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Electronic hacking and illegal trespassing for the purposes of acquiring a competitor’s proprietary information are considered economic espionage.
<h3>
What is economic espionage?</h3>
- Economic espionage includes electronic hacking and illegal trespassing to obtain a competitor's proprietary information.
- Economic espionage is defined as the illegal or covert targeting or acquisition of sensitive financial, trade, or economic policy information; proprietary economic information; or technological information.
- Using bribery, cyber-attacks, "dumpster diving," and wiretapping.
- Creating seemingly innocent relationships with US companies in order to gather economic intelligence, including trade secrets.
- President Clinton signed the Economic Espionage Act of 1996 into law.
- It criminalizes the theft or misappropriation of trade secrets.
- It is notable for being the first federal statute to broadly define and severely punish such misappropriation and theft.
Therefore, electronic hacking and illegal trespassing for the purposes of acquiring a competitor’s proprietary information are considered economic espionage.
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The criteria that law must meet in order to pass the government’s strict scrutiny test to reasonably discriminate includes"
- It must further a compelling government interest
- It must use the least restrictive means to achieve its purpose.
<h3>What is a
strict scrutiny test?</h3>
In law, a strict scrutiny refers to the highest standard of review which a court will use to evaluate the constitutionality of governmental discrimination. In order for a law to pass strict scrutiny, the legislature must have passed the law to further a "compelling governmental interest" and must have narrowly tailored the law to achieve that interest.
This standard is the highest and most of the stringent standard of judicial review and is part of the levels of judicial scrutiny that courts use to determine whether a constitutional right or principle should give way to the government's interest against observance of the principle. However, the lesser standards are rational basis review and exacting or intermediate scrutiny and these standards are applied to statutes and government action at all levels of government within the United States.
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