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Company Law

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Company Law
The information revolution and the advances in technology during the past decades has brought to fore many challenges and issues to both governments and businesses, the age-old crime of espionage or the practice of spying to gather secret information is one the most potential issues facing information-based societies. Although, much has been documented as fact and fiction concerning the traditional foreign agents and spies, in today 's world of multi-national, multi-billion dollar corporations, and industrial espionage is a growing danger. Furthermore, this is aggravated by the fact that many large businesses are physically disseminated which has distributed management and administration, and more job specialization.
High technology offers the ability to collect and use information for competitive edge over others in meeting business and government objectives, it also makes modern information and technology-based nations and businesses vulnerable as information can be stolen from electronic storage media and transmitted in seconds without even physically removing the data.
The paper attempts to examine how investors or companies could protect themselves from corporate espionage. However, in doing so, it shall also look at the historical development of espionage and examines how the advances in technology in the recent years have facilitated the act of espionage, and also the measures that may prove useful in controlling Industrial Espionage. As a prelude to the research, it may be worthwhile to understand how industrial espionage is defined, its nature and implications.
The Federal Bureau of Investigation defines industrial espionage as “an individual or private business entity sponsorship or coordination of intelligence activity conducted for the purpose of enhancing their advantage in the marketplace.” While this definition may imply Industrial Espionage to be more or less the same as business or competitive intelligence, John F Quinn explains the essential



Bibliography: 1. Boni W. & Kovacich G.L. (2000) Netspionage: The Global Threat to Information MA: Butterworth- Heinemann 2 3. Denning, D. E. (1998) Information Warfare and Security MA: Addison-Wesley 4 5. Kelley, P.W. (1997) “The Economic Espionage Act of 1996” In Boni W. & Kovacich G.L. Netspionage: The Global Threat to Information MA: Butterworth- Heinemann p. 241-247 6 7. Vest, J. (1998) “Erosion of Individual Privacy - Echelon Subchapter” The Village Voice, August 11 Available at: http://www.mega.nu:8080/ampp/echelon.html Accessed 02/26/06 8 9. Toffler, A. (1980) The Third Wave NY: Bantam Book 10 [ 2 ]. Boni and Kovacich, 2000; p. 47 [ 3 ] [ 4 ]. Boni and Kovacich, 2000 [ 5 ] [ 6 ]. Toffler, 1980; Toffler & Heidi, 1994 [ 7 ] [ 10 ]. Naef, 2003 [ 11 ] [ 12 ]. Cited Naef, 2003 [ 13 ] [ 14 ]. Vest, 1998 [ 15 ] [ 16 ]. Naef, 2003 [ 17 ] [ 18 ]. Denning, 1998, p.382

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