IBA Launches Investigation into Espionage
IBA Launches Investigation into Industrial Espionage
The International Bar Association (IBA) has launched a global survey on industrial espionage with the aim of gaining insight into how problematic and widespread this contemporary business practice has become. The investigation is the latest initiative of the IBA’s Criminal Law Committee following much debate on the topic in the context of recent high-profile incidents which have brought the practice into sharp focus.
The very nature of industrial espionage makes it impossible to quantify the practice. However, it is clear that information breaches are taking place and are costing companies substantial sums of money. It is a growing threat to any business whose livelihood depends on information.
Understanding the phenomenon is
the essential first step to establishing mechanisms to
counter the practice and minimise its effect. To this end
the survey is being sent to private practitioners and
in-house counsel in a wide range of jurisdictions to
ascertain how corporations and law firms are dealing with
this illegal practice and to what extent governments are
assisting in combating it within the existing legal
framework. The 50 in-house counsel at multi-national
corporations and the 500 IBA Corporate Counsel Forum members
receiving the survey will provide unique insight into this
trend. Survey questions include amongst others,
· Does
your country have laws and regulations in place to combat
industrial espionage?
· Who in your opinion are the most
active users of industrial espionage techniques?
· What
initiatives has your firm/company taken to counter
industrial espionage?
· What are the types of
information or technology being targeted?
· Do you think
your government has invested enough resources in countering
industrial espionage?
·
‘In today’s climate
where economic competition is global, companies have the
potential of becoming a victim of industrial espionage. In
fact, the accelerated pace of technological developments in
a global environment is making industrial espionage more of
a problem for companies. Ever-increasing sophisticated tools
and an array of easily obtainable gadgets are available to
the prospective thief. The internet, email, USB sticks,
mobile phones etc simply provide more ways to obtain a
company's information. It is no longer necessary for the
assailant to carry information out of a building under his
or her arm. So, grasping a fuller understanding of
industrial espionage is crucial in the fight against it,’
says Charles-Henri de Pardieu, Co-Chair of the IBA
Working Group on Industrial Espionage and IBA Legal Practice
Division Council member.
The survey results, scheduled for release November 2007, should make interesting reading with the analysis being used to provide business executives with guidelines which they can consider in establishing priorities within their companies and minimizing the prospect and impact of industrial espionage.
ENDS