Bloomberg Law: Privacy & Data Security brings you single-source access to the expertise of Bloomberg Law’s privacy and data security editorial team, contributing practitioners,...
Dec. 4 — Within five years at least one large company will file a federal court complaint against another company that has received trade secrets via cyberespionage, Stewart Baker, former National Security Agency general counsel, predicted Dec. 4.
The online theft of intellectual property from companies continues to be a major international issue, Baker, who is now a partner at Steptoe & Johnson LLP in Washington, said at an American Bar Association Standing Committee on Law and National Security event.
There has been some progress, he said, noting the recent U.S. and China agreement to improve cooperation on cybercrime and China's announcement that it had arrested hackers it said were responsible for the hack of the U.S. Office of Personnel Management.
In September, Baker had expressed some skepticism about Chinese President Xi Jinping's pledge not to engage in commercial espionage, describing the deal as positive and a step in the right direction but saying that some of the trade secret theft may be carried out by freelancing Peoples' Liberation Army generals who sell these secrets to companies for personal enrichment.
Baker also praised the Obama Administration's aggressiveness in building an international norm, agreed to by all G20 countries, that denouncing cyberattacks aimed at intellectual property for commercial gain.. The U.S. ability to attribute cyberattacks and sanction companies that receive and profit from stolen trade secrets has also improved, Baker said.
In addition, he said, the new Trans-Pacific Partnership includes remedies for the cybertheft of trade secrets..
Congress continues to debate the Cybersecurity Information Sharing Act, which the Senate is reconciling with two House-passed bills from earlier in the year, and isn't expected to be completed until 2016.
The bill includes controversial language that would provide immunity to companies that share cyberthreat data with the government through a portal at the Department of Homeland Security, with one aim being able to more effectively preventing intellectual property theft.
Baker served as the first DHS assistant secretary for policy.
To contact the reporter on this story: George R. Lynch in Washington at email@example.com
To contact the editor responsible for this story: Donald G. Aplin at firstname.lastname@example.org
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)