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British Borneo
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British Borneo
Dutch Borneo
British Borneo comprised the four northern parts of the island of Borneo, which are now Brunei, Labuan, Sabah, and Sarawak.[1][2] During the British colonial rule until 1963, Sarawak, Labuan and Sabah known as: Kingdom of Sarawak (1841–1946) – Crown Colony of Sarawak (1946–1963) (now Sarawak), Crown Colony of Labuan (1848–1946) (now Labuan) and North Borneo (1881–1946) – Crown Colony of North Borneo (1946–1963) (now Sabah).[3]
Contents
[hide]
1 Catholic missions
2 British power
3 References
4 Further reading
Catholic missions[edit]
In 1687 Father Ventimiglia, a Theatine, was commissioned by Pope Innocent XI to preach Christianity in Borneo. There are no memorials of this mission, which has left no traces in the island although the missionary declared that God had blessed his labours.
The Congregation for the Evangelization of Peoples decreed on 27 August 1855 the erection of the northern part of the island of Borneo into an independent prefecture of North Borneo and Labuan and entrusted it to the Rev. Carlos Cuarteron, a Spaniard. Father Cuarteron was originally a sea-captain and had vowed, after escaping great peril, to devote himself to the evangelisation of Borneo. He landed at Labuan in 1857, in company with several missionaries who deserted him in 1860. Although alone in the island of Labuan, Father Cuarteron courageously continued his labours. At length, seeing that isolation made him powerless, he went to Rome in 1879 to request that the Propaganda place the mission in charge of an institute. From Rome Father Cuarteron went to Spain, where he soon died.
The island of Labuan has an area of 30 square miles (78 km2) and contains 6,800 inhabitants; it is an important shipping station between Singapore and Hong Kong. The prefect Apostolic lives at Labuan. The stations served are Labuan and Kuching (Sarawak), the two most important towns. Outside of these two places where the missionaries live ten stations are visited: Sibu, Kanowit, Igan, Oya, Mukah, Baram, Papar, Jesselton, Putatan, and Sandakan. According to the " Missions-Atlas " of P. Streit, the statistics of the Catholic mission in the early 20th century were: 19 regular priests, 2 lay brothers, 15 sisters; 8 churches; 20 chapels; 16 catechists; 14 schools with 740 pupils; 2,600 baptisms; about 1,000 catechumens.
British power[edit]
The British had obtained the island of Labuan in 1846; they gradually extended their power over the petty rulers of the northern part of Borneo until, in 1888, the British protectorate of North Borneo was formally acknowledged. English speaking missionaries being desired in the British part of Borneo, the Propaganda (19 March 1881) confided the mission of North Borneo and Labuan to the Society for Foreign Missions of Mill Hill, from England. The first prefect Apostolic appointed under the new administration was the Rev. Thomas Jackson. The society continued in charge of the mission.
During the Second World War, the British realised they were unable to defend the colony from the powerful Imperial Japanese Navy. They destroyed the airfields, and especially the oil fields there and in Brunei before the Japanese landed on 16 December 1941. The small British forces surrendered. In 1943, the Chinese population of about 50,000 rebelled against Japan and seized some towns. They were overwhelmed with many executed. Australia sent special operation forces, which trained and armed local militia units and aided the landing of an Australian division in June 1945. Japanese forces numbered about 31,000, and held out until October 1945, long after the Emperor had surrendered.[4]
Evolution of Malaysia.
References[edit]
Jump up ^ George Lawrence Harris (1956). North Borneo, Brunei, Sarawak (British Borneo). Human Relations Area Files.
Jump up ^ W. H. (William Hood) Treacher, Sir (December 2012). British Borneo Sketches of Brunai, Sarawak, Labuan, and North Borneo. Tredition Classics. ISBN 978-3-8472-1906-4.
Jump up ^ Leigh R. Wright (1 July 1988). The Origins of British Borneo. Hong Kong University Press. pp. 181–. ISBN 978-962-209-213-6.
Jump up ^ I.C.B Dear, ed, The Oxford Companion to World War II (1995) p 163
Further reading[edit]
This article incorporates text from a publication now in the public domain: Herbermann, Charles, ed. (1913). "article name needed". Catholic Encyclopedia. New York: Robert Appleton.
WorldStatesmen- Malaysia historical context (see Labuan and Sabah sections); not worked in here
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Retrieved from "https://en.wikipedia.org/w/index.php?title=British_Borneo&oldid=815255301"
Categories:
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text:
Economic Espionage Act of 1996
From Wikipedia, the free encyclopedia
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Economic Espionage Act of 1996
Long title
An Act to amend title 18, United States Code, to protect proprietary economic information, and for other purposes.
