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Microsoft Promotes New Trade Secrets Bill (thestack.com)

Posted by samzenpus on from the in-our-best-interest dept.

An anonymous reader writes: A Microsoft lawyer has put forward the company's conviction that the Defend Trade Secrets Act 2015, currently being debated at the United States Senate Judiciary Committee, is necessary to protect digital businesses which are now hamstrung by having to pursue trade secret infractions — a federal crime — within state law. Though the bill, revised from its failed 2014 submission, contains necessary updates for the inevitable shortcomings of existing 1979/1985 legislation regarding trade secrets, its opponents are more interested in the way it would extend ex parte seizure law to federalize private information and data in corporate plaintiffs' lawsuits and extend the possibility for closed hearings and media injunctions.

10 of 28 comments (clear)

  1. It is usually not the main focus of the bill... by QuietLagoon · · Score: 3, Informative

    ...that is most odorous. It is usually the minor provisions, tucked into the bill by special interests, that are the most damaging to people and most beneficial to corporations.

  2. In Engrish, please. by xxxJonBoyxxx · · Score: 2

    >> it would extend ex parte seizure law to federalize private information

    In Engrish, please.

    1. Re:In Engrish, please. by Anonymous Coward · · Score: 2, Informative

      "Ex parte" orders are orders by a judge without the party present. "Ex parte seizure" is a step between cops stealing whatever you've got without warrant, due process, or much oversight at all (aka Civil Forfeiture) and being found guilty of a crime and having punishment handed down to you. At least in this case a judge has been convinced that it's necessary to seize whatever item without you having a chance to defend yourself so some sort of warrant and/or oversight is present.

    2. Re:In Engrish, please. by Impy+the+Impiuos+Imp · · Score: 2

      The idea is to seize the computers sending the illegally-obtained data before it gets out. This touches on several parts of the First Amendment. Speech for one, as long as you aren't the one who stole the info, the government can't shut you up.

      The other is the lesser-used part about freedom of the press, which is less about a 1940s high pants quick talker with a "Press" card tucked in his hat band and more about actual printing presses -- the mechanical means of mass production of speech for distribution, carried through to modern life via computers and so on.

      Kings can and did regulate or outlaw presses as a back door censorship method.

      Here they are seizing the computers that will be distributing the information. Hence the possible violation if the law is sloppy.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  3. I like the gag order provision by Anonymous Coward · · Score: 5, Insightful

    Under this bill, businesses (Microsoft) could prevent release of security holes, and possible remediation. This has already happened a few times, (Adobe?) but it would put the power of the Federal Gov't behind gagging security researchers.
    Also, reverse engineer a file format? Gag order coming your way. Libre Office will wither, because the compatible formats will be changed, and reverse engineering will be prevented under "Trade Secrets".
    So I totally understand why Microsoft is trying to write a bill for themselves.

    1. Re:I like the gag order provision by Black+LED · · Score: 4, Interesting

      The best part is that Microsoft is whining about their privacy and intellectual property immediately after they released an operating system that is designed to spy on users and steal their intellectual property.

  4. A Politician gets a Clue by Jodka · · Score: 2

    from the /. title and summary:

    Microsoft Promotes New Trade Secrets Bill [which] ... would extend ex parte seizure law to federalize private information and data in corporate plaintiffs' lawsuits and extend the possibility for closed hearings and media injunctions.

    from the opening sentence of Marco Rubio's guest column warning against government-funded corporate bailouts and appearing today at HotAir.com:

    For too long, under both Democrats and Republicans, Washington and big businesses have teamed up to rig our economy to their benefit, often at the expense of everyday Americans.

    So, more rigging underway here.

    --
    Ceci n'est pas une signature.
  5. This is why we need simple language by Virtucon · · Score: 2

    We need simple language legislation now. You shouldn't have to be a lawyer or need one to read a law and understand how you're fucked over by it.

    --
    Harrison's Postulate - "For every action there is an equal and opposite criticism"
  6. Already passed in Australia by MrKaos · · Score: 4, Interesting

    It's another example of legislation framed in Australia and then exported to America. After editing the proposed act for compatibility with the American constitution it then becomes a Bill proposed to congress.

    Don't let it pass. It has some really nasty provisions against using encryption by classing it as a 'controlled munition'. If it follows the Australian model then you will find that it has some pretty unpleasant provisions that grants the government the capacity to appropriate any software you may have written and then make you criminally liable for using the software you created. I tried, but not enough people here care or understand.

    Whilst it is an unpopular to talk about IT unions here, this is one of the things they are tasked to be on the look out for. Frankly, I'd prefer to pay mandatory fees and have someone else do this so I could get on with the things I do best. I can't stand reading these legislations to see what the next thing is that government is going to use to fuck over IT professionals and the amount of time I spend writing letters to politicians, when they propose these bills, has become really intense over the last 18 months. Excluding the TPP, which is double the size I estimated (6000 pages), this is the 5th Act passed that affects Information Technology.

    This has nothing to do with left or right politics. It has everything to do with a functioning democracy. It is naive to think that raw talent and intelligence is enough to succeed in this industry anymore, the game is much bigger. If you don't like the idea of an I.T union then start picking up legislation and using your big brain to analyze the effect it is going to have on you and your peers and start writing letters to politicians because the bottom line here is no one has got our back and these laws will continue to be framed to control what you think you can do by criminalizing your behavior when appropriate.

    It's not a slippery slope any more, it's a full on uncontrolled slide.

    --
    My ism, it's full of beliefs.
  7. MOD PARENT UP by tlambert · · Score: 3, Interesting

    This seems like uSoft trying to have their cake and eat it to.

    THIS.

    Trade secrets, once disclosed, are no longer secret. If your idea does not merit patent protection, then use a trade secret as long as it holds -- but no longer. If your idea merits patent protection patent it -- *and disclose it*, in exchange for federal protection *for a limited time*.

    Do *NOT* under any circumstances, make legal changes to allow trade secrets to become the moral equivalent of a patent in perpetuity.