Fool Me Once: U.S. v. Aleynikov and the Theft of Trade Secrets Clarification Act of 2012

This Note analyzes the effect of the Theft of Trade Secrets Clarification Act ("TTSCA"), and argues that Congress should continue to cast a watchful eye on the Economic Espionage Act ("EEA"). Section I examines the EEA in detail, including its rocky history with the void for vagueness doctrine. Section II details the plight of Sergey Aleynikov and his arduous path through the federal court system, culminating in his recent arrest under New York State law. Section III examines the TTSCA’s scope and the unintended concomitant confusion it created in Agrawal — tried under one version of the EEA, but likely to be decided under another ex post facto. Finally, Section IV analyzes potential outcomes in the Agrawal case and argues that federal preemption is crucial to the healthy operation of the EEA. In order to ensure justice under the EEA, federal preemption — rather than the uncertainty of a mixed bag of state statutes — is necessary.