Secrets of dating online pdf

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381 ``(5) the term `misappropriation' means-- ``(A) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or ``(B) disclosure or use of a trade secret of another without express or implied consent by a person who-- ``(i) used improper means to acquire knowledge of the trade secret; ``(ii) at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was-- ``(I) derived from or through a person who had used improper means to acquire the trade secret; ``(II) acquired under circumstances giving rise to a duty to maintain the secrecy of the trade secret or limit the use of the trade secret; or ``(III) derived from or through a person who owed a duty to the person seeking relief to maintain the secrecy of the trade secret or limit the use of the trade secret; or ``(iii) before a material change of the position of the person, knew or had reason to know that-- ``(I) the trade secret was a trade secret; and ``(II) knowledge of the trade secret had been acquired by accident or mistake; ``(6) the term `improper means'-- ``(A) includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means; and ``(B) does not include reverse engineering, independent derivation, or any other lawful means of acquisition; and ``(7) the term `Trademark Act of 1946' means the Act entitled `An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes, approved July 5, 1946 (15 U. (c) Exceptions to Prohibition.--Section 1833 of title 18, United States Code, is amended, in the matter preceding paragraph (1), by inserting ``or create a private right of action for'' after ``prohibit''. (2) The table of sections for chapter 90 of title 18, United States Code, Effective Date.--The amendments made by this section shall apply with respect to any misappropriation of a trade secret (as defined in section 1839 of title 18, United States Code, as Page 130 STAT.(d) Conforming Amendments.-- (1) The section heading for section 1836 of title 18, United States Code, is amended to read as follows: ``Sec. 382 amended by this section) for which any act occurs on or after the date of the enactment of this Act. (a) In General.--Chapter 90 of title 18, United States Code, is amended-- (1) in section 1832(b), by striking ``$5,000,000'' and inserting ``the greater of $5,000,000 or 3 times the value of the stolen trade secret to the organization, including expenses for research and design and other costs of reproducing the trade secret that the organization has thereby avoided''; and (2) in section 1835-- (A) by striking ``In any prosecution'' and inserting the following: ``(a) In General.--In any prosecution''; and (B) by adding at the end the following: ``(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.``(ii) Storage medium.--If the seized material includes a storage medium, or if the seized material is stored on a storage medium, the court shall prohibit the medium from being connected to a network or the Internet without the consent of both parties, until the hearing required under subparagraph (B)(v) and described in subparagraph (F).``(iii) Protection of confidentiality.--The court shall take appropriate measures to protect the confidentiality of seized materials that are unrelated to the trade secret information ordered seized pursuant to this paragraph unless the person against whom the order is entered consents to disclosure of the material.``(c) Jurisdiction.--The district courts of the United States shall have original jurisdiction of civil actions brought under this section.``(d) Period of Limitations.--A civil action under subsection (b) may not be commenced later than 3 years after the date on which the misappropriation with respect to which the action would relate is discovered or by the exercise of reasonable diligence should have been discovered.

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381]] ``(5) the term `misappropriation' means-- ``(A) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or ``(B) disclosure or use of a trade secret of another without express or implied consent by a person who-- ``(i) used improper means to acquire knowledge of the trade secret; ``(ii) at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was-- ``(I) derived from or through a person who had used improper means to acquire the trade secret; ``(II) acquired under circumstances giving rise to a duty to maintain the secrecy of the trade secret or limit the use of the trade secret; or ``(III) derived from or through a person who owed a duty to the person seeking relief to maintain the secrecy of the trade secret or limit the use of the trade secret; or ``(iii) before a material change of the position of the person, knew or had reason to know that-- ``(I) the trade secret was a trade secret; and ``(II) knowledge of the trade secret had been acquired by accident or mistake; ``(6) the term `improper means'-- ``(A) includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means; and ``(B) does not include reverse engineering, independent derivation, or any other lawful means of acquisition; and ``(7) the term `Trademark Act of 1946' means the Act entitled `An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes, approved July 5, 1946 (15 U. (c) Exceptions to Prohibition.--Section 1833 of title 18, United States Code, is amended, in the matter preceding paragraph (1), by inserting ``or create a private right of action for'' after ``prohibit''. (2) The table of sections for chapter 90 of title 18, United States Code, Effective Date.--The amendments made by this section shall apply with respect to any misappropriation of a trade secret (as defined in section 1839 of title 18, United States Code, as Page 130 STAT.

