Trade Secret Cases On the Rise

Barnes & Thornburg LLP - Mitchell Berry

In recent years, there has been a noticeable uptick in trade secret litigation, signaling a shift in how businesses safeguard their valuable intellectual property...

Clients are increasingly turning to trade secrets as a means of protecting their innovations, particularly in sectors where rapid technological advancements and short product life cycles render patents less effective. Trade secrets offer perpetual protection as long as the information remains confidential, providing a valuable alternative for companies operating in dynamic and fast-paced markets.

The rise of trade secret litigation also highlights the need for robust internal policies and procedures to safeguard confidential information proactively. Companies must invest in measures such as employee training, restricted access controls, and non-disclosure agreements to mitigate the risk of inadvertent disclosure or theft of trade secrets. more

Did You Know: The legal system does not automatically protect Trade Secrets just on your say-so. You need to prove a history of special protections, like TSCM.

2024 TSCM Trend Analysis

TSCM Equipment Market Size, Share, Competitive Landscape and Trend Analysis Report by Type, by Product and by Industry Vertical: Global Opportunity Analysis and Industry Forecast, 2023-2032

Excerpt: "For instance, Murray Associates, an independent security consulting firm specializing in counterespionage consulting and information security for 40 years, provides TSCM and eavesdropping detection using real-time RF spectrum analysis, which is an advanced TSCM technology. 

In addition, Murray Associates, recently was the first non-government TSCM organization to offer advanced TSCM technology. The firm launched non-linear junction detection (NLJD) that can locate spy cams and other bugging devices even while they are turned off or out of power.

These factors result in innovation of highly discreet and capable modern surveillance technologies that are able to evade methods of traditional TSCM to meet new, emerging technical threats. The advanced TSCM equipment market is expected to grow at the highest CAGR." more

A Corporate New Year's Resolution - Detect Espionage Easily

Intelligence collection is a leisurely process. Enemies quietly collect long before they use. 

Until they use what they have gathered, no harm is done. Knowing this gives you the edge.

• Electronic Surveillance is not the goal. It is a means to an end.
• Electronic Surveillance is a key component of intelligence gathering.
• Electronic Surveillance is the one spy trick which is easily detectable, if you look for it.

Protection Requires Detection
Technical Surveillance Countermeasures (TSCM) audits exploit weaknesses inherent in electronic surveillance. Knowing you are being targeted provides you with time to counter - before your information is used against you; before harm is done.

All businesses need TSCM as their canary in the mine shaft. 

Click here to learn more... counterespionage.com

Why You Really Need a Technical Information Security Consultant

The non-existence of a trade secret asset: ‘confidential’ information
by R. Mark Halligan 

FisherBroyles LLP

For years, there has been a debate whether “confidential” information is analogous to a “trade secret.” It is not. Information is either protected as a “trade secret” or not protected as a “trade secret.” Any other characterization of “confidential” information undermines the protection of trade secret assets and interferes with lawful and fair business competition.

There is no such thing as non-trade secret “confidential” information.

There is no such thing as “confidential” information that does not rise to the level of a trade secret.

There is no middle ground: Either the information is a “trade secret” (and protectable) or not a trade secret (and not protectable).

A “trade secret” is an intellectual property asset that requires reasonable measures to protect the information as a “trade secret” and proof that such information derives an actual or potential economic advantage from the secrecy of the information. more

Your business is based on information and conversations considered confidential, sensitive, or intellectual property. These create your competitive advantage. No less important than trade secrets, and yet, not protected under trade secret law. 

So, what protection do you have? 

Start by adding a Technical Information Security Consultant to your team. Their proactive surveys can spot espionage issues like electronic eavesdropping, information security risks, and employee compliance with information security policies—before they become losses.

Corporate TSCM Information Security Inspections - Myths, Excuses & Reality

There are some myths and excuses that really need to be debunked.

(Not sure what a TSCM inspection is. Check here first.) 

TSCM SECURITY INSPECTION MYTHS and EXCUSES

Espionage is a Covert Act

Excuse: “I don’t see that we have a problem. No one is bugging our offices and boardroom.” 

 

Reality: The first rule of espionage is, “Be invisible.” You won’t know if you are being eavesdropped on if you never check.

Fear of being Labeled Paranoid

Myth: Peer pressure from upper management. 

 

Reality: Most top management appreciate proactive security thinking from their staff.

Lack of Awareness

Excuse: Yes. 

