Can American companies still practice safe searches?

Abstract

Although the Economic Espionage Act of 1996 greatly broadened the definition of “trade secrets” whose misappropriation can trigger criminal penalties, businesses still must keep abreast of the capabilities, vulnerabilities, and intentions of their rivals if they are to remain competitive. Fortunately, the Act does not, in fact, hamstring aggressive intelligence gathering—as long as CI professionals recognize the legal boundaries and apply common sense when in the field. Smart analysis of available data, after all, remains fair game. To navigate gray areas, identify yourself when soliciting information. Be wary of specialized information from suppliers, joint-venture partners, new employees, or job candidates that may legally belong to a competitor. If you know the target company is treating information as confidential, don't ask for it. Observe basic safe-search limits, and you can remain an aggressive competitor. © 1997 John Wiley & Sons, Inc.