: splitting

text: of

text: tasks

text: rather

text: than

text: promises

text: to

text: maintain

text: confidentiality

text: Although

text: as

text: Lange

text: says

text: engineers

text: and

text: drafters

text: knew

text: where

text: to

text: get

text: the

text: key

text: to

text: the

text: CAD

text: room

text: door

text: keeping

text: these

text: employees

text: out

text: can

text: t

text: be

text: an

text: ingredient

text: of

text: reasonable

text: measures

text: to

text: keep

text: the

text: information

text: secret

text: then

text: no

text: one

text: could

text: do

text: any

text: work

text: So

text: too

text: with

text: plans

text: sent

text: to

text: subcontractors

text: which

text: is

text: why

text: dissemination

text: to

text: suppliers

text: does

text: not

text: undermine

text: a

text: claim

text: of

text: trade

text: secret

text: See

text: Rockwell

text: Graphic

text: Systems

text: Inc

text: v

text: DEV

text: Industries

text: Inc

text: F

text: d

text: th

text: Cir

text: The

text: second

text: ingredient

text: is

text: that

text: the

text: information

text: derives

text: independent

text: economic

text: value

text: actual

text: or

text: potential

text: from

text: not

text: being

text: generally

text: known

text: to

text: and

text: not

text: being

text: readily

text: ascertainable

text: through

text: proper

text: means

text: by

text: the

text: public

text: According

text: to

text: Lange

text: all

text: data

text: obtained

text: by

text: reverse

text: engineering

text: some

text: other

text: product

text: are

text: readily

text: ascertainable

text: by

text: the

text: public

text: because

text: everyone

text: can

text: do

text: what

text: RAPCO

text: did

text: buy

text: an

text: original

text: part

text: disassemble

text: and

text: measure

text: it

text: and

text: make

text: a

text: copy

text: The

text: prosecutor

text: responds

text: to

text: this

text: contention

text: by

text: observing

text: that

text: the

text: public

text: is

text: unable

text: to

text: reverse

text: engineer

text: an

text: aircraft

text: brake

text: assembly

text: The

text: prosecutor

text: s

text: assumption

text: is

text: that

text: the

text: statutory

text: reference

text: in

text: to

text: the

text: public

text: means

text: the

text: general

text: public

text: the

text: man

text: in

text: the

text: street

text: Ordinary

text: people

text: don

text: t

text: have

text: AutoCAD

text: and

text: ton

text: flywheels

text: ready

text: to

text: hand

text: But

text: is

text: the

text: general

text: public

text: the

text: right

text: benchmark

text: The

text: statute

text: itself

text: does

text: not

text: give

text: an

text: answer

text: the

text: word

text: public

text: could

text: be

text: preceded

text: implicitly

text: by

text: general

text: as

text: the

text: prosecutor

text: supposes

text: but

text: it

text: also

text: could

text: be

text: preceded

text: implicitly

text: by

text: educated

text: or

text: economically

text: important

text: or

text: any

text: of

text: many

text: other

text: qualifiers

text: Once

text: we

text: enter

text: the

text: business

text: of

text: adding

text: words

text: to

text: flesh

text: out

text: the

text: statute

text: and

text: even

text: the

text: addition

text: of

text: general

text: to

text: public

text: does

text: this

text: it

text: usually

text: is

text: best

text: to

text: ask

text: what

text: function

text: the

text: law

text: serves

text: In

text: criminal

text: cases

text: it

text: also

text: is

text: important

text: to

text: inquire

text: whether

text: the

text: unelaborated

text: text

text: is

text: ambiguous

text: because

text: if

text: it

text: is

text: the

text: language

text: should

text: be

text: read

text: to

text: prevent

text: surprises

text: That

text: s

text: the

text: function

text: of

text: the

text: Rule

text: of

text: Lenity

text: See

text: Staples

text: v

text: United

text: States

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: Some

text: elaboration

text: is

text: needed

text: Although

text: the

text: third

text: circuit

text: assumed

text: in

text: United

text: States

text: v

text: Hsu

text: F

text: d

text: d

text: Cir

text: that

text: general

text: belongs

text: in

text: front

text: of

text: public

text: it

text: did

text: not

text: explain

text: why

text: nor

text: was

text: this

text: important

text: to

text: or

text: a

text: part

text: of

text: Hsu

text: s

text: holding

text: Commentators

text: disagree

text: about

text: who

text: the

text: public

text: includes

text: Compare

text: Geraldine

text: Szott

text: Moohr

text: The

text: Problematic

text: Role

text: of

text: Criminal

text: Law

text: in

text: Regulating

text: the

text: Use

text: of

text: Information

text: The

text: Case

text: of

text: the

text: Economic

text: Espionage

text: Act

text: N

text: C

text: L

text: Rev

text: with

text: Arthur

text: J

text: Schwab

text: David

text: J

text: Porter

text: Guarding

text: the

text: Crown

text: Jewels

text: A

text: Guide

text: to

text: Protecting

text: Your

text: Trade

text: Secrets

text: It

text: is

text: therefore

text: worth

text: a

text: look

text: though

text: it

text: turns

text: out

text: not

text: to

text: be

text: dispositive

text: here

text: any

text: more

text: than

text: it

text: was

text: in

text: Hsu

text: A

text: problem

text: with

text: using

text: the

text: general

text: public

text: as

text: the

text: reference

