Trade Secrets & Protection of Trade Secrets ISYM540 Topic 5 – Info Assurance and Security Len Smith July 2009

Chemicals Gary Min – research chemist a DuPont Downloaded to storage devices technology with a fair market value of 400 million US dollars and took to new employer in China –DuPont discovered this through network-use monitoring –FBI confirms more technology theft through seizing home laptop Min sentenced to 10 years in jail + fine

What is a Trade Secret? Information or material that (1) derives independent economic value, actual or potential, from not being generally known, and not being readily ascertainable by proper means by, other persons, and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.”

Misappropriation Wrongful acquisition –Even if accidental! Wrongful use Wrongful disclosure Civil & criminal liability

Trade Secret Protection Program Employee agreements Confidentiality/Nondisclosure Agreements Secure access –Physical, digital Restricted access –Need to know, passwords, etc. Employee practices –Training –Exit interviews Audits

Questions/Comments? Thank You!