Acronyms (colloquial)
EEA, NIIPA
Nicknames
National Information Infrastructure Protection Act of 1996
Enacted by
the 104th United States Congress
Effective
October 11, 1996
Citations
Public law
104-294
Statutes at Large
110 Stat. 3488
Codification
Titles amended
18 U.S.C.: Crimes and Criminal Procedure
42 U.S.C.: Public Health and Social Welfare
U.S.C. sections amended
18 U.S.C. ch. 47 § 1030
18 U.S.C. ch. 90 §1831 et seq.
18 U.S.C. ch. 227, subch. A § 3552
18 U.S.C. ch. 313 § 4243
42 U.S.C. ch. 136, subch. II § 13751 et seq.
Legislative history
Introduced in the House as H.R. 3723 by Bill McCollum (R–FL) on June 26, 1996
Committee consideration by House Judiciary
Passed the House on September 17, 1996 (399-3, Roll call vote 416, via Clerk.House.gov)
Passed the Senate on September 18, 1996 (passed unanimous consent) with amendment
House agreed to Senate amendment on September 28, 1996 (agreed without objection) with further amendment
Senate agreed to House amendment on October 2, 1996 (agreed unanimous consent)
Signed into law by President William J. Clinton on October 11, 1996
The Economic Espionage Act of 1996 (Pub.L. 104–294, 110 Stat. 3488, enacted October 11, 1996) was a 6 title Act of Congress dealing with a wide range of issues, including not only industrial espionage (e.g., the theft or misappropriation of a trade secret and the National Information Infrastructure Protection Act), but the insanity defense, the Boys & Girls Clubs of America, requirements for presentence investigation reports, and the United States Sentencing Commission reports regarding encryption or scrambling technology, and other technical and minor amendments.
Contents
[hide]
1 Structure of the Act
2 Protection of trade secrets
3 Enforcement
3.1 Department of Justice policy
3.2 Use of EEA
3.3 § 1831 - First conviction and sentence
3.4 § 1832 - First conviction and sentence
4 Further developments
4.1 Intersection with trade law
4.2 Scope of trade secrets
4.3 Expansion of penalties
4.4 Civil cause of action
5 Impact of the Act
6 See also
7 References
8 Further reading
Structure of the Act[edit]
Title
Name
Description
I Protection of trade secrets Inserts 18 U.S.C. §§ 1831–1839 as Chapter 90 of Title 18 of the United States Code
II National Information Infrastructure Protection Act of 1996 Amends 18 U.S.C. § 1030 regarding fraud and related activity in connection with computers.
III Transfer of persons found not guilty by reason of insanity Amends 18 U.S.C. § 4243 with regard to such persons being transferred to the custody of the United States Attorney General
IV Establishment of Boys and Girls Clubs Authorizes grants by the United States Department of Justice to the Boys and Girls Clubs of America
V Use of certain technology to facilitate criminal conduct Requiring the United States Sentencing Commission to provide certain information in its reports
VI Technical and minor amendments Various
Protection of trade secrets[edit]
The act makes the theft or misappropriation of a trade secret a federal crime. Unlike the Espionage Act of 1917 (found at 18 U.S.C. §§ 792–799), the offense involves commercial information, not classified or national defense information.
Section
Name
Description
18 U.S.C. § 1831 Economic espionage Criminalizes the misappropriation of trade secrets (including conspiracy to misappropriate trade secrets and the subsequent acquisition of such misappropriated trade secrets) with the knowledge or intent that the theft will benefit a foreign power. Penalties for violation are fines of up to US$500,000 per offense and imprisonment of up to 15 years for individuals, and fines of up to US$10 million for organizations.
18 U.S.C. § 1832 Theft of trade secrets Criminalizes the misappropriation of trade secrets related to or included in a product that is produced for or placed in interstate (including international) commerce, with the knowledge or intent that the misappropriation will injure the owner of the trade secret. Penalties for violation of section 1832 are imprisonment for up to 10 years for individuals (no fines) and fines of up to US$5 million for organizations.
18 U.S.C. § 1833 Exceptions to prohibitions Provisions do not apply to lawful activity by government entities, or to the reporting of any suspected violation of law to any such entity.
18 U.S.C. § 1834 Criminal forfeiture Requires criminal forfeiture of any proceeds of the crime and property derived from proceeds of the crime, and any property used, or intended to be used, in commission of the crime.
18 U.S.C. § 1835 Orders to preserve confidentiality The court shall enter such orders and take such other action as may be necessary and appropriate to preserve the confidentiality of trade secrets, subject to certain specified provisions of law.
18 U.S.C. § 1836 Civil proceedings to enjoin violations Authorizes civil proceedings by the Department of Justice to enjoin violations of the Act, but does not create a private cause of action. Thus, victims or putative victims must work with the U.S. Attorney in order to obtain an injunction.
18 U.S.C. § 1837 Conduct outside the United States There is extraterritorial jurisdiction where:
The offender is a U.S. citizen or permanent resident; or
The offender is an organization organized under the laws of the United States or any State or political subdivision thereof; or
An act in furtherance of the offense was committed in the United States
18 U.S.C. § 1838 Construction with other laws Does not affect any other civil or criminal laws with respect to misappropriation of trade secrets.
18 U.S.C. § 1839 Definitions
"Trade secrets" are defined in the act consistent with generally accepted legal definitions such as those used in the Uniform Trade Secrets Act and state laws based on the UTSA. Specifically it declares:
(3) the term “trade secret” means all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if—
(A) the owner thereof has taken reasonable measures to keep such information secret; and
(B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, the public
Enforcement[edit]
Department of Justice policy[edit]
The United States Department of Justice Criminal Division has issued a prosecution policy relating to enforcement of the Act.[1] In general, it states:
The EEA is not intended to criminalize every theft of trade secrets for which civil remedies may exist under state law. It was passed in recognition of the increasing importance of the value of intellectual property in general, and trade secrets in particular to the economic well-being and security of the United States and to close a federal enforcement gap in this important area of law. Appropriate discretionary factors to be considered in deciding whether to initiate a prosecution under § 1831 or § 1832 include:
(a) the scope of the criminal activity, including evidence of involvement by a foreign government, foreign agent or foreign instrumentality;
(b) the degree of economic injury to the trade secret owner;
(c) the type of trade secret misappropriated;
(d) the effectiveness of available civil remedies; and
(e) the potential deterrent value of the prosecution.
