Congress continues to show interest in refining federal trade secret law to meet the challenges of the internet age. Two bills potentially impacting a company’s ability to protect its trade secrets have been introduced. The first, “Aaron’s Law Act of 2013,” seeks to resolve the Circuit split under the Computer Fraud and Abuse Act (CFAA) such that federal trade secret protection would not apply to the use of electronic information in violation of the employer’s computer policies or a website’s terms of usage alone. The second, “Private Right of Action Against Theft of Trade Secret Act of 2013” (PRATSA), seeks to create a private right of action under the Economic Espionage Act (EEA), which is presently limited to criminal prosecutions. These efforts reflect a continuation of efforts in the prior Congress to address these issues in a way that strengthens federal protection against industrial espionage without displacing state trade secret law.
