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S. 1556

Industrial Espionage Act of 1996

Industrial Espionage Act of 1996 - Amends the Federal criminal code to prohibit, with the intent to injure any owner of proprietary economic information having a value of at least $100,000 and to convert it to his or another's use or benefit, knowingly: (1) stealing or, without authorization, taking such information; (2) reproducing, delivering, or communicating such information without authorization; (3) receiving, buying, or possessing such information knowing it to have been taken or converted without authorization; or (4) attempting, soliciting another, or conspiring to commit such an offense. Prescribes a fine of up to $250,000 and up to ten years' imprisonment for individuals, and a fine of up to the greater of $10 million or twice the economic value of the information for corporations, for violations of this Act. Provides for the forfeiture of property that is used to commit such violation or that constitutes or is derived from proceeds obtained as the result of such violation.

Authorizes: (1) the President, to the extent consistent with international agreements, to prohibit for up to five years the importation or exportation of merchandise produced, made, assembled, or manufactured by a person convicted of any such offense, or in the case of an organization convicted of such offense, its successor entity or entities; and (2) the Secretary of the Treasury to impose a civil penalty of up to the greater of five times the value of the exports or imports involved or $100,000 for violations of any such presidential order. Subjects any merchandise imported or exported in violation of such an order subject to seizure and forfeiture.

Sets forth provisions regarding: (1) the applicability of this Act outside the United States; (2) the preservation of confidentiality of proprietary economic information in judicial proceedings under this Act; and (3) use of a violation of this Act as a predicate offense under any other law.

Includes economic espionage among the offenses with respect to which the Attorney General may authorize an application for, and a Federal judge may grant, an order authorizing interception of wire, oral, or electronic communications.

By Senator Hatch from Committee on Judiciary filed written report under the authority of the order of Aug 2, 96. Report No. 104-359.

Sen. Kohl, Herb [D-WI](D-WI)Sponsor
2 cosponsors1 D1 R
2cosponsors1committees9actions26subjects
  1. Floor

    By Senator Hatch from Committee on Judiciary filed written report under the authority of the order of Aug 2, 96. Report No. 104-359.

    Judiciary Committee
  2. Committee14900

    By Senator Hatch from Committee on Judiciary filed written report under the authority of the order of Aug 2, 96. Report No. 104-359.

    Judiciary Committee
  3. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 546.

  4. Committee

    Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  5. Committee14000

    Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  6. Committee

    Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  7. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  8. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S740-741)

  9. IntroReferral10000

    Introduced in Senate

Jul 30, 199601

Industrial Espionage Act of 1996 - Amends the Federal criminal code to prohibit, with the intent to injure any owner of proprietary economic information having a value of at least $100,000 and to convert it to his or another's use or benefit, knowingly: (1) stealing or, without authorization, taking such information; (2) reproducing, delivering, or communicating such information without authorization; (3) receiving, buying, or possessing such information knowing it to have been taken or converted without authorization; or (4) attempting, soliciting another, or conspiring to commit such an offense. Prescribes a fine of up to $250,000 and up to ten years' imprisonment for individuals, and a fine of up to the greater of $10 million or twice the economic value of the information for corporations, for violations of this Act. Provides for the forfeiture of property that is used to commit such violation or that constitutes or is derived from proceeds obtained as the result of such violation.

Authorizes: (1) the President, to the extent consistent with international agreements, to prohibit for up to five years the importation or exportation of merchandise produced, made, assembled, or manufactured by a person convicted of any such offense, or in the case of an organization convicted of such offense, its successor entity or entities; and (2) the Secretary of the Treasury to impose a civil penalty of up to the greater of five times the value of the exports or imports involved or $100,000 for violations of any such presidential order. Subjects any merchandise imported or exported in violation of such an order subject to seizure and forfeiture.

Sets forth provisions regarding: (1) the applicability of this Act outside the United States; (2) the preservation of confidentiality of proprietary economic information in judicial proceedings under this Act; and (3) use of a violation of this Act as a predicate offense under any other law.

Includes economic espionage among the offenses with respect to which the Attorney General may authorize an application for, and a Federal judge may grant, an order authorizing interception of wire, oral, or electronic communications.

Feb 1, 199600

Industrial Espionage Act of 1996 - Amends the Federal criminal code to impose penalties upon individuals or corporations that, with the intent to injure any owner of proprietary economic information having a value of not less than $100,000 that is produced for, or placed in, interstate commerce or to convert it to his or her own direct use or benefit or to that of another, knowingly engage in specified activities, such as stealing, wrongfully copying, or possessing such information, or attempting, soliciting, or conspiring to commit such offenses.

Provides for the forfeiture of any property that is used to commit, or that constitutes or is derived from any proceeds obtained as the result of, such violation.

Authorizes: (1) the President to prohibit for a period of up to three years the importation into, or exportation from, the United States of any product produced, made, assembled, or manufactured by a person convicted of any such offense; and (2) the Attorney General to impose a civil penalty (after notice and opportunity for a hearing on the record) not to exceed five times the value of the exports or imports involved or $100,000, whichever is greater, against any person who knowingly violates any such presidential order.

Sets forth provisions regarding: (1) extraterritoriality; (2) construction with other laws; (3) confidentiality; and (4) law enforcement and intelligence activities.

Includes economic espionage among the offenses with respect to which the Attorney General may authorize an application for, and a Federal judge may grant, an order authorizing interception of wire, oral, or electronic communications.