The availability of a civil remedy should not be the only factor considered in evaluating the merits of a referral because the victim of a trade secret theft almost always has recourse to a civil action. The universal application of this factor would thus defeat the Congressional intent in passing the EEA.
Use of EEA[edit]
The Act can be employed to accomplish several purposes:
It can be used to protect a company’s valuable intellectual property by prosecuting dishonest competitors who steal a company’s trade secrets, but
it can also be used against a company that finds itself with trade secrets belonging to a competitor.[2]
In United States v. Lange,[3][4] the EEA was used to protect a victim company that had learned that Lange, a disgruntled former employee, had been offering to sell its secret manufacturing processes to third parties. The company reported Lange to the FBI, and Lange was arrested and subsequently convicted and sentenced to 30 months in prison. The case was successful in large part because the company undertook reasonable measures to keep its information secret, including:[2]
physically securing the trade secrets in question
limiting the distribution of documentation describing the trade secret
limiting the number of employees with access to the trade secret
notifying such employees that they were working with confidential information, and placing warnings on trade secret information
providing vendors with only partial information of the trade secret, so that it could not be replicated
The EEA has also been used to prosecute a Boeing manager, together with an employee he hired from Lockheed Martin with the offer of a higher salary in return for his inside information on Lockheed Martin’s pricing.[2][5] Although the EEA charges were later dropped, the matter resulted in Boeing being denied $1 billion in contracts from the United States Air Force, as well as it paying a $615 million settlement to the US Government.[6]
§ 1831 - First conviction and sentence[edit]
In February 2010, former Boeing engineer Dongfan "Greg" Chung was sentenced to 16 years in prison, following the first ever trial conviction under the 1996 Economic Espionage Act. Chung, a native of China, was convicted by the US District Court for the Central District of California of stealing Boeing trade secrets related to the US Space Shuttle program and the Delta IV rocket. He spent over 30 years providing U.S. aerospace technologies to China. Chung was convicted on charges related to more than 350,000 sensitive documents that were found concealed in crawl spaces underneath his home, including conspiracy to commit economic espionage, six counts of economic espionage to benefit a foreign country, one count of acting as an agent of the People’s Republic of China, and one count of making false statements to the FBI. The 15-year sentence is viewed as a life sentence for Chung who is 74 years old.
Chung was arrested by special agents from the FBI's Los Angeles Field Office in February 2008. He worked for Rockwell International from 1973 until its defense and space unit was acquired by Boeing in 1996, and he continued to work for Boeing as an employee and then as a contractor through 2006. Chung's arrest resulted from an investigation into the case of Chi Mak, a Chinese-American engineer convicted in 2007 of conspiring to export sensitive naval technologies to China and sentenced to more than 24 years in prison.
At Chung's sentencing, presiding judge, Cormac Carney, said that he could not “put a price tag” on national security, and that with the long sentence for Chung he wanted to send a signal to China to “stop sending your spies here.”[7]
In April 2012, Chung's conviction was upheld by the United States Court of Appeals for the Ninth Circuit.[8][9]
§ 1832 - First conviction and sentence[edit]
Most prosecutions under the Economic Espionage Act have been for violation of Section 1832 (Trade Secret Theft). The first such prosecution was of Daniel and Patrick Worthing, maintenance workers at PPG Industries in Pennsylvania who stole blueprints and diskettes. Both pleaded guilty in early 1997.[10] For another example, see the first conviction in California, that of David Brian Kern.[11]
After an August, 2007 plea of guilt for (one count) of violating the Economic Espionage Act and one count of violating the Arms Export Control Act, San Jose U.S. District Court Judge Jeremy Fogel sentenced Canadian citizen Xiaodong Sheldon Meng, 44, to 24 months in federal prison, 3 years of parole and a $10,000 fine, with forfeiture of computer equipment seized. Meng was indicted in December 2006, with 36 counts, "for stealing military software from a Silicon Valley defense contractor and trying to sell it to the Chinese military." The first to be convicted of Economic Espionage (Section 1831), Meng admitted "illegally obtaining a program used for military training from Quantum3D and later using the program in a demonstration to the People's Liberation Army Navy after he no longer worked for the firm; he attempted to sell the fighter-pilot training software programs to the Royal Thai Air Force, the Royal Malaysian Air Force and the Navy Research Center in China." He paid $500,000 bond, for temporary liberty, until August 18 when he begins serving sentence.[12]
On June 18, 2008, Meng was the first individual sentenced under the Economic Espionage statute. Meng was the first person convicted of both the Economic Espionage Act of 1996 and the Arms Export Control Act. He received a 24-month sentence and $10,000 fine, which included a sentencing departure for cooperation, according to news reports.[13][14][15]
Further developments[edit]
Intersection with trade law[edit]
The International Trade Commission has used the EEA's definition of misappropriation to support its enforcement of US trade laws that prohibit "unfair methods of competition and unfair acts in the importation of articles ... in the United States."[16] In Tianrui Group Company Limited LLC v International Trade Commission, the United States Court of Appeals for the Federal Circuit held that the manufacture abroad of products using a process that was developed in the United States, protected under domestic trade secret law, and misappropriated abroad, violated section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337. The ITC therefore had the authority to bar the importation of such products into the United States.[17][18][19]
Scope of trade secrets[edit]
The extent to which trade secrets are covered under § 1832 was expanded in 2012, following the reversal of a conviction in April 2012 by the United States Court of Appeals for the Second Circuit in United States v. Aleynikov[20] In that case, it was held that the theft of the source code for a proprietary system at Goldman Sachs was never intended to be placed in interstate or foreign commerce. As Goldman had no intention of selling or licensing its system, § 1832 (as it was written at that time) did not apply.[21] The provision was promptly amended on December 28, 2012 with the passage of the Theft of Trade Secrets Clarification Act of 2012, so that it now applies to products or services that are used or intended for use in interstate or foreign commerce.[22] The amendment led to a conviction in United States v. Agrawal.
