Corporate Spying: The Legal Aspects
William A. Zucker, Gadsby Hannah LLP
Scott Nathan, Independent Consultant
A Series of Questions and a Hypothetical
The Common Law Remedies and Approaches
The Concept of Proprietary Rights: Trade Secrets
The Employee and the Concept of Fiduciary Duty
The Contemporaneous Transmission Requirement
Konop v. Hawaiian Airlines, Inc.
Electronic Storage: Backup Files
Electronic Storage: Temporarily Stored Communications
The Computer Fraud and Abuse Act
Prohibited Behavior and Damages
Its Application to WebCrawling and Bots
Economic Espionage Act of 1996
The Digital Millennium Copyright Act
Circumventing Technology Measures
Exceptions to the Prohibitions on Technology Circumvention
Impact of Recent RIAA and Other Litigation
Corporate Spying on the Individual
Competing Interests: Businesses and Individuals
Electronic Surveillance and Privacy: Reasonable Expectations
Government Spying and Businesses: The USA PATRIOT Act
Terrorism and Financial Institutions
Compulsory and Voluntary Cooperation Between Business and Government
INTRODUCTION
When we think of spying, we think of James Bond or the characters in a John LeCarre novel. It is always covert. Its justifications are found in global national concerns and values. However, spying ...
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