The Cloud Act provides that U.S. prosecutors can gain access to evidence under the possession, custody or control of a company in the U.S., regardless of where the data are stored. But European fears of economic espionage are mistaken.
Latest in economic espionage
A grand jury in the Northern District of California has returned an indictment against United Microelectronics Corp., a Taiwanese semiconductor manufacturer; Fujian Jinhua, a Chinese state-run enterprise; and three other defendants for theft of trade secrets from Micron Corp., a U.S.-based chipmaker in violation of 18 U.S.C. §1831, the Economic Espionage Act. The full indictment is below.
Document: Chinese Intelligence Officer Indicted and Extradited to U.S. for Spying on Aviation Companies
The Obama-Xi cybersecurity agreement shows that the private sector can both demonstrate and encourage state compliance with such agreements.
Zack Cooper and Eric Lober argue that though extensive sanctions against China would be unwise and infeasible, limited and targeted sanctions could be an effective means of shaping Chinese behavior.