Expansion of penalties[edit]
On January 24, 2013, § 1831 was amended to increase the maximum fines:
in the case of individuals, from $500,000 to $5,000,000, and
in the case of organizations, from $10,000,000 to "the greater of $10,000,000 or 3 times the value of the stolen trade secret to the organization."[23]
Civil cause of action[edit]
On May 11, 2016, in what Forbes called "the single most important intellectual property development since Congress enacted the America Invents Act,"[24] the Defend Trade Secrets Act (Pub.L. 114–153) expanded the EEA's reach. In cases filed after that date:
18 U.S.C. § 1836(b) is replaced to provide for private civil actions, including (subject to appropriate safeguards) ex parte orders "providing for the seizure of property necessary to prevent the propagation or dissemination of the trade secret that is the subject of the action." Remedies available to the court include the granting of injunctions, awarding of damages (including treble damages in cases of wilful and malicious misappropriation) and the awarding of costs in cases where the claim was made in bad faith.
18 U.S.C. § 1832(b) is amended to provide for criminal fines to be the greater of $5,000,000 or three times the trade secret's value (including any reproduction costs that the holder of the trade secret has avoided).
18 U.S.C. § 1961(1) is amended to include 18 U.S.C. §§ 1831–1832 in the RICO list of predicate offences signifying racketeering activity.
18 U.S.C. § 1833 is amended to provide for whistleblower protection for an individual who makes a confidential disclosure to a government official in cases of a suspected violation of the law, or files a sealed document to the court with respect to an antiretaliation lawsuit. As a reinforcing measure, employers are required to include a notice of such immunity in any employment agreement that governs trade secrets and other confidential information.
Impact of the Act[edit]
This legislation has created much debate within the business intelligence community regarding the legality and ethics of various forms of information gathering designed to provide business decision-makers with competitive advantages in areas such as strategy, marketing, research and development, or negotiations.[citation needed] Most business intelligence (also known as competitive intelligence practitioners) rely largely on the collection and analysis of open source information from which they identify events, patterns, and trends of actionable interest. However, some techniques focus on the collection of publicly available information that is in limited circulation. This may be obtained through a number of direct and indirect techniques that share common origins in the national intelligence community. The use of these techniques is often debated from legal and ethical standpoints based on this Act.
One such example is the collection and analysis of gray literature. The techniques for developing actionable intelligence from limited circulation / limited availability documents such as selected corporate publications can raise difficult legal and ethical questions under both intellectual property laws and the Economic Espionage Act.
The Society for Competitive Intelligence Professionals provides training and publications which outline a series of guidelines designed to support business intelligence professionals seeking to comply with both the legal restrictions of the EEA as well as the ethical considerations involved. In 1999, the Society of Competitive Intelligence Professionals published its Policy Analysis on Competitive Intelligence and the Economic Espionage Act which explained how the Economic Espionage Act will not affect legitimate competitive intelligence.[25] The National Law Journal of March 29, 2000, reviewed the Policy Analysis and reported that the Policy Analysis' conclusion was that the EEA's "impact on legitimate competitive intelligence would be negligible" and that "nearly four years" after the EEA's passage, "it appears that the [Policy Analysis'] predictions were on target."[26]
The EEA was developed on the basis of a national philosophy that emphasizes a "level playing field" for all business competitors that arose in no small part due to the size and diversity of the American private sector. Many other nations not only lack such legislation, but actively support industrial espionage using both their national intelligence services as well as less formal mechanisms including bribery and corruption. The United States Office of the National Counterintelligence Executive publishes an annual report on Foreign Economic Collection and Industrial Espionage mandated by the U.S. Congress which outlines these espionage activities of many foreign nations.
The United States does not engage in state-sanctioned industrial espionage. In 2000, in response to European concerns, a former U.S. Director of Central Intelligence, James Woolsy, said (in the March 17, 2000 Wall Street Journal editorial) that if there is collection, it's usually focused on bribery by European companies, not on access to technologies. Woolsey said "most European technology just isn’t worth our stealing." As DCI, Woolsey testified before Congress that he was reluctant to engage in economic espionage as the endeavor is "fraught with complexities, legal difficulties (and) foreign policy difficulties."
In 2000, the European Parliament voted to carry out an investigation into the international surveillance project ECHELON. That same year the French government also began an official investigation into allegations that several collaborating nations may be using the program for illegal purposes. U.S. Central Intelligence Agency documents had been revealed to the British press, showing that the U.S. has been using the technology to monitor European business communications. The French and European allegations centered on the suspicion that such information was being passed to U.S. firms. The U.S. stated that monitoring was focused on the participation of European firms in supplying foreign WMD (weapons of mass destruction) programs, such as the Iran nuclear program, on evading sanctions in Iran and Libya, and on the bribery of foreign officials, such as French payments to Saudi Defense officials.