text: group

text: for

text: identifying

text: a

text: trade

text: secret

text: is

text: that

text: many

text: things

text: unknown

text: to

text: the

text: public

text: at

text: large

text: are

text: well

text: known

text: to

text: engineers

text: scientists

text: and

text: others

text: whose

text: intellectual

text: property

text: the

text: Economic

text: Espionage

text: Act

text: was

text: enacted

text: to

text: protect

text: This

text: makes

text: the

text: general

text: public

text: a

text: poor

text: benchmark

text: for

text: separating

text: commercially

text: valuable

text: secrets

text: from

text: obscure

text: but

text: generally

text: known

text: information

text: Suppose

text: that

text: Lange

text: had

text: offered

text: to

text: sell

text: Avogadro

text: s

text: number

text: for

text: Avogadro

text: s

text: number

text: x

text: is

text: the

text: number

text: of

text: molecules

text: per

text: mole

text: of

text: gas

text: It

text: is

text: an

text: important

text: constant

text: known

text: to

text: chemists

text: since

text: but

text: not

text: to

text: the

text: general

text: public

text: or

text: even

text: to

text: all

text: recent

text: graduates

text: of

text: a

text: chemistry

text: class

text: We

text: can

text: t

text: believe

text: that

text: Avogadro

text: s

text: number

text: could

text: be

text: called

text: a

text: trade

text: secret

text: Other

text: principles

text: are

text: known

text: without

text: being

text: comprehended

text: Most

text: people

text: know

text: that

text: E

text: mc

text: but

text: a

text: pop

text: quiz

text: of

text: the

text: general

text: public

text: would

text: reveal

text: that

text: they

text: do

text: not

text: understand

text: what

text: this

text: means

text: or

text: how

text: it

text: can

text: be

text: used

text: productively

text: One

text: might

text: respond

text: that

text: the

text: context

text: of

text: the

text: word

text: public

text: addresses

text: this

text: concern

text: The

text: full

text: text

text: of

text: B

text: is

text: the

text: information

text: derives

text: independent

text: economic

text: value

text: actual

text: or

text: potential

text: from

text: not

text: being

text: generally

text: known

text: to

text: and

text: not

text: being

text: readily

text: ascertainable

text: through

text: proper

text: means

text: by

text: the

text: public

text: Avogadro

text: s

text: number

text: and

text: other

text: obscure

text: knowledge

text: is

text: not

text: generally

text: known

text: to

text: the

text: man

text: in

text: the

text: street

text: but

text: might

text: be

text: deemed

text: readily

text: ascertainable

text: to

text: this

text: hypothetical

text: person

text: It

text: appears

text: in

text: any

text: number

text: of

text: scientific

text: handbooks

text: Similarly

text: one

text: can

text: visit

text: a

text: library

text: and

text: read

text: Einstein

text: s

text: own

text: discussion

text: of

text: his

text: famous

text: equation

text: See

text: Albert

text: Einstein

text: Relativity

text: The

text: Special

text: and

text: General

text: Theory

text: Members

text: of

text: the

text: general

text: public

text: can

text: ascertain

text: even

text: abstruse

text: information

text: such

text: as

text: Schrödinger

text: s

text: quantum

text: field

text: equation

text: by

text: consulting

text: people

text: in

text: the

text: know

text: as

text: high

text: school

text: dropouts

text: can

text: take

text: advantage

text: of

text: obscure

text: legal

text: rules

text: by

text: hiring

text: lawyers

text: But

text: this

text: approach

text: uses

text: the

text: phrase

text: readily

text: available

text: to

text: treat

text: the

text: general

text: public

text: as

text: if

text: it

text: were

text: more

text: technically

text: competent

text: which

text: poses

text: the

text: question

text: whether

text: it

text: would

text: be

text: better

text: to

text: use

text: a

text: qualifier

text: other

text: than

text: general

text: in

text: the

text: first

text: place

text: Section

text: was

text: derived

text: from

text: the

text: definition

text: of

text: a

text: trade

text: secret

text: in

text: the

text: Uniform

text: Trade

text: Secrets

text: Act

text: which

text: many

text: states

text: have

text: adopted

text: Section

text: of

text: the

text: Uniform

text: Act

text: provides

text: Trade

text: secret

text: means

text: information

text: including

text: a

text: formula

text: pattern

text: compilation

text: program

text: device

text: method

text: technique

text: or

text: process

text: that

text: i

text: derives

text: independent

text: economic

text: value

text: actual

text: or

text: potential

text: from

text: not

text: being

text: generally

text: known

text: to

text: and

text: not

text: being

text: readily

text: ascertainable

text: by

text: proper

text: means

text: by

text: other

text: persons

text: who

text: can

text: obtain

text: economic

text: value

text: from

text: its

text: disclosure

text: or

text: use

text: and

text: ii

text: is

text: the

text: subject

text: of

text: efforts

text: that

text: are

text: reasonable

text: under

text: the

text: circumstances

text: to

text: maintain

text: its

text: secrecy

text: Section

text: B

text: replaces

text: persons

text: who

text: can

text: obtain

text: economic

text: value

text: from

text: its

text: disclosure

text: or

text: use

text: with

text: the