 

Reality: A lack of awareness of the risks associated with electronic eavesdropping, or the need for TSCM security inspections is common. Management may be unaware of TSCM as an available countermeasure.

Cost

Myth: TSCM inspections can be expensive. The costs involved in hiring a professional TSCM specialist, or purchasing specialized equipment, and conducting regular inspections can be a deterrent to scheduling TSCM inspections. 

 

Reality: Espionage losses are more expensive, much more. Hiring a TSCM specialist is very cost-effective, if you hire a competent firm. TSCM inspections are cheap insurance. Actually, better than insurance; TSCM can prevent the loss in the first place.

Perception of Low Risk

Excuse: Some businesses may believe that the risk of electronic eavesdropping is low in their industry or specific workplace. They might assume that their organization does not hold valuable or sensitive information that would attract eavesdroppers. 

 

Reality: Being “in business” means having a competitive advantage, and others do want it.

Lack of In-House Expertise

Excuse: Conducting TSCM inspections requires specialized knowledge and equipment. If a business does not have the expertise in-house they may choose not to pursue these inspections. 

 

Reality: Hiring an information security consultant–who has TSCM as their speciality–is the solution.

 

More TSCM Security Inspection Myths & Excuses

Fear of Disruption

Myth: TSCM security inspections can temporarily disrupt normal business operations. The process involves sweeping the premises, potentially causing interruptions or inconveniences to employees or ongoing activities. Some businesses might be reluctant to undergo such disruptions. 

 

Reality: Most inspections are conducted after business hours. When necessary, a TSCM team will assume the same dress and demeanor as employees, have a plausible reason for being in the area, and will work around employees so as not to disturb them.

Trust in Existing Security Measures

Excuse: Businesses may have confidence in their existing security measures, such as physical security, cybersecurity, or access controls. They might believe that these measures are sufficient to protect against eavesdropping and thus forego TSCM security inspections. 

 

Reality: Experience has shown that do-it-yourself security measures are never sufficient to protect against eavesdropping and other forms of information loss. TSCM inspections always identify vulnerabilities and provide recommendations for improvement.

Lack of Legal or Regulatory Requirements

Excuse: Depending on the industry or geographical location, there may be no legal or regulatory obligations that mandate TSCM inspections. In the absence of such requirements, businesses may choose not to prioritize these inspections. 

 

Reality: The financial success of a business should be a more effective motivator than a legal requirement.

Perception of Invasion of Privacy

Myth: TSCM security inspections are invasive or a breach of employee privacy. They might fear that conducting such inspections could harm employee morale or create an atmosphere of distrust. 

 

Reality: Employees appreciate security measures which protect their livelihood and personal privacy. When an employer demonstrates care for information security, employees will act more carefully too.

Limited Resources

Excuse: Small businesses or those with resource constraints may prioritize other operational needs over TSCM security inspections. They might allocate their limited resources to other critical areas or invest in measures they perceive as more immediate concerns. 

 

Reality: Defense is mandatory for survival. Budget waste and misallocation can usually fund TSCM security inspections without added expense, once corrected.

Overconfidence

Excuse: Some businesses might have a sense of overconfidence in their security measures, believing that they are already adequately protected against electronic eavesdropping. This false sense of security can lead to complacency and a disregard for TSCM inspections. 

 

Reality: These businesses are at-risk.

Carefully assess the risks in your workplace. Schedule TSCM security inspections, because… corporate espionage is not a myth.

###

Murray Associates is an independent technical information security consulting firm. They provide electronic surveillance detection and counterespionage services to business, government and at-risk individuals.

Headquartered in the New York metropolitan area, a Murray Associates team can assist you quickly, anywhere in the United States, and internationally.

Why More Businesses Are Not Conducting Periodic TSCM Inspections

IT & Security Pros Pressured to Keep Quiet About Data Breaches

Organizations globally are under tremendous pressure to address evolving threats like ransomware, zero-day vulnerabilities, and espionage, and they face challenges in extending security coverage across multiple environments and dealing with an ongoing skills shortage, according to Bitdefender.

Alarmingly, more than 42% of the total IT/security professionals surveyed said they have been told to keep a breach confidential when they knew it should be reported and 30% said they have kept a breach confidential.

43% of IT/security professionals surveyed said extending capabilities across multiple environments (on-premises, cloud, and hybrid) is the greatest challenge they face which tied with complexity of security solutions also at 43%.

Not having the security skill set to drive full value came in as a strong second at 36%. more

This is an old phenomenon. We call it The Ostrich Effect.

