§1833 Exceptions to Prohibitions

Summary

People won't face criminal or civil charges under federal or state trade secret laws if they share a trade secret to report suspected illegal activity, as long as they follow the rules. The secret must be given in confidence to a federal, state, or local government official (directly or through someone else) or to an attorney and only to report or help investigate a suspected law violation. A trade secret put in a court filing is protected if the filing is kept under seal. Someone who sues an employer for retaliation can give the secret to their lawyer and use it in the case if any court papers with the secret are filed under seal and the secret is not shared except by court order. Employers must tell employees about this protection in any agreement that controls trade secret use. Pointing to a written reporting policy also counts. If an employer fails to give that notice, the employer cannot get exemplary damages or attorney fees under subparagraphs (C) or (D) of section 1836(b)(3) in a case against that employee. The rule applies to agreements made or changed after this part became law. "Employee" also covers contractors and consultants. Nothing here allows breaking other laws, like getting materials by unauthorized hacking, and lawful government actions are not barred or made the subject of private lawsuits under this chapter.