text: public

text: The

text: prosecutor

text: believes

text: that

text: the

text: substitution

text: supports

text: the

text: conclusion

text: that

text: Congress

text: referred

text: to

text: the

text: general

text: public

text: Yet

text: one

text: could

text: say

text: instead

text: that

text: the

text: public

text: is

text: shorthand

text: for

text: the

text: longer

text: phrase

text: which

text: then

text: would

text: be

text: read

text: as

text: the

text: economically

text: relevant

text: public

text: that

text: is

text: the

text: persons

text: whose

text: ignorance

text: of

text: the

text: information

text: is

text: the

text: source

text: of

text: its

text: economic

text: value

text: Let

text: us

text: recur

text: to

text: the

text: statutory

text: context

text: of

text: the

text: public

text: the

text: information

text: derives

text: independent

text: economic

text: value

text: actual

text: or

text: potential

text: from

text: not

text: being

text: generally

text: known

text: to

text: and

text: not

text: being

text: readily

text: ascertainable

text: through

text: proper

text: means

text: by

text: the

text: public

text: Section

text: B

text: as

text: a

text: whole

text: refers

text: to

text: the

text: source

text: of

text: economic

text: value

text: that

text: the

text: information

text: is

text: not

text: known

text: to

text: or

text: easily

text: discoverable

text: by

text: persons

text: who

text: could

text: use

text: it

text: productively

text: To

text: make

text: this

text: work

text: either

text: the

text: phrase

text: readily

text: ascertainable

text: or

text: the

text: phrase

text: the

text: public

text: must

text: be

text: understood

text: to

text: concentrate

text: attention

text: on

text: either

text: potential

text: users

text: of

text: the

text: information

text: or

text: proxies

text: for

text: them

text: which

text: is

text: to

text: say

text: persons

text: who

text: have

text: the

text: same

text: ability

text: to

text: ascertain

text: the

text: information

text: And

text: for

text: purposes

text: of

text: this

text: case

text: those

text: people

text: would

text: be

text: engineers

text: and

text: manufacturers

text: of

text: aircraft

text: parts

text: who

text: have

text: ample

text: means

text: to

text: reverse

text: engineer

text: their

text: competitors

text: products

text: It

text: is

text: by

text: keeping

text: secrets

text: from

text: its

text: rivals

text: that

text: RAPCO

text: captures

text: the

text: returns

text: of

text: its

text: design

text: and

text: testing

text: work

text: Thus

text: it

text: is

text: unnecessary

text: here

text: to

text: decide

text: whether

text: general

text: belongs

text: in

text: front

text: of

text: public

text: for

text: even

text: if

text: it

text: does

text: the

text: economically

text: valuable

text: information

text: is

text: not

text: readily

text: ascertainable

text: to

text: the

text: general

text: public

text: the

text: educated

text: public

text: the

text: economically

text: relevant

text: public

text: or

text: any

text: sensible

text: proxy

text: for

text: these

text: groups

text: Another

text: line

text: of

text: prosecutorial

text: argument

text: starts

text: with

text: the

text: fact

text: that

text: a

text: makes

text: it

text: a

text: crime

text: to

text: attempt

text: to

text: sell

text: trade

text: secrets

text: without

text: the

text: owner

text: s

text: permission

text: Even

text: if

text: Lange

text: did

text: not

text: have

text: real

text: trade

text: secrets

text: in

text: his

text: possession

text: the

text: argument

text: goes

text: he

text: thought

text: he

text: did

text: and

text: therefore

text: may

text: be

text: penalized

text: for

text: an

text: attempted

text: sale

text: The

text: argument

text: finds

text: support

text: in

text: Hsu

text: which

text: held

text: that

text: in

text: order

text: to

text: avoid

text: graymail

text: the

text: threat

text: that

text: to

text: obtain

text: a

text: conviction

text: the

text: prosecutor

text: must

text: disclose

text: the

text: secret

text: by

text: putting

text: it

text: in

text: the

text: trial

text: record

text: a

text: case

text: may

text: be

text: based

text: on

text: a

text: without

text: disclosing

text: all

text: details

text: of

text: the

text: trade

text: secret

text: Accord

text: United

text: States

text: v

text: Pin

text: Yen

text: Yang

text: F

text: d

text: th

text: Cir

text: We

text: agree

text: with

text: the

text: general

text: approach

text: of

text: these

text: decisions

text: Hsu

text: analogized

text: the

text: attempted

text: sale

text: of

text: information

text: believed

text: to

text: be

text: a

text: trade

text: secret

text: to

text: an

text: attempt

text: such

text: as

text: shooting

text: a

text: corpse

text: believing

text: it

text: to

text: be

text: alive

text: or

text: selling

text: sugar

text: believing

text: it

text: to

text: be

text: cocaine

text: Events

text: of

text: this

text: sort

text: underlie

text: the

text: maxim

text: that

text: factual

text: impossibility

text: is

text: no

text: defense

text: to

text: a

text: prosecution

text: for

text: attempt

text: See

text: United

text: States

text: v

text: Bailey

text: F

text: d

text: th

text: Cir

text: United

text: States

text: v

text: Saunders

text: F

text: d

text: th

text: Cir

text: United

text: States

text: v

text: Cotts

text: F

text: d

text: th

text: Cir