“Is this a bug?” (updated)

“Is this a bug?” is a question we are often asked.

Usually the answer is, “I understand why you are asking is this a bug. Some bugs do look similar to this. But, here is what you actually found.”

Real electronic eavesdropping devices are getting smaller. So are lots of other little electronic bits which are part of our everyday lives. Distinguishing between the two can be tricky. If the object you found makes you think, is this a bug, keep reading. You stand a good chance of finding your answer here.

From Phone Bugging to Kidnapping...

 ...these are the biggest security concerns of the super-rich...

Armed burglaries, kidnapping, offshore bank account hacking - when it comes to security risks of the super-rich, nothing is off the cards.

‘UHNWs often have unique security concerns due to their wealth and high profile’, says David Webb, Managing Director at Valkyrie, a specialist security consultancy firm. ‘These issues are not just specific to them but can also involve their families and close friends...

In addition to the investigation we conducted a TSCM sweep (Technical Surveillance Counter Measures aka bug search), cyber review and device compromise check, as it was believed the blackmailer had access to the clients systems and possibly had planted eavesdropping devices in his house and office – which ultimately proved true.’ more

"Technical Surveillance Countermeasures Market (TSCM) Is Likely to Experience a Tremendous Growth by 2029"

(Orion Market Research reports, with explanation links added.)

Technical surveillance countermeasures market (TSCM) is anticipated to grow at a significant CAGR during the forecast period. The emergence of wireless technology and Internet of Things technology, growing adoption of espionage device detecting systems in various sectors such as commercial, government, industrial, defence and aerospace, and rising demand for modern surveillance technologies are some of the major factors, that are expected to fuel the technical surveillance countermeasures (TSCM) market demand, during the forecast period.

TSCM, also referred to as digital bug sweeping, entails detection and identification of the presence of technological surveillance hazards and devices, including hidden microphones, cameras, or other electronic devices. It offers thorough instrumented, and, physical and visible evaluation of a facility's technical security status. This system not only detects and locates espionage devices, however, additionally identifies various regions, where an enterprise has a risk factor to lose any vital information through illicit eavesdropping devices or systems such as electronic bugs, hidden cameras, listening devices, cellular interception, Bluetooth interception, burst transmitters, laser microphones, among other devices. more

• Security Companies: Add TSCM to your services menu.

• Corporate Security Departments: Add TSCM to your enterprise services.

In-house, or contract... Contact Murray Associates TSCM for free turnkey advice.

Spy History: Life Imitates Art - The Shoe Bug

...The discovery of a “shoe bug” then prompted SY (US State Department - Division of Security) to modify its ACRs (Acoustic Conference Room)...

In 1969, Harry G. Barnes, Jr., Deputy Chief of Mission in Bucharest, Romania, called a classified conference, which met in the “bubble.” SY officer Lou Grob was monitoring the meeting from another room and heard the conversation. He immediately informed the Administration Officer (the RSO’s superior) that there was a bug in the ACR. After searching, they found something resembling Don Adams’s “shoe phone” from the 1960s television series Get Smart!--the bug was located in the heel of Barnes’s shoe. 

Barnes had had the butler take his shoes out to be modified, and someone had installed the bug in the process. After this incident, SY officers covered ACRs with Reynolds plastic wrap to reduce the radiation of low-power devices such as shoe bugs until the proper security modifications could be made. more  "Psst... Wanna buy some spy shoes? Click this."

The 2.4 GHz Bug: $10

Another Good Reason to Schedule TSCM Corporate Security Inspections

This 2.4 GHz bug is just one of many eavesdropping devices, GPS trackers and spy cameras flooding the market these days. Corporations valuing information security and privacy need to be especially alert.

Many of these surveillance devices are not sophisticated, but they are very effective. 

Worse, they are readily available to anyone with a credit card and internet access. Most are so inexpensive they are considered “toss-away” — use once, don’t retrieve — perfect for short-term, low-risk use. Let’s examine… more

Last Minute Xmas Gift for Your TSCM Nerd

Most of these T-shirts are available on amazon.com

Just Because You are Paranoid... Device Found in CEO's Car

Eskom CEO, André de Ruyter, has doubled down on the claim that he stumbled upon a highly sophisticated tracking device under the driver’s seat of his Volvo...

This comes after details were provided to press in October about a circuit board, described as an “NSA-level device”, that De Ruyter found while cleaning his car.