(d) Conforming Amendments.-- (1) The section heading for section 1836 of title 18, United States Code, is amended to read as follows: ``Sec. 382 amended by this section) for which any act occurs on or after the date of the enactment of this Act. (a) In General.--Chapter 90 of title 18, United States Code, is amended-- (1) in section 1832(b), by striking ``$5,000,000'' and inserting ``the greater of $5,000,000 or 3 times the value of the stolen trade secret to the organization, including expenses for research and design and other costs of reproducing the trade secret that the organization has thereby avoided''; and (2) in section 1835-- (A) by striking ``In any prosecution'' and inserting the following: ``(a) In General.--In any prosecution''; and (B) by adding at the end the following: ``(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.

``(ii) Storage medium.--If the seized material includes a storage medium, or if the seized material is stored on a storage medium, the court shall prohibit the medium from being connected to a network or the Internet without the consent of both parties, until the hearing required under subparagraph (B)(v) and described in subparagraph (F).

``(iii) Protection of confidentiality.--The court shall take appropriate measures to protect the confidentiality of seized materials that are unrelated to the trade secret information ordered seized pursuant to this paragraph unless the person against whom the order is entered consents to disclosure of the material.

``(c) Jurisdiction.--The district courts of the United States shall have original jurisdiction of civil actions brought under this section.

``(d) Period of Limitations.--A civil action under subsection (b) may not be commenced later than 3 years after the date on which the misappropriation with respect to which the action would relate is discovered or by the exercise of reasonable diligence should have been discovered.

If the party fails to meet that burden, the seizure order shall be dissolved or modified appropriately.

``(iii) Dissolution or modification of order.--A party against whom the order has been issued or any person harmed by the order may move the court at any time to dissolve or modify the order after giving notice to the party who obtained the order. The security posted with the court under subparagraph (B)(vi) shall not limit the recovery of third parties for damages.

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(g) Applicability to Other Laws.--This section and the amendments made by this section shall not be construed to be a law pertaining to intellectual property for purposes of any other Act of Congress. 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.''. (2) Foreign instrumentality, etc.--The terms ``foreign instrumentality'', ``foreign agent'', and ``trade secret'' have the meanings given those terms in section 1839 of title 18, United States Code.``(D) Materials in custody of court.-- ``(i) In general.--Any materials seized under this paragraph shall be taken into the custody of the court.The court shall secure the seized material from physical and electronic access during the seizure and while in the custody of the court. (a) In General.--Section 1836 of title 18, United States Code, is amended by striking subsection (b) and inserting the following: ``(b) Private Civil Actions.-- ``(1) In general.--An owner of a trade secret that is misappropriated may bring a civil action under this subsection if the trade secret is related to a product or service used in, or intended for use in, interstate or foreign commerce.``(B) Elements of order.--If an order is issued under subparagraph (A), it shall-- ``(i) set forth findings of fact and conclusions of law required for the order; ``(ii) provide for the narrowest seizure of property necessary to achieve the purpose of this paragraph and direct that the seizure be conducted in a manner that minimizes any interruption of the business operations of third parties and, to the extent possible, does not interrupt the legitimate business operations of the person accused of misappropriating the trade secret; ``(iii)(I) be accompanied by an order protecting the seized property from disclosure by prohibiting access by the applicant or the person against whom the order is directed, and prohibiting any copies, in whole or in part, of the seized property, to prevent undue damage to the party against whom the order has issued or others, until such parties have an opportunity to be heard in court; and ``(II) provide that if access is granted by the court to the applicant or the person against whom the order is directed, the access shall be consistent with subparagraph (D); ``(iv) provide guidance to the law enforcement officials executing the seizure that clearly delineates the scope of the authority of the officials, including-- [[Page 130 STAT.

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