See also[edit]
ITT Corporation
Non-disclosure agreement
Trade secret
References[edit]
Jump up ^ "USAM Chapter 9-59.000 - Economic Espionage Act of 1996 (18 U.S.C. §§ 1831-1837)—Prosecutive Policy". United States Department of Justice Criminal Division. February 27, 2013.
^ Jump up to: a b c "The Economic Espionage Act: The Double-edged Sword". Dorsey & Whitney LLP. Spring 2004. Retrieved February 28, 2013.
Jump up ^ Text of United States v. Lange, 312 F.3d 263 (7th Cir. 2002) is available from: Findlaw resource.org
Jump up ^ Searle 2010, pp. 119–121.
Jump up ^ US v. Branch and Erskine, Criminal case 2:03-CR-00715-RSWL-1 (Central District of California, filed July 17, 2003)
Jump up ^ Searle 2010, pp. 116–119.
Jump up ^ United States Attorney's Office Central District of California (February 8, 2010). "Former Boeing Engineer Sentenced to Nearly 16 Years in Prison for Stealing Aerospace Secrets for China". Federal Bureau of Investigation Los Angeles. Retrieved 16 August 2010.
Jump up ^ United States v. Chung, 659 F.3d 815 (9th Cir. 2011), cert. denied, No. 11-1141, 2012 WL 929750 (U.S. Apr. 16, 2012).
Jump up ^ "Ninth Circuit Upholds First Trial Conviction Under § 1831 of the Economic Espionage Act of 1996" (PDF). Harvard Law Review. Harvard Law School. 125 (8). 2012. Retrieved 27 February 2013. [dead link]
Jump up ^ "Annual Report to Congress on Foreign Economic Collection and Industrial Espionage: 1998" (PDF). National Counterintelligence and Security Center (NCSC). Office of the Director of National Intelligence. Retrieved 4 October 2016.
Jump up ^ Atkinson, Russell (2000). "David Brian Kern: Theft of Trade Secrets". Cryptologia.
Jump up ^ Coté, John (June 19, 2008). "Salesman gets 2 years for industrial spying". Sfgate.com. Retrieved October 3, 2016.
Jump up ^ United States v. Meng, No. CR 04-20216 JF (U.S.D.C. N.D. Calif.)
Jump up ^ Dan Levine (June 19, 2008). "Judge Takes Hard Line in First Economic Espionage Sentence". The Recorder. Retrieved February 27, 2013.
Jump up ^ John Coté (August 19, 2010). "Salesman gets 2 years for industrial spying". The San Francisco Chronicle. Retrieved February 27, 2013.
Jump up ^ Michael Strapp (April–May 2012). "Combating Trade Secret Theft Abroad through Legal Action at Home". Executive Counsel. Retrieved February 27, 2013.
Jump up ^ "In the Matter of Certain Cast Steel Railway Wheels, Processes for Manufacturing or Relating to Same and Certain Products Containing Same ; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation". Federal Register. February 23, 2010. Retrieved February 27, 2013.
Jump up ^ Text of Tianrui Group Company Limited LLC v International Trade Commission, 661 F.3d 1322 (Fed. Cir. 2011) is available from: Findlaw
Jump up ^ Emily Miao (Fall 2012). "The TianRui Group Company Ltd. v. U.S. International Trade Commission: A Powerful New Weapon for Combating Trade Secret Misappropriation Abroad". McDonnell Boehnen Hulbert & Berghoff LLP. Retrieved February 27, 2013.
Jump up ^ "United States v. Aleynikov, 676 F.3d 71, 75 (2d Cir. 2012)". Archived from the original Check |url= value (help) on 2013-07-11. Reversing United States v. Aleynikov, 737 F. Supp. 2d 173 (S.D.N.Y. 2010)
Jump up ^ Elacqua, James J.; Nemec, Douglas; Sammi, P. Anthony; DeVito, Daniel A.; Cohen, Stacey L. "Recent amendment to the Economic Espionage Act extends protection against misappropriation". Thomson Reuters. Archived from the original on February 17, 2013. Retrieved February 27, 2013.
Jump up ^ Theft of Trade Secrets Clarification Act of 2012, Pub.L. 112–236
Jump up ^ Foreign and Economic Espionage Penalty Enhancement Act of 2012, Pub.L. 112–269
Jump up ^ Goldman, Eric (April 28, 2016). "The New 'Defend Trade Secrets Act' Is The Biggest IP Development In Years". Forbes.
Jump up ^ Society of Competitive Intelligence Policy Analysis on Competitive Intelligence and the Economic Espionage Act, written by Richard Horowitz, Esq.
Jump up ^ Industry Spying Still Flourishes; Criminalizing Trade Secret Theft Hasn't Led to Mass Proseuctions," National Law Journal, March 29, 2000
Further reading[edit]
Committee on the Judiciary (September 16, 1996). "104th Congress (1995-1996), House Report 104-788: H.R. 3723, Economic Espionage Act of 1996". United States House of Representatives. Retrieved February 27, 2013.
Charles Doyle (January 28, 2013). "Stealing Trade Secrets and Economic Espionage: An Overview of 18 U.S.C. 1831 and 1832" (PDF). Congressional Research Service. Retrieved February 26, 2013.