Articles cited a preliminary report prepared by former police commissioner George Fivaz who claimed the device isn’t commercially available, and is typically used by law enforcement and intelligence agencies...

Journalists were provided photos of the circuit board, which they duly published....

Security researcher Daniel Cuthbert was willing to comment on the record.

He explained that, based on the evidence, the device was likely nothing more than a remote of some kind.

Such a remote button could be a gate or garage opener, a panic button, or a way to arm and disarm a home alarm.

MyBroadband’s in-house researcher and electronic engineer Wikus Steyn agreed.

“There is no GPS chip or antenna, so no tracking that way. I see no mic onboard, although there is what seems to be a 2-pin input at the top, but that is most likely for a push button,” Steyn stated. He also said the quality of soldering suggests cheap mass production. more

Our take... I agree with Dan and Wikus. (but be sure to read the last paragraph) If the TI IC info in the photo is correct TI lists the chip's applications as:

1.2 Applications

• Low-Power, High-Performance, Wireless Systems With Data Rate Up to 1250 kbps
• ISM/SRD Bands: 169, 433, 868, 915, and 920 MHz
• Possible Support for Additional Frequency Bands: 137 to 158.3 MHz, 205 to 237.5 MHz, and 274 to 316.6 MHz
• Smart Metering (AMR/AMI)
• Home and Building Automation
• Wireless Alarm and Security Systems
• Industrial Monitoring and Control
• Wireless Healthcare Applications
• Wireless Sensor Networks and Active RFID
• IEEE 802.15.4g Applications
• Wireless M-Bus, All Modes

Eskom CEO, André de Ruyter, may have misidentified this item, but it definitely doesn't mean he is not being surveilled. Thoughts of tracking and bugging are not normal. Something has made him suspicious. Trust your instincts, André. Get some professional TSCM help, and don't make it a public issue.

Office Bugging Leak Inquiry—Given 7 Days to Submit Report

Pakistani Prime Minister Shehbaz Sharif had ordered the formation of a committee to investigate the leaking of several audio files and a review of cybersecurity at the prime minister’s office (PMO). Formally starting today, the committee will probe the public release of audio clips that took place in the PM office. 

PM Office leak inquiry committee is chaired by Rana Sanaullah, Interior Minister, the main agenda behind it is to inquire how this bugging was done and how cyber security was compromised from such a sensitive office...

Debugging practices (TSCM) are done in government offices but authorities doubt that some advanced mobile phone applications were used. For this, the formal body is going to engage intel agencies and technical experts. more

Using SDRs for Signals Intelligence (SIGINT)

One of the several technical techniques your TSCM team uses to detect illegal electronic eavesdropping...

Signals intelligence (SIGINT) is an umbrella term for collecting and analyzing information through the monitoring of radio frequency signals. In the era of remote and wireless communications, intercepting radio information is crucial in any application involving the malicious use of the RF spectrum, including military surveillance, homeland security, and monitoring of illegal RF transmissions. In this article, we discuss the basic concepts of SIGINT/COMINT, the requirements for system design, how software-defined radio (SDR) can contribute to the performance, and the various applications of SDR-based SIGINT.

By detecting strange signals in a hostile electromagnetic environment, SIGINT systems can rapidly adapt to emerging threats, locate unknown and/or illegal devices, and counteract against adversarial interference. SIGINT requires a large variety of devices, techniques, and algorithms for RF signal detection, measurement, processing, exploitation, and manipulation.

The most fundamental component in a SIGINT system is the spectrum analyzer. more

Journalist Vitaliy Portnikov Finds a Bed Bug

At home in Lvov, journalist Vitaliy Portnikov, presenter of a program about Espresso and Radio Liberty, found a listening device – a voice recorder with the ability to record for a long time.

About this in facebook Deputy Mykola Kniazhitsky said, reports Ukrinform.

“Journalist Vitaliy Portnikov, presenter of a program on Espresso and Radio Liberty, found a listening device at home in Lviv. This is a voice recorder with the ability to record for a long time. The police were called. They were quickly on the spot. do not know who and what purpose this device has installed: our services, foreign or criminals,” said the politician.

Vitaly Portnikov commented on the incident for “Espresso“: “Today, while cleaning the apartment in which I was located at the end of February, when the war started, I found a recording device under the bed. There was an inventory number on the device. I notified the police of my find so they could investigate the incident.”

Vitaliy Portnikov is a well-known Ukrainian journalist, publicist and political commentator. Works with Radio Liberty and Espresso. more