A Short Review of the Economic Espionage Act Debate - Competitive Intelligence
2024-03-29T15:55:32Z
http://competitiveintelligence.ning.com/forum/topics/a-short-review-of-the-economic?commentId=2036441%3AComment%3A32270&feed=yes&xn_auth=no
OSINT is good enough.
OSINT…
tag:competitiveintelligence.ning.com,2010-04-26:2036441:Comment:32408
2010-04-26T14:04:49.366Z
Vivek Raghuvanshi
http://competitiveintelligence.ning.com/profile/VivekRaghuvanshi
OSINT is good enough.<br />
<br />
OSINT lets you analyze using others wisdom<br />
<br />
But do MNC's really rely on OSINT?
OSINT is good enough.<br />
<br />
OSINT lets you analyze using others wisdom<br />
<br />
But do MNC's really rely on OSINT?
Let me add from yesterday's c…
tag:competitiveintelligence.ning.com,2010-04-24:2036441:Comment:32319
2010-04-24T05:20:51.644Z
Tadeusz Lemańczyk
http://competitiveintelligence.ning.com/profile/TadeuszLemanczyk
Let me add from yesterday's comment of Monika Zalewska ( <a href="http://fedcba.ning.com/profile/MonikaZalewska" target="_blank">http://fedcba.ning.com/profile/MonikaZalewska</a> ), one of those Polish students, the following words:<br />
<br />
<b><i>for a considerable part of society (and especially in "the battle" called business, which is nowadays played all over the world) moral rules simply don't exist</i></b><br />
[<i>dla sporej części społeczeństwa (a szczególnie w prowadzonej dziś na całym świecie…</i>
Let me add from yesterday's comment of Monika Zalewska ( <a href="http://fedcba.ning.com/profile/MonikaZalewska" target="_blank">http://fedcba.ning.com/profile/MonikaZalewska</a> ), one of those Polish students, the following words:<br />
<br />
<b><i>for a considerable part of society (and especially in "the battle" called business, which is nowadays played all over the world) moral rules simply don't exist</i></b><br />
[<i>dla sporej części społeczeństwa (a szczególnie w prowadzonej dziś na całym świecie "bitwie", jaką jest biznes) prawo moralne zwyczajnie nie istnieje</i>]<br />
<a href="http://fedcba.ning.com/xn/detail/2516803:Comment:10571" target="_blank">http://fedcba.ning.com/xn/detail/2516803:Comment:10571</a>
Interesting read. Thanks for…
tag:competitiveintelligence.ning.com,2010-04-23:2036441:Comment:32302
2010-04-23T16:38:22.834Z
Jeremy Benjacob-Fuller
http://competitiveintelligence.ning.com/profile/JeremyBenjacobFuller
Interesting read. Thanks for the post Arik.
Interesting read. Thanks for the post Arik.
Not ethics differentiates Com…
tag:competitiveintelligence.ning.com,2010-04-23:2036441:Comment:32286
2010-04-23T05:56:49.693Z
Tadeusz Lemańczyk
http://competitiveintelligence.ning.com/profile/TadeuszLemanczyk
Not <b>ethics</b> differentiates <i>Competitive Intelligence</i> from <i>Industrial Espionage</i> [thanks to you, <i>Industrial Espionage</i> outlined anew by me to my Polish students yesterday ( <a href="http://fedcba.ning.com/xn/detail/2516803:Comment:10547" target="_blank">http://fedcba.ning.com/xn/detail/2516803:Comment:10547</a> )] but <b>law</b>.
Not <b>ethics</b> differentiates <i>Competitive Intelligence</i> from <i>Industrial Espionage</i> [thanks to you, <i>Industrial Espionage</i> outlined anew by me to my Polish students yesterday ( <a href="http://fedcba.ning.com/xn/detail/2516803:Comment:10547" target="_blank">http://fedcba.ning.com/xn/detail/2516803:Comment:10547</a> )] but <b>law</b>.
What point are you trying to…
tag:competitiveintelligence.ning.com,2010-04-22:2036441:Comment:32270
2010-04-22T15:08:32.314Z
Richard Horowitz
http://competitiveintelligence.ning.com/profile/RichardHorowitz
What point are you trying to make?
What point are you trying to make?
For example, does the word "d…
tag:competitiveintelligence.ning.com,2010-04-22:2036441:Comment:32267
2010-04-22T06:40:34.169Z
Tadeusz Lemańczyk
http://competitiveintelligence.ning.com/profile/TadeuszLemanczyk
For example, does the word "deception" [<i>1 [U] the act of deceiving 2 [C] something that deceives; a trick</i> (Longman Interactive American Dictionary ©Addison Wesley Longman 1997)] appear in your presentation "<i>Is The CI Industry Obsessed With Ethics?</i>"? Because it appears in <i>§ 1832. Theft of trade secrets</i> ["<i>steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains such information</i>" (…
For example, does the word "deception" [<i>1 [U] the act of deceiving 2 [C] something that deceives; a trick</i> (Longman Interactive American Dictionary ©Addison Wesley Longman 1997)] appear in your presentation "<i>Is The CI Industry Obsessed With Ethics?</i>"? Because it appears in <i>§ 1832. Theft of trade secrets</i> ["<i>steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains such information</i>" ( <a href="http://www.tscm.com/USC18_90.html" target="_blank">http://www.tscm.com/USC18_90.html</a> )]. Is the CI industry really obsessed with that word? Should therefore the technique of gathering information like that ( <a href="http://fedcba.ning.com/xn/detail/2516803:Comment:10538" target="_blank">http://fedcba.ning.com/xn/detail/2516803:Comment:10538</a> ) acceptable in police investigations be also acceptable in Competitive Intelligence work?