text: This

text: does

text: not

text: mean

text: however

text: that

text: the

text: defendant

text: s

text: belief

text: alone

text: can

text: support

text: a

text: conviction

text: All

text: attempt

text: prosecutions

text: depend

text: on

text: demonstrating

text: that

text: the

text: defendant

text: took

text: a

text: substantial

text: step

text: toward

text: completion

text: of

text: the

text: offense

text: which

text: could

text: have

text: been

text: carried

text: out

text: unless

text: thwarted

text: Braxton

text: v

text: United

text: States

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: Although

text: the

text: American

text: Law

text: Institute

text: recommends

text: a

text: definition

text: of

text: attempt

text: linked

text: closely

text: to

text: intent

text: Model

text: Penal

text: Code

text: c

text: the

text: Supreme

text: Court

text: has

text: not

text: embraced

text: this

text: view

text: and

text: demands

text: in

text: cases

text: under

text: federal

text: law

text: that

text: the

text: prosecutor

text: establish

text: a

text: probability

text: of

text: success

text: See

text: e

text: g

text: Spectrum

text: Sports

text: Inc

text: v

text: McQuillan

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: dangerous

text: probability

text: of

text: success

text: is

text: an

text: ingredient

text: of

text: attempted

text: monopolization

text: An

text: attempted

text: murder

text: may

text: be

text: thwarted

text: by

text: substituting

text: a

text: sack

text: of

text: flour

text: for

text: the

text: intended

text: victim

text: a

text: sale

text: of

text: drugs

text: may

text: be

text: thwarted

text: by

text: substituting

text: sugar

text: for

text: cocaine

text: or

text: rock

text: candy

text: for

text: crack

text: These

text: situations

text: present

text: a

text: good

text: chance

text: of

text: success

text: but

text: for

text: the

text: intervention

text: So

text: does

text: the

text: disgruntled

text: former

text: employee

text: who

text: walks

text: out

text: of

text: his

text: former

text: company

text: with

text: a

text: computer

text: diskette

text: full

text: of

text: engineering

text: schematics

text: Hsu

text: F

text: d

text: at

text: a

text: fair

text: description

text: of

text: Lange

text: s

text: conduct

text: though

text: diskettes

text: are

text: obsolete

text: See

text: also

text: United

text: States

text: v

text: Martin

text: F

text: d

text: st

text: Cir

text: A

text: sale

text: of

text: trade

text: secrets

text: may

text: be

text: thwarted

text: by

text: substituting

text: a

text: disk

text: with

text: the

text: collected

text: works

text: of

text: Shakespeare

text: for

text: the

text: disk

text: that

text: the

text: defendant

text: believed

text: contained

text: the

text: plans

text: for

text: brake

text: assemblies

text: or

text: by

text: an

text: inadvertent

text: failure

text: to

text: download

text: the

text: proper

text: file

text: The

text: attempted

text: sale

text: of

text: the

text: disk

text: is

text: a

text: culpable

text: substantial

text: step

text: But

text: it

text: is

text: far

text: less

text: clear

text: that

text: sale

text: of

text: information

text: already

text: known

text: to

text: the

text: public

text: could

text: be

text: deemed

text: a

text: substantial

text: step

text: toward

text: the

text: offense

text: just

text: because

text: the

text: defendant

text: is

text: deluded

text: and

text: does

text: not

text: understand

text: what

text: a

text: trade

text: secret

text: is

text: Selling

text: a

text: copy

text: of

text: Zen

text: and

text: the

text: Art

text: of

text: Motorcycle

text: Maintenance

text: is

text: not

text: attempted

text: economic

text: espionage

text: even

text: if

text: the

text: defendant

text: thinks

text: that

text: the

text: tips

text: in

text: the

text: book

text: are

text: trade

text: secrets

text: nor

text: is

text: sticking

text: pins

text: in

text: voodoo

text: dolls

text: attempted

text: murder

text: Booksellers

text: and

text: practitioners

text: of

text: the

text: occult

text: pose

text: no

text: social

text: dangers

text: certainly

text: of

text: the

text: magnitude

text: of

text: those

text: who

text: are

text: tricked

text: into

text: shooting

text: bags

text: of

text: sand

text: that

text: have

text: been

text: substituted

text: for

text: targets

text: of

text: assassination

text: Lange

text: was

text: more

text: dangerous

text: than

text: our

text: bookseller

text: but

text: much

text: less

text: dangerous

text: than

text: our

text: hypothetical

text: assassin

text: Perhaps

text: data

text: purloined

text: from

text: an

text: ex

text: employer

text: is

text: sufficiently

text: likely

text: to

text: contain

text: trade

text: secrets

text: to

text: justify

text: calling

text: the

text: preparation

text: for

text: sale

text: a

text: substantial

text: step

text: toward

text: completion

text: of

text: the

text: offense

text: and

text: thus

text: a

text: culpable

text: attempt

text: even

text: if

text: the

text: employee

text: stole

text: the

text: wrong

text: data

text: file

text: and

text: did

text: not

text: get

text: his

text: hands

text: on

text: the

text: commercially

text: valuable

text: information

text: We

text: need

text: not

text: pursue

text: the

text: subject

text: beyond

text: noting

text: the

text: plausibility

text: of

text: the

text: claim

text: and

text: its

text: sensitivity