Searle, Nicola Charlotte (2010). The economics of trade secrets: evidence from the Economic Espionage Act (PhD). University of St Andrews. hdl:10023/1632.
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List of Ashes series
From Wikipedia, the free encyclopedia
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The Ashes urn, which remains at the MCC Museum at Lord's. A replica urn is presented to the winning captain.[1]
The Ashes is a Test cricket series played between England and Australia. The series have varied in length, consisting of between one and seven Test matches, but since 1998 have been consistently five matches. It is one of sport's most celebrated rivalries and dates back to 1882.[2][3][4] It is generally played biennially, alternating between the United Kingdom and Australia. Australia are the current holders of the Ashes, having clinched the 2017-18 series in the third test in Perth.
Although the first Test series played between England and Australia was in the 1876–77 season,[note 1][6] the Ashes originated from the solitary Test which the two nations contested in 1882.[7] England lost the match, played at The Oval, and a mock obituary was posted in The Sporting Times, declaring the death of English cricket. It stated that: "The body will be cremated and the ashes taken to Australia."[8] The Honourable Ivo Bligh adopted the term and, as captain of the English party that travelled to Australia the following winter, promised to bring the "Ashes" home.[1]
After its loss to Australia in 1882, England won the next eight series between the two sides, during which time it lost only four of the 22 Tests. Australia won an Ashes series for the first time in 1891–92, when it beat England 2–1.[6] The 1932–33 tour was known as the "Bodyline series" as, in response to the talented Australian batsman Don Bradman, England developed a tactic of bowling quickly at the body of the batsmen with most of the fielders placed in a close ring on the leg side.[9] England won the series, but the tactic prompted changes to the laws of cricket,[9] and the Australians, buoyed by the batting of Bradman,[10] regained the Ashes during the next series and then held them for six series, spanning nineteen years.[6] It was during this period that the Australians travelled to England in 1948, and remained unbeaten during the whole tour, gaining the nickname of "The Invincibles".[11] In addition to winning the five match Test series 4–0, Australia won or drew all of its 29 other matches against county and representative sides.[12]
Australia has won more Ashes Tests than England, winning 134 of the 330 matches, compared to England's 106 victories. Australia also holds the edge in Ashes series won, having won on 33 occasions compared to England's 32. There have been five drawn series, and on four of these occasions, Australia has retained the Ashes due to being holders going into the series. England has retained the Ashes after a drawn series once. On only three occasions has a team won all the Tests in an Ashes series; Australia won all five matches in 1920–21, then repeated the feat in 2006–07 and in 2013–14.[6] England's largest winning margin in an Ashes series was in 1978–79, when it won 5–1. Both England and Australia have held the Ashes for eight series in a row, England doing so between 1882–83 and 1890, while Australia achieved the feat from 1989 to 2002–03.[6] Since 1882, a small number of Test series have been played between the two sides that have not been allocated as Ashes series; those played in 1976–77, 1979–80, 1980 and 1987–88,[6] these series are not listed in the table below.
Contents
1 Key
2 Ashes series
3 Summary of results
4 Notes and references
5 External links
Key[edit]
Years denotes the cricket season in which the series takes place.
Host denotes the host country for the series.
First match denotes the date on which the first match of the series commenced.
Tests denotes how many Tests were played in the series, and in parentheses (if different) the number of Tests that were scheduled to be played in the series.
Australia denotes how many matches in the series were won by Australia.
England denotes how many matches in the series were won by England.
Drawn denotes how many matches in the series were drawn.
Result denotes which side won the series overall, or if it was drawn.
Holder denotes which side was awarded (or retained) the Ashes at the end of the series of matches
Ashes series[edit]
The Honourable Ivo Bligh captained England during their first Ashes series.[1]
Jack Hobbs (left) and Herbert Sutcliffe were two of England's most successful batsmen in the Ashes.[13]
Don Bradman (left), who has scored more runs in the Ashes than any other player, at the toss of the first Test of the 1936–37 Ashes with Gubby Allen.[14]
Shane Warne played for Australia in 14 years of Ashes Tests, taking a record 195 wickets.[15]
Series
Years
Host
First match
Tests
Australia
England
Drawn
Result
Holder
Ref
1 1882–83 Australia 30 December 1882 3 1 2 0 England England [16]
2 1884 England 11 July 1884 3 0 1 2 England England [17]
3 1884–85 Australia 12 December 1884 5 2 3 0 England England [18]
4 1886 England 5 July 1886 3 0 3 0 England England [19]
5 1886-87 Australia 28 January 1887 2 0 2 0 England England [20]
6 1887-88 Australia 10 February 1888 1 0 1 0 England England [21]
