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The information revolution has rendered obsolete the legacy legal regime on intellectual property rights, enabling spying for commercial purposes to morph into a strategic issue.
The lawless world of international espionage, until recently the preserve of the most secretive organs of government, has come to affect the everyday commercial affairs of businesses around the world, which are woefully unprepared to deal with it. Economic espionage is not itself a new phenomenon. Chinese silkworms legendarily made their way to India in a clandestine transaction. In 1812, Francis Cabot Lowell traveled to Britain, where he visited and managed to memorize and steal the secret workings of the Cartwright loom.1 More recently, starting no later than 1980, Hitachi and other Japanese companies repeatedly launched espionage attacks against...
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Joel Brenner is a lawyer and security consultant and the Robert Wilhelm Fellow for 2014–15 in the Center for International Studies at the Massachusetts Institute of Technology. He is the former national counterintelligence executive and former inspector general and senior counsel of the National Security Agency.