Richard, you continue to prov…
tag:competitiveintelligence.ning.com,2010-04-20:2036441:Comment:32182
2010-04-20T01:52:47.176Z
Seena Sharp
http://competitiveintelligence.ning.com/profile/SeenaSharp
Richard, you continue to provide the information we need to know and need to re-examine on a somewhat regular basis. Reviewing this clearly details what's changed / not changed - the very essence of CI. Thanks for this update.
Richard, you continue to provide the information we need to know and need to re-examine on a somewhat regular basis. Reviewing this clearly details what's changed / not changed - the very essence of CI. Thanks for this update.
Ask SCIP if they taped the 20…
tag:competitiveintelligence.ning.com,2010-04-18:2036441:Comment:32142
2010-04-18T15:08:39.048Z
Richard Horowitz
http://competitiveintelligence.ning.com/profile/RichardHorowitz
Ask SCIP if they taped the 2009 presentations.<br />
<br />
<br />
Richard Horowitz
Ask SCIP if they taped the 2009 presentations.<br />
<br />
<br />
Richard Horowitz
Mark,
I agree with most of w…
tag:competitiveintelligence.ning.com,2010-04-18:2036441:Comment:32141
2010-04-18T15:07:42.411Z
Richard Horowitz
http://competitiveintelligence.ning.com/profile/RichardHorowitz
Mark,<br />
<br />
I agree with most of what you wrote except this - the law, I presume you're referring to the EEA - didn't raise cautionary flags which were important for people to consider. It only gave juridisdiction for federal authorities to get involved with these matters. It didn't change what you could or couldn't do.<br />
<br />
I agree with what you wrote: "I believe CI ethics have been made more clear because this act forced us to more clearly define our boundaries"<br />
<br />
I wrote the same things in my 2002…
Mark,<br />
<br />
I agree with most of what you wrote except this - the law, I presume you're referring to the EEA - didn't raise cautionary flags which were important for people to consider. It only gave juridisdiction for federal authorities to get involved with these matters. It didn't change what you could or couldn't do.<br />
<br />
I agree with what you wrote: "I believe CI ethics have been made more clear because this act forced us to more clearly define our boundaries"<br />
<br />
I wrote the same things in my 2002 rebuttal piece (on my website <a href="http://www.rhesq.com" target="_blank">www.rhesq.com</a>) "In short, rather than present risks and threats to corporate America, the EEA has enhanced the practice of competitive intelligence. By highlighting illegal activity, the EEA has emphasized the legality of accepted competitive intelligence techniques."<br />
<br />
I also agree with this that you wrote: "Most CI professionals never got anywhere near the level required for this act to kick in."<br />
<br />
Again, I wrote this in my 1998 The Rules Have Not Changed article (also on my website): "Competitive intelligence "gray zone" hypotheticals do not entail the type ofimproper behavior anticipated by trade secret law."<br />
<br />
The key to all of this is understanding that the EEA only created federal jurisdiction and not any new prohibited activities. That's why it was so clear, to me at least, when the EEA was passed in 1996 that CI won't be affected.<br />
<br />
Richard Horowitz
The issue was important then…
tag:competitiveintelligence.ning.com,2010-04-18:2036441:Comment:32132
2010-04-18T13:00:30.350Z
Mark Johnson
http://competitiveintelligence.ning.com/profile/MarkJohnson
The issue was important then and now. The law as written certainly raised cautionary flags which were vital for CI professionals to consider. Like many of the laws congress passes, however, this one played out very differently in enforcement. The first prosecution of this law to actually result in jail time was in 2008 - fully 12 years after the enactment of the act. The DFW SCIP chapter has twice had FBI agents charged with enforcing this particular act speak to our chapter about their…
The issue was important then and now. The law as written certainly raised cautionary flags which were vital for CI professionals to consider. Like many of the laws congress passes, however, this one played out very differently in enforcement. The first prosecution of this law to actually result in jail time was in 2008 - fully 12 years after the enactment of the act. The DFW SCIP chapter has twice had FBI agents charged with enforcing this particular act speak to our chapter about their insights and experiences. In many instances in early years of the act, there were more instances of scaring off the perpetrators rather than capture and prosecution. The first convictions have been very egregious instances which clearly have had foreign espionage involvement - foreign corporations at the least, with some hints of foreign government complicity.<br />
<br />
I believe CI ethics have been made more clear because this act forced us to more clearly define our boundaries. Most CI professionals never got anywhere near the level required for this act to kick in. But discussion of the principles caused us to better define the shades of grey at the fringes of acceptable practice.