7 1888 England 16 July 1888 3 1 2 0 England England [22]
8 1890 England 21 July 1890 2 (3) 0 2 0 England England [23]
9 1891–92 Australia 1 January 1892 3 2 1 0 Australia Australia [24]
10 1893 England 17 July 1893 3 0 1 2 England England [25]
11 1894–95 Australia 14 December 1894 5 2 3 0 England England [26]
12 1896 England 22 June 1896 3 1 2 0 England England [27]
13 1897–98 Australia 13 December 1897 5 4 1 0 Australia Australia [28]
14 1899 England 1 June 1899 5 1 0 4 Australia Australia [29]
15 1901–02 Australia 13 December 1901 5 4 1 0 Australia Australia [30]
16 1902 England 29 May 1902 5 2 1 2 Australia Australia [31]
17 1903–04 Australia 11 December 1903 5 2 3 0 England England [32]
18 1905 England 29 May 1905 5 0 2 3 England England [33]
19 1907–08 Australia 13 December 1907 5 4 1 0 Australia Australia [34]
20 1909 England 27 May 1909 5 2 1 2 Australia Australia [35]
21 1911–12 Australia 15 December 1911 5 1 4 0 England England [36]
22 1912 England 27 May 1912 3 0 1 2 England England [37]
23 1920–21 Australia 17 December 1920 5 5 0 0 Australia Australia [38]
24 1921 England 28 May 1921 5 3 0 2 Australia Australia [39]
25 1924–25 Australia 19 December 1924 5 4 1 0 Australia Australia [40]
26 1926 England 12 June 1926 5 0 1 4 England England [41]
27 1928–29 Australia 30 November 1928 5 1 4 0 England England [42]
28 1930 England 13 June 1930 5 2 1 2 Australia Australia [43]
29 1932–33 Australia 2 December 1932 5 1 4 0 England England [44]
30 1934 England 8 June 1934 5 2 1 2 Australia Australia [45]
31 1936–37 Australia 4 December 1936 5 3 2 0 Australia Australia [46]
32 1938 England 10 June 1938 4 (5) 1 1 2 Drawn Australia [47]
33 1946–47 Australia 29 November 1946 5 3 0 2 Australia Australia [48]
34 1948 England 10 June 1948 5 4 0 1 Australia Australia [49]
35 1950–51 Australia 1 December 1950 5 4 1 0 Australia Australia [50]
36 1953 England 11 June 1953 5 0 1 4 England England [51]
37 1954–55 Australia 26 November 1954 5 1 3 1 England England [52]
38 1956 England 7 June 1956 5 1 2 2 England England [53]
39 1958–59 Australia 5 December 1958 5 4 0 1 Australia Australia [54]
40 1961 England 8 June 1961 5 2 1 2 Australia Australia [55]
41 1962–63 Australia 30 November 1962 5 1 1 3 Drawn Australia [56]
42 1964 England 4 April 1964 5 1 0 4 Australia Australia [57]
43 1965–66 Australia 10 December 1965 5 1 1 3 Drawn Australia [58]
44 1968 England 6 June 1968 5 1 1 3 Drawn Australia [59]
45 1970–71 Australia 27 November 1970 6 (7) 0 2 4 England England [60]
46 1972 England 8 June 1972 5 2 2 1 Drawn England [61]
47 1974–75 Australia 29 November 1974 6 4 1 1 Australia Australia [62]
48 1975 England 10 July 1975 4 1 0 3 Australia Australia [63]
49 1977 England 16 June 1977 5 0 3 2 England England [64]
50 1978–79 Australia 1 December 1978 6 1 5 0 England England [65]
51 1981 England 18 June 1981 6 1 3 2 England England [66]
52 1982–83 Australia 12 November 1982 5 2 1 2 Australia Australia [67]
53 1985 England 13 June 1985 6 1 3 2 England England [68]
54 1986–87 Australia 14 November 1986 5 1 2 2 England England [69]
55 1989 England 8 June 1989 6 4 0 2 Australia Australia [70]
56 1990–91 Australia 23 November 1990 5 3 0 2 Australia Australia [71]
57 1993 England 3 June 1993 6 4 1 1 Australia Australia [72]
58 1994–95 Australia 25 November 1994 5 3 1 1 Australia Australia [73]
59 1997 England 5 June 1997 6 3 2 1 Australia Australia [74]
60 1998–99 Australia 20 November 1998 5 3 1 1 Australia Australia [75]
61 2001 England 5 July 2001 5 4 1 0 Australia Australia [76]
62 2002–03 Australia 7 November 2002 5 4 1 0 Australia Australia [77]
63 2005 England 21 July 2005 5 1 2 2 England England [78]
64 2006–07 Australia 23 November 2006 5 5 0 0 Australia Australia [79]
65 2009 England 8 July 2009 5 1 2 2 England England [80]
66 2010–11 Australia 25 November 2010 5 1 3 1 England England [81]
67 2013 England 10 July 2013 5 0 3 2 England England [82]
68 2013–14 Australia 21 November 2013 5 5 0 0 Australia Australia [83]
69 2015 England 8 July 2015 5 2 3 0 England England [84]
70 2017–18 Australia 23 November 2017 5 4 0 1 Australia Australia [85]
Summary of results[edit]
Played
Won by
Australia
Won by
England
Drawn
All Tests
330 134 (7001406000000000000♠40.6%) 106 (7001321000000000000♠32.1%) 90 (7001273000000000000♠27.3%)
Tests in Australia
167 86 (7001515000000000000♠51.5%) 56 (7001335000000000000♠33.5%) 25 (7001150000000000000♠15%)
Tests in England
163 48 (7001294000000000000♠29.4%) 50 (7001307000000000000♠30.7%) 65 (7001399000000000000♠39.9%)
All series
70 33 (7001471000000000000♠47.1%) 32 (7001457000000000000♠45.7%) 5 (7000710000000000000♠7.1%)
Series in Australia
35 19 (7001543000000000000♠54.3%) 14 (7001400000000000000♠40%) 2 (7000570000000000000♠5.7%)
Series in England
35 14 (7001400000000000000♠40%) 18 (7001514000000000000♠51.4%) 3 (7000860000000000000♠8.6%)
As of 8 January 2018
Notes and references[edit]
Notes
Jump up ^ Cricket is generally played during the summer months of the host country: therefore in England it is typically played between May and September, while in Australia it typically takes place between October and April. To reflect this, cricket seasons are listed as YYYY in England, and YYYY–YY in Australia.[5]
References
^ Jump up to: a b c "The Ashes – History". Marylebone Cricket Club. Archived from the original on 2013-03-11. Retrieved 2011-02-19.
