White House Strategy On Mitigating The Theft Of U.S. Trade Secrets

Via the White House website:

Today, I am pleased to announce the Administration’s Strategy on Mitigating the Theft of U.S. Trade Secrets. Trade secret theft can cripple a company’s competitive advantage in foreign markets, diminish export prospects around the globe, and put American jobs in jeopardy. The President is committed to preventing the theft of corporate trade secrets. As he clearly expressed in his State of the Union Speech, “we cannot look back years from now and wonder why we did nothing in the face of real threats to our security and our economy.”

The Strategy that we are releasing today coordinates and improves U.S. Government efforts to protect the innovation that drives the American economy and supports jobs in the United States. As the Strategy lays out, we are taking a whole of government approach to stop the theft of trade secrets by foreign competitors or foreign governments by any means – cyber or otherwise.

• First, we will increase our diplomatic engagement. Specifically, we will convey our concerns to countries where there are high incidents of trade secret theft with coordinated and sustained messages from the most senior levels of the Administration. We will build coalitions with countries that share our concerns to support our efforts. We will urge foreign law enforcement to do more. And we will use our trade policy tools to press other governments for better protection and enforcement.
• Second, we will support industry-led efforts to develop best practices to protect trade secrets and encourage companies to share with each other best practices that can mitigate the risk of trade secret theft.
• Third, DOJ will continue to make the investigation and prosecution of trade secret theft by foreign competitors and foreign governments a top priority. Additionally, the FBI and the intelligence community will provide warnings and threat assessments to the private sector on information and technology that are being targeted for theft by foreign competitors and foreign governments.
• Fourth, President Obama recently signed two pieces of legislation that will improve enforcement against trade secret theft. But we need to continue to make sure our laws are as effective as possible. So, moving forward, we will conduct a review of our laws to determine if further changes are needed to enhance enforcement. If changes are necessary, we will work with Congress to make those changes lasting and comprehensive.
• Lastly, we will increase public awareness of the threats and risks to the U.S. economy posed by trade secret theft.

We know that trade secrets play a crucial role in America’s global competitiveness. As the Strategy makes clear, the Administration will continue to act vigorously to combat the theft of American trade secrets that could be used by foreign companies or foreign governments to gain an unfair commercial advantage over U.S. companies. In order to continue to lead, succeed, and prosper in the 21st Century global economy, we will use this Strategy to put in place an effective and coordinated approach to protect American trade secrets.