An Open Letter to the Sponsors of the Revised Defend Trade Secrets Act

6 Pages Posted: 7 Dec 2015

See all articles by David S. Levine

David S. Levine

Elon University School of Law; Stanford University - Center for Internet and Society

Sharon K. Sandeen

Mitchell Hamline School of Law; Hanken School of Economics

Date Written: August 3, 2015

Abstract

We write to express our continued concerns about the Defend Trade Secrets Act (“DTSA”) and our willingness to assist you in determining how best to improve enforcement of legitimate trade secret rights. Unfortunately, the new DTSA appears to simply combine many of the provisions of the two pieces of legislation that were introduced in 2014 (S. 2267 and H.R. 5233). As a result, it addresses few of the concerns raised in the January 2015 article and the August 2014 letter. Moreover, the sponsors have failed to explain how the DTSA improves existing trade secret law, nor how it will specifically address the harms that it purports to mitigate. Thus, the August 2014 letter and January 2015 article remain highly relevant to an analysis of the DTSA’s benefits and drawbacks.

Keywords: trade secrets, innovation, cyberespionage, cybersecurity, intellectual property

JEL Classification: K1

Suggested Citation

Levine, David S. and Sandeen, Sharon K., An Open Letter to the Sponsors of the Revised Defend Trade Secrets Act (August 3, 2015). Available at SSRN: https://ssrn.com/abstract=2699763 or http://dx.doi.org/10.2139/ssrn.2699763

David S. Levine (Contact Author)

Elon University School of Law ( email )

201 N. Greene Street
Greensboro, NC 27401
United States

HOME PAGE: http://hearsayculture.com

Stanford University - Center for Internet and Society ( email )

Palo Alto, CA 94305-8610
United States

HOME PAGE: http://cyberlaw.stanford.edu/blogs/levine/

Sharon K. Sandeen

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

Hanken School of Economics ( email )

P.O. Box 479
FI-00101 Helsinki, 00101
Finland

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