18 U.S.C. § 1835: Orders to preserve…

Summary

Courts must take steps to keep trade secrets private in any criminal or related case under this law, while following the Federal Rules of Criminal and Civil Procedure, the Federal Rules of Evidence, and other laws. The United States may immediately appeal a district court order that allows or directs disclosure of a trade secret. Before ordering disclosure, the court must let the trade secret owner file a sealed statement explaining why the information should stay confidential. That sealed filing can only be used for the limited reasons in this law or as required by other law. Giving trade secret information to the government or the court for a case under this law does not automatically cancel the owner’s trade secret rights, and disclosure does not waive those rights unless the owner clearly agrees.

Title 18, §1835

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)In General.—

In any prosecution or other proceeding under this chapter, the court shall enter such orders and take such other action as may be necessary and appropriate to preserve the confidentiality of trade secrets, consistent with the requirements of the Federal Rules of Criminal and Civil Procedure, the Federal Rules of Evidence, and all other applicable laws. An interlocutory appeal by the United States shall lie from a decision or order of a district court authorizing or directing the disclosure of any trade secret.

(b)Rights of Trade Secret Owners.—

The court may not authorize or direct the disclosure of any information the owner asserts to be a trade secret unless the court allows the owner the opportunity to file a submission under seal that describes the interest of the owner in keeping the information confidential. No submission under seal made under this subsection may be used in a prosecution under this chapter for any purpose other than those set forth in this section, or otherwise required by law. The provision of information relating to a trade secret to the United States or the court in connection with a prosecution under this chapter shall not constitute a waiver of trade secret protection, and the disclosure of information relating to a trade secret in connection with a prosecution under this chapter shall not constitute a waiver of trade secret protection unless the trade secret owner expressly consents to such waiver.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Criminal Procedure, referred to in subsec. (a), are set out in the Appendix to this title. The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The Federal Rules of Evidence, referred to in subsec. (a), are set out in the Appendix to Title 28.

Amendments

2016—Pub. L. 114–153 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

§1835 Orders to Preserve Confidentiality