text: to

text: the

text: facts

text: what

text: kind

text: of

text: data

text: did

text: the

text: employee

text: think

text: he

text: stole

text: and

text: so

text: on

text: For

text: it

text: is

text: not

text: necessary

text: to

text: announce

text: a

text: definitive

text: rule

text: about

text: how

text: dangerous

text: the

text: completed

text: acts

text: must

text: be

text: in

text: trade

text: secret

text: cases

text: the

text: judge

text: was

text: entitled

text: to

text: and

text: did

text: find

text: that

text: Lange

text: had

text: real

text: trade

text: secrets

text: in

text: his

text: possession

text: Lange

text: wants

text: us

text: to

text: proceed

text: as

text: if

text: all

text: he

text: tried

text: to

text: sell

text: were

text: measurements

text: that

text: anyone

text: could

text: have

text: taken

text: with

text: calipers

text: after

text: disassembling

text: an

text: original

text: equipment

text: part

text: Such

text: measurements

text: could

text: not

text: be

text: called

text: trade

text: secrets

text: if

text: as

text: Lange

text: asserts

text: the

text: assemblies

text: in

text: question

text: were

text: easy

text: to

text: take

text: apart

text: and

text: measure

text: But

text: no

text: one

text: would

text: have

text: paid

text: for

text: metes

text: and

text: bounds

text: while

text: Lange

text: told

text: his

text: customers

text: that

text: the

text: data

text: on

text: offer

text: were

text: worth

text: more

text: than

text: that

text: asking

text: price

text: Which

text: they

text: were

text: What

text: Lange

text: had

text: and

text: tried

text: to

text: sell

text: were

text: the

text: completed

text: specifications

text: and

text: engineering

text: diagrams

text: that

text: reflected

text: all

text: the

text: work

text: completed

text: after

text: the

text: measurements

text: had

text: been

text: taken

text: the

text: metallurgical

text: data

text: details

text: of

text: the

text: sintering

text: the

text: results

text: of

text: the

text: tests

text: the

text: plans

text: needed

text: to

text: produce

text: the

text: finished

text: goods

text: everything

text: required

text: to

text: get

text: FAA

text: certification

text: of

text: a

text: part

text: supposedly

text: identical

text: to

text: one

text: that

text: had

text: been

text: approved

text: Those

text: details

text: derive

text: d

text: independent

text: economic

text: value

text: actual

text: or

text: potential

text: from

text: not

text: being

text: generally

text: known

text: to

text: and

text: not

text: being

text: readily

text: ascertainable

text: through

text: proper

text: means

text: by

text: the

text: public

text: Every

text: firm

text: other

text: than

text: the

text: original

text: equipment

text: manufacturer

text: and

text: RAPCO

text: had

text: to

text: pay

text: dearly

text: to

text: devise

text: test

text: and

text: win

text: approval

text: of

text: similar

text: parts

text: the

text: details

text: unknown

text: to

text: the

text: rivals

text: and

text: not

text: discoverable

text: with

text: tape

text: measures

text: had

text: considerable

text: independent

text: economic

text: value

text: from

text: not

text: being

text: generally

text: known

text: A

text: sensible

text: trier

text: of

text: fact

text: could

text: determine

text: that

text: Lange

text: tried

text: to

text: sell

text: trade

text: secrets

text: It

text: was

text: his

text: customer

text: s

text: cooperation

text: with

text: the

text: FBI

text: and

text: not

text: public

text: access

text: to

text: the

text: data

text: that

text: prevented

text: closing

text: of

text: the

text: sale

text: Thirty

text: months

text: imprisonment

text: is

text: the

text: sentence

text: Lange

text: is

text: serving

text: Not

text: much

text: as

text: sentences

text: go

text: these

text: days

text: but

text: Lange

text: says

text: it

text: is

text: too

text: high

text: He

text: protests

text: two

text: decisions

text: that

text: influenced

text: its

text: length

text: first

text: the

text: district

text: judge

text: s

text: conclusion

text: that

text: he

text: used

text: special

text: skill

text: which

text: adds

text: two

text: levels

text: under

text: U

text: S

text: S

text: G

text: B

text: second

text: the

text: judge

text: s

text: refusal

text: to

text: deduct

text: two

text: levels

text: for

text: acceptance

text: of

text: responsibility

text: under

text: U

text: S

text: S

text: G

text: E

text: Appellate

text: review

text: of

text: these

text: contentions

text: is

text: deferential

text: see

text: U

text: S

text: C

text: e

text: Buford

text: v

text: United

text: States

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: United

text: States

text: v

text: Gomez

text: F

text: d

text: th

text: Cir

text: and

text: the

text: district

text: judge

text: did

text: not

text: abuse

text: his

text: discretion

text: The

text: judge

text: concluded

text: that

text: Lange

text: s

text: knowledge

text: as

text: a

text: drafter

text: he

text: has

text: an

text: associate

text: s

text: degree

text: in

text: graphic

text: design

text: and

text: his

text: ability

text: to

text: manipulate

text: drawings

text: in

text: AutoCAD

text: were

text: special

text: skills

text: that

text: facilitated

text: the

text: offense

text: The

text: former

text: enabled

text: Lange

text: to

text: select

text: and

text: lay

text: his

text: hands

