Commercial satellite imagery: CI, KM, and trade secret law

Abstract

Purpose -The purpose of this paper is to examine the implications of remote surveillance or satellite imagery as they relate to trade secret law, knowledge management, and competitive intelligence. Design/methodology/approach -The paper approaches legal issues from the perspective of a trade secret holder. Findings -While conducting research for this paper, it was found that, while technological improvements relating to satellite imagery and remote sensing are increasingly more precise and ubiquitous, the laws protecting businesses that have an interest in protecting trade secrets are inconsistent. On the one hand, the US Government has given itself a powerful tool to protect trade secrets under the Economic Espionage Act. On the other hand, the Government has granted remote satellite companies licences under which they may sell satellite images to industrial competitors, consequently thwarting trade secret protection efforts Originality/value -Trade secrets represent a valuable contribution to a nation's economy, particularly when some interventions do not meet the requirements necessary for more traditional intellectual property regime protection (e.g. copyright, trade mark, patents). A trade secret's value lies in it remaining hidden. There are few cases addressing trade secrets and satellite imagery. The stalwart case, E.I. duPont deNemours & Co., Inc. v. Rolfe Christopher, represents a tentative foray into the subject, but only suggests the rights a trade secret holder may have when a commercial satellite company collects otherwise innocuous data and sells those to a competitor. A proper plaintiff to test the boundaries surrounding trade secret law, satellite imagery, and competitive intelligence remains at large.