Introducing a Takedown for Trade Secrets on the Internet

Abstract

When a trade secret owner discovers its trade secrets have been posted on the Internet, there is currently no legislative mechanism by which the owner can request that the information be taken down. The only remedy to effectuate removal of the material is to obtain a court order, usually through a temporary restraining order or a preliminary injunction.

In an earlier article I explored and analyzed the tremendous danger to trade secrets that have been posted on the Internet. Indeed, the trade secret status is most often lost forever. Accordingly, upon discovering a posting of secret information, trade secret owners must act swiftly to attempt to prevent the imminent destruction.

This Article builds on that earlier work, proposing legislation, similar to that provided for copyright law under the Digital Millennium Copyright Act (DMCA), which would offer an expedited process for disabling access to trade secret information in the interim period between discovery of the misappropriated material on the Internet and the issuance of a ruling by a court.

Keywords: trade secrets, internet, disclosure, take down, trade secrets on internet, dmca

JEL Classification: K29, K39, K20, K30, K41