The FBI has been busy on the trade secret front over the past few weeks, unveiling a trade secret protection awareness campaign on billboards in 9 major cites and, more recently, providing tips on spotting a potential trade secret thief in the workplace.
In a news release entitled "How to Spot a Possible Insider Threat," the FBI has identified the following "warning signs that may indicate that employees are spying and/or stealing secrets from their company:
While most of these clues are fairly obvious, they nevertheless highlight something that companies need to do a better job of doing -- namely, identifying those employees most likely to breach their fiduciary or contractual duties.
In a presentation that I attended last year, Intel's Janet Craycroft noted the importance of identifying potential red-flag employees in advance of any breach. She illustrated her point by describing the many missed opportunities with PFC Bradley Manning, the soldier who allegedly copied and released approximately 250,000 classified files to WikiLeaks in 2010 (and who now faces court martial and an assortment of charges, including aiding the enemy).
What everyone came to learn after Manning's arrest was that he was, in the words of The Washington Post, "a lonely and disconsolate young man." Janet went through a litany of behavioral and security "red flags" for Manning that were apparently ignored: a police report that he threatened his mother with a knife, near-discharge from the Army because of concerns about his stability, a reprimand for assaulting an officer, discipline for previous security lapses, the list goes on. Many of these and other incidents are documented in the thorough Wikipedia biography of Manning for those interested in reading more (if you are wary of Wikipedia as a source, check out the links to the established media sources within that bio as they are consistent with what I have heard and read else where).
The Takeaway? Identify the problem employees before they can become trade secret thieves. Look for unusual behavior, monitor employees who have had security lapses in the past, and above all, be proactive. (Thanks to Nixon Peabody's Mark Halligan for alerting me to the FBI's article).
Tags: FBI, trade secrets
Cybersecurity | Intellectual Property | International | Trade Secrets
You Think Trade Secrets Are Important? So Does the FBI
The FBI recently launched an initiative to curb the growing rise of trade secret and other intellectual property theft. The FBI estimates that U.S. companies have suffered over $13 billion in economic losses since October 2011 attributed to intellectual property...
Pingback from feeds.lexblog.com
You Think Trade Secrets Are Important? So Does the FBI : Trading Secrets
Cancel reply to comment
Powered by BlogEngine.NET 188.8.131.52
Theme by Mads Kristensen
Join me on Linked In!
The information in this blog is designed to make you aware of issues you might not have previously considered, but it should not be construed as legal advice, nor solely relied upon in making legal decisions. Statements made on this blog are solely those of the author and do not necessarily reflect the views of Hahn Loeser & Parks LLP. This blog material may be considered attorney advertising under certain rules of professional attorney conduct. Regardless, the hiring of a lawyer is an important decision that should not be based solely upon advertisements.
© 2011 Hahn Loeser & Parks LLP
The material available on this site is for information purposes only and does not constitute legal advice, nor is it intended as a substitute for legal counsel.