§1708 Actions to Address Economic or Industrial Espionage in Cyberspace

Summary

The President must send Congress a report about foreign economic and industrial spying in cyberspace. The first report was due within 180 days after December 19, 2014, and then one report each year through 2020. Each report covers the 12 months before it is sent. The report must name foreign countries that steal or help steal U.S. trade secrets or proprietary information, and must point out the worst offenders called “priority foreign countries.” It must say what kinds of U.S. technologies or business information are being targeted and, when possible, what was actually taken and what goods or services were made or offered using that stolen information. The report must describe the spying by the named countries and explain what the President has done and how much progress has been made to stop it. Reports should be unclassified but can include a secret annex. Under emergency economic powers, the President may block and ban transactions and freeze property in the United States or controlled by U.S. persons for foreign people who knowingly take part in or benefit from major thefts of U.S. technology or proprietary information carried out through cyberspace. Those powers cannot be used to ban imports of goods. Penalties and other authorities under the International Emergency Economic Powers Act apply. Nothing here changes any other laws or penalties. Defined terms (one line each): “appropriate congressional committees” — the named Senate and House committees that get the report; “cyberspace” — networks like the Internet and computer systems; “economic or industrial espionage” — stealing or copying trade secrets or proprietary information without permission; “knowingly” — having actual knowledge or should have known; “own” — legal title or license; “person” — an individual or an organization; “proprietary information” — business or technical information kept confidential (examples listed in the law); “technology” and “trade secret” — as defined in other laws; “United States person” — U.S. citizens, residents, entities, or people in the U.S.