text: on

text: commercially

text: valuable

text: data

text: the

text: latter

text: helped

text: facilitate

text: its

text: sale

text: and

text: concealment

text: When

text: negotiating

text: for

text: the

text: sale

text: Lange

text: used

text: AutoCAD

text: to

text: remove

text: all

text: of

text: RAPCO

text: s

text: identifying

text: marks

text: and

text: replace

text: them

text: with

text: the

text: logos

text: and

text: other

text: details

text: of

text: the

text: potential

text: customer

text: so

text: that

text: the

text: buyer

text: could

text: submit

text: the

text: drawings

text: to

text: the

text: FAA

text: as

text: its

text: own

text: That

text: manipulation

text: would

text: have

text: made

text: the

text: package

text: more

text: attractive

text: to

text: any

text: buyer

text: and

text: thus

text: facilitated

text: the

text: offense

text: Lange

text: relies

text: on

text: Application

text: Note

text: to

text: B

text: Special

text: skill

text: refers

text: to

text: a

text: skill

text: not

text: possessed

text: by

text: members

text: of

text: the

text: general

text: public

text: and

text: usually

text: requiring

text: substantial

text: education

text: training

text: or

text: licensing

text: Examples

text: would

text: include

text: pilots

text: lawyers

text: doctors

text: accountants

text: chemists

text: and

text: demolition

text: experts

text: Sure

text: he

text: had

text: training

text: Lange

text: concedes

text: but

text: not

text: as

text: extensive

text: as

text: a

text: chemist

text: s

text: That

text: cannot

text: be

text: denied

text: an

text: associate

text: s

text: degree

text: and

text: knowledge

text: of

text: even

text: so

text: complex

text: a

text: software

text: package

text: as

text: AutoCAD

text: can

text: be

text: obtained

text: in

text: less

text: time

text: than

text: a

text: college

text: degree

text: But

text: the

text: district

text: court

text: did

text: not

text: commit

text: a

text: clear

text: error

text: in

text: finding

text: that

text: Lange

text: had

text: skills

text: not

text: possessed

text: by

text: members

text: of

text: the

text: general

text: public

text: this

text: time

text: public

text: does

text: mean

text: general

text: public

text: United

text: States

text: v

text: Lewis

text: F

text: d

text: th

text: Cir

text: makes

text: the

text: point

text: Lewis

text: holds

text: that

text: an

text: enhancement

text: under

text: B

text: may

text: be

text: proper

text: for

text: someone

text: whose

text: special

text: skill

text: is

text: ability

text: to

text: drive

text: an

text: wheel

text: truck

text: making

text: off

text: with

text: the

text: load

text: with

text: which

text: he

text: had

text: been

text: entrusted

text: Drafting

text: skills

text: including

text: the

text: use

text: of

text: AutoCAD

text: are

text: not

text: possessed

text: by

text: members

text: of

text: the

text: general

text: public

text: require

text: time

text: to

text: master

text: and

text: played

text: a

text: central

text: role

text: in

text: the

text: offense

text: A

text: mechanical

text: drafter

text: is

text: in

text: the

text: same

text: category

text: as

text: a

text: pilot

text: or

text: demolition

text: expert

text: for

text: those

text: skills

text: too

text: may

text: be

text: learned

text: outside

text: the

text: academy

text: The

text: enhancement

text: was

text: proper

text: As

text: for

text: acceptance

text: of

text: responsibility

text: this

text: reduction

text: usually

text: rewards

text: a

text: guilty

text: plea

text: but

text: Lange

text: went

text: to

text: trial

text: Even

text: on

text: appeal

text: Lange

text: contends

text: that

text: he

text: is

text: not

text: guilty

text: and

text: asks

text: us

text: to

text: reverse

text: his

text: conviction

text: That

text: does

text: not

text: qualify

text: as

text: acceptance

text: of

text: responsibility

text: Nor

text: does

text: it

text: fall

text: within

text: the

text: special

text: case

text: see

text: E

text: Application

text: Note

text: of

text: pleading

text: not

text: guilty

text: only

text: to

text: obtain

text: a

text: ruling

text: on

text: a

text: contested

text: legal

text: issue

text: Lange

text: argued

text: and

text: still

text: argues

text: factual

text: as

text: well

text: as

text: legal

text: innocence

text: His

text: legal

text: points

text: could

text: have

text: been

text: preserved

text: with

text: a

text: conditional

text: guilty

text: plea

text: on

text: stipulated

text: facts

text: but

text: instead

text: Lange

text: chose

text: to

text: put

text: the

text: prosecution

text: to

text: its

text: proof

text: What

text: is

text: more

text: he

text: hardly

text: fits

text: the

text: profile

text: of

text: one

text: who

text: has

text: learned

text: his

text: lesson

text: Lange

text: consulted

text: an

text: attorney

text: before

text: offering

text: RAPCO

text: s

text: data

text: for

text: sale

text: Counsel

text: told

text: him

text: that

text: he

text: absolutely

text: should

text: not

text: sell

text: the

text: data

text: armed

text: with

text: that

text: knowledge

text: Lange

text: went

text: ahead

text: and

text: tried

text: to

text: complete

text: the

text: sale

text: After

text: being

text: caught

text: Lange

text: committed

text: new

text: offenses

text: He

text: was

text: directed

text: by

text: a

text: grand

text: jury

text: subpoena

text: and

