I Spy With My Legislative Eye

Remarks on the Defend Trade Secrets Act of 2015

Vault.pngby Gwen Wei

On April 4, 2016, the Senate approved Bill S. 1890, the Defend Trade Secrets Act of 2015 (“DTSA”) with a vote of 87-0. While major media outlets everywhere greeted this show of bipartisan support with well-deserved astonishment, legal professionals focused on a single question: will such an act be worth its costs?

Since the 1970s, practitioners and academics have clamored for a federal remedy specific to trade secret theft. Such demands have only grown with time: in 2013, the Obama administration released a 140-page report. In it, the administration recognized the exponential increase in trade secret theft from U.S. corporations and in international economic espionage, and contemplated solutions to this increasingly charged issue.

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