Jump up ^ Martin, Jack (2010-11-15). "Ashes series set to reignite old rivalry". CNN Traveller. CNN. Retrieved 2011-02-27.
Jump up ^ Marks, Vic (2010-09-26). "Return of Ashes spirit can lift England out of post-Pakistan mire". The Observer. London: Guardian Media Group. Retrieved 2011-02-27.
Jump up ^ "Top 10 Rivalries". Sky Sports. Retrieved 2011-02-27.
Jump up ^ "Match/series archive". ESPNcricinfo. Retrieved 2011-03-03.
^ Jump up to: a b c d e f "Records / England / Test matches / Series results". ESPNcricinfo. Archived from the original on 2012-10-05. Retrieved 2011-02-19.
Jump up ^ Williamson, Martin. "A short history of the Ashes". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ Altham, H.S.; Swanton, E.W. (1938) [1926]. "England v Australia: 1882–1890". A History of Cricket (Second ed.). London: George Allen & Unwin Ltd. p. 170.
^ Jump up to: a b ESPNcricinfo staff. "A dummy's guide to Bodyline". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "Ashes to Ashes: The Bradman years". Cricket365.com. 2010-11-20. Archived from the original on 2011-08-07. Retrieved 2011-04-11.
Jump up ^ "Sporting greats – Australia reveres and treasures its sporting heroes". Department of the Environment, Water, Heritage and the Arts. Archived from the original on 2011-04-08. Retrieved 2011-02-19. The 1948 Australian cricket team captained by Don Bradman, for example, became known as 'The Invincibles' for their unbeaten eight-month tour of England. This team is one of Australia's most cherished sporting legends.
Jump up ^ "Australians in England, 1948". ESPNcricinfo. Retrieved 2011-02-19. Originally published in: Preston, Hubert, ed. (1949). Wisden Cricketer's Almanack 1949 (86 ed.). London: Sporting Handbooks Ltd.
Jump up ^ "Six great Ashes batsmen". England and Wales Cricket Board. Archived from the original on 2012-10-05. Retrieved 2011-03-26.
Jump up ^ "Ashes Legends XI: Sir Donald Bradman (1908–2001)". BBC Sport. Retrieved 2011-03-26.
Jump up ^ "Shane Warne – Five unforgettable Ashes balls that rocked England down the years". Daily Mail. London. 2010-12-08. Retrieved 2012-06-19.
Jump up ^ "The Ashes 1882/83 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1884 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1884/85 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1886 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1886/87 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1887/88 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1888 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1890 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1891/92 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1893 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1894/95 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1896 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1897/98 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1899 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1901/02 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1902 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1903/04 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1905 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1907/08 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1909 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1911/12 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1912 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1920/21 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1921 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1924/25 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1926 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1928/29 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1930 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1932/33 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1934 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1936/37 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1938 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1946/47 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1948 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1950/51 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1953 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1954/55 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1956 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1958/59 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1961 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1962/63 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1964 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1965/66 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1968 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1970/71 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1972 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1974/75 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1975 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1977 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1978/79 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1981 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1982/83 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1985 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1986/87 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1989 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1990/91 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1993 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1994/95 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1997 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 1998/99 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 2001 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 2002/03 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 2005 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 2006/07 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 2009 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ "The Ashes 2010/11 / Results". ESPNcricinfo. Retrieved 2011-02-19.
Jump up ^ Brettig, Daniel (2013-08-05). "England retain Ashes on rainy day". ESPNcricinfo. Retrieved 2013-08-05.
Jump up ^ "The Ashes 2013/14 / Results". ESPNcricinfo. Retrieved 2014-01-05.
Jump up ^ "The Ashes 2015 / Results". ESPNcricinfo. Retrieved 2015-08-23.
Jump up ^ "The Ashes 2017 / Results". ESPNcricinfo. Retrieved 2017-12-06.
External links[edit]
Williamson, Martin. "A short history of the Ashes". ESPNcricinfo. Retrieved 2011-02-19.
show
v
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e
The Ashes
List of Ashes series
1850
1884 1886 1888 1890 1893 1896 1899
1882–83 1884–85 1886–87 1887–88 1891–92 1894–95 1897–98
1900
1902 1905 1909 1912 World War I 1921 1926 1930 1934 1938 World War II 1948
1901–02 1903–04 1907–08 1911–12 1920–21 1924–25 1928–29 1932–33 1936–37 1946–47
1950
1953 1956 1961 1964 1968 1972 1975 1977 1981 1985 1989 1993 1997
1950–51 1954–55 1958–59 1962–63 1965–66 1970–71 1974–75 1978–79 1982–83 1986–87 1990–91 1994–95 1998–99
2000
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Non-Ashes Australia v England Test series
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Matches in white background were played in England, yellow – in Australia.
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