text: required

text: by

text: the

text: civil

text: law

text: to

text: return

text: the

text: stolen

text: data

text: He

text: feigned

text: compliance

text: while

text: retaining

text: an

text: electronic

text: copy

text: Then

text: he

text: tried

text: to

text: persuade

text: a

text: friend

text: who

text: knew

text: the

text: truth

text: to

text: lie

text: to

text: the

text: grand

text: jury

text: Only

text: when

text: this

text: effort

text: was

text: revealed

text: the

text: friend

text: turned

text: a

text: damning

text: voice

text: mail

text: message

text: over

text: to

text: the

text: FBI

text: did

text: Lange

text: finally

text: clean

text: his

text: hard

text: drive

text: of

text: RAPCO

text: s

text: intellectual

text: property

text: For

text: this

text: escapade

text: Lange

text: received

text: a

text: two

text: level

text: enhancement

text: for

text: obstructing

text: justice

text: U

text: S

text: S

text: G

text: C

text: An

text: obstruction

text: of

text: justice

text: enhancement

text: generally

text: and

text: here

text: is

text: incompatible

text: with

text: an

text: acceptance

text: of

text: responsibility

text: reduction

text: U

text: S

text: S

text: G

text: E

text: Application

text: Note

text: Affirmed

text: I

text: concur

text: in

text: the

text: judgment

text: of

text: the

text: court

text: I

text: write

text: separately

text: because

text: the

text: panel

text: majority

text: s

text: opinion

text: deals

text: with

text: several

text: matters

text: that

text: are

text: not

text: necessarily

text: raised

text: by

text: this

text: case

text: and

text: in

text: my

text: view

text: it

text: is

text: imprudent

text: to

text: confront

text: these

text: issues

text: prematurely

text: The

text: panel

text: majority

text: notes

text: that

text: the

text: Economic

text: Espionage

text: Act

text: in

text: defining

text: trade

text: secret

text: includes

text: as

text: an

text: ingredient

text: that

text: the

text: information

text: derives

text: independent

text: economic

text: value

text: actual

text: or

text: potential

text: from

text: not

text: being

text: generally

text: known

text: to

text: and

text: not

text: being

text: readily

text: ascertainable

text: through

text: proper

text: means

text: by

text: the

text: public

text: U

text: S

text: C

text: B

text: This

text: portion

text: of

text: the

text: definition

text: of

text: a

text: trade

text: secret

text: differs

text: markedly

text: from

text: the

text: definition

text: found

text: in

text: the

text: Uniform

text: Trade

text: Secrets

text: Act

text: The

text: analogous

text: language

text: found

text: at

text: section

text: of

text: the

text: Uniform

text: Act

text: provides

text: that

text: the

text: information

text: must

text: derive

text: independent

text: economic

text: value

text: actual

text: or

text: potential

text: from

text: not

text: being

text: generally

text: known

text: to

text: and

text: not

text: being

text: readily

text: ascertainable

text: by

text: proper

text: means

text: by

text: other

text: persons

text: who

text: can

text: obtain

text: economic

text: value

text: from

text: its

text: disclosure

text: or

text: use

text: Unif

text: Trade

text: Secrets

text: Act

text: amended

text: U

text: L

text: A

text: The

text: panel

text: majority

text: declares

text: that

text: this

text: textual

text: difference

text: is

text: of

text: no

text: significance

text: because

text: the

text: phrase

text: the

text: public

text: in

text: the

text: federal

text: statute

text: is

text: simply

text: shorthand

text: for

text: the

text: longer

text: phrase

text: of

text: the

text: Uniform

text: Act

text: Therefore

text: the

text: panel

text: majority

text: concludes

text: the

text: public

text: ought

text: to

text: be

text: read

text: the

text: economically

text: relevant

text: public

text: Op

text: at

text: Because

text: Mr

text: Lange

text: offered

text: information

text: that

text: was

text: unknown

text: to

text: both

text: competitors

text: and

text: to

text: the

text: general

text: public

text: there

text: is

text: no

text: reason

text: to

text: confront

text: this

text: issue

text: in

text: this

text: case

text: and

text: because

text: the

text: correctness

text: of

text: the

text: panel

text: majority

text: s

text: reading

text: of

text: the

text: evidence

text: is

text: not

text: self

text: evident

text: we

text: ought

text: not

text: to

text: reject

text: out

text: of

text: hand

text: the

text: position

text: of

text: the

text: United

text: States

text: when

text: there

text: is

text: no

text: necessity

text: to

text: do

text: so

text: The

text: panel

text: majority

text: bases

text: its

text: reading

text: of

text: the

text: federal

text: statute

text: on

text: its

text: conclusion

text: that

text: s

text: ection

text: was

text: derived

text: from

text: the

text: definition

text: of

text: a

text: trade

text: secret

text: in

text: the

text: Uniform

text: Trade

text: Secrets

text: Act

text: Op

text: at

text: An

text: examination

text: of

text: the

text: House

text: Report

text: accompanying

text: the

text: statute

text: describes

text: however

text: a

text: somewhat

text: more

text: nuanced

text: relationship

text: between

text: the

text: two

text: definitions

text: Notably

text: the

text: Report

text: states

text: that

text: the

text: definition

text: of

text: trade

text: secret

text: in

text: the

