Bill Attempts to Use Home Court