Skip to main content
Article
Introducing A Take-Down for Trade Secrets on the Internet
Wisconsin L Rev (2007)
  • Elizabeth A Rowe, University of Florida
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. The current requirement of a court order for a take-down is not only expensive, but does not offer the requisite expediency for trade secret owners, especially given the speed with which information can be distributed over the Internet. This Article introduces and explores a proposal for trade secret take-down legislation, similar to that provided for the immediate removal of suspected copyright violations under the Digital Millennium Copyright Act (DMCA). The Article offers a thorough and balanced assessment of the propriety of this kind of legislation including First Amendment considerations
Keywords
  • trade secrets,
  • internet,
  • take-down,
  • dmca
Disciplines
Publication Date
2007
Citation Information
Elizabeth A Rowe. "Introducing A Take-Down for Trade Secrets on the Internet" Wisconsin L Rev Vol. 2007 (2007)
Available at: http://works.bepress.com/elizabeth_rowe/1/