text: federal

text: statute

text: is

text: based

text: largely

text: on

text: the

text: definition

text: of

text: that

text: term

text: in

text: the

text: Uniform

text: Trade

text: Secrets

text: Act

text: H

text: R

text: Rep

text: No

text: at

text: U

text: S

text: Code

text: Cong

text: Admin

text: News

text: The

text: report

text: goes

text: on

text: to

text: say

text: in

text: the

text: paragraphs

text: immediately

text: following

text: that

text: information

text: which

text: is

text: generally

text: known

text: to

text: the

text: public

text: or

text: which

text: the

text: public

text: can

text: readily

text: ascertain

text: through

text: proper

text: means

text: does

text: not

text: satisfy

text: the

text: definition

text: of

text: trade

text: secret

text: under

text: this

text: section

text: Id

text: at

text: U

text: S

text: Code

text: Cong

text: Admin

text: News

text: at

text: Our

text: normal

text: approach

text: to

text: statutory

text: interpretation

text: is

text: to

text: assume

text: that

text: Congress

text: intended

text: what

text: it

text: wrote

text: Here

text: the

text: words

text: of

text: the

text: statute

text: are

text: clear

text: on

text: their

text: face

text: Moreover

text: the

text: pertinent

text: legislative

text: history

text: supports

text: reliance

text: on

text: the

text: plain

text: wording

text: Cf

text: Griffin

text: v

text: Oceanic

text: Contractors

text: Inc

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: Resort

text: to

text: the

text: legislative

text: history

text: therefore

text: merely

text: confirms

text: that

text: Congress

text: intended

text: the

text: statute

text: to

text: mean

text: exactly

text: what

text: its

text: plain

text: language

text: says

text: Congress

text: used

text: the

text: Uniform

text: Act

text: s

text: definition

text: of

text: trade

text: secret

text: as

text: a

text: guide

text: but

text: it

text: did

text: not

text: adopt

text: it

text: Instead

text: Congress

text: made

text: its

text: own

text: choices

text: as

text: to

text: those

text: aspects

text: of

text: the

text: Uniform

text: Act

text: s

text: definition

text: that

text: ought

text: to

text: be

text: adopted

text: and

text: those

text: that

text: needed

text: alteration

text: before

text: incorporation

text: into

text: the

text: federal

text: statute

text: I

text: see

text: no

text: reason

text: to

text: reject

text: so

text: swiftly

text: and

text: gratuitously

text: the

text: plain

text: wording

text: of

text: the

text: statute

text: the

text: supportive

text: legislative

text: history

text: the

text: interpretation

text: of

text: the

text: Court

text: of

text: Appeals

text: for

text: the

text: Third

text: Circuit

text: in

text: United

text: States

text: v

text: Hsu

text: F

text: d

text: d

text: Cir

text: and

text: the

text: interpretation

text: of

text: the

text: Executive

text: Branch

text: set

text: forth

text: in

text: the

text: Government

text: s

text: brief

text: I

text: would

text: also

text: defer

text: announcing

text: any

text: limitations

text: on

text: the

text: law

text: of

text: attempt

text: as

text: it

text: applies

text: to

text: the

text: Economic

text: Espionage

text: Act

text: in

text: advance

text: of

text: the

text: necessity

text: of

text: doing

text: so

text: The

text: considered

text: judgment

text: of

text: another

text: circuit

text: to

text: the

text: contrary

text: particularly

text: counsels

text: restraint

text: in

text: this

text: respect

text: See

text: Hsu

text: F

text: d

text: at

text: In

text: this

text: case

text: there

text: is

text: no

text: question

text: that

text: the

text: information

text: Mr

text: Lange

text: offered

text: for

text: sale

text: was

text: a

text: trade

text: secret

text: We

text: therefore

text: need

text: not

text: decide

text: whether

text: a

text: defendant

text: can

text: be

text: found

text: guilty

text: of

text: an

text: attempt

text: when

text: no

text: such

text: secret

text: exists

text: For

text: these

text: reasons

text: I

text: concur

text: in

text: the

text: judgment

text: but

text: must

text: respectfully

text: decline

text: from

text: joining

text: the

text: panel

text: discussion

text: of

text: matters

text: not

text: necessary

text: for

text: decision

text: today

text: especially

text: when

text: the

text: correctness

text: of

text: those

text: pronouncements

text: is

text: questionable

text: FOOTNOTES

text: FOOTNOTE

text: This

text: opinion

text: the

text: circuit

text: s

text: first

text: encounter

text: with

text: the

text: Economic

text: Espionage

text: Act

text: of

text: was

text: circulated

text: before

text: release

text: to

text: all

text: active

text: judges

text: under

text: Circuit

text: Rule

text: e

text: Circuit

text: Judge

text: Ripple

text: favored

text: a

text: hearing

text: en

text: banc

text: I

text: note

text: that

text: legislative

text: history

text: is

text: employed

text: here

text: merely

text: to

text: confirm

text: the

text: plain

text: wording

text: of

text: the

text: statutory

text: language

text: in

text: the

text: face

text: of

text: a

text: reading

text: that

text: can

text: find

text: no

text: justification

text: in

text: the

text: plain

text: wording

text: the

text: legislative

text: history

text: or

text: any

text: other

text: recognized

text: tool

text: of

text: statutory

text: construction

text: EASTERBROOK

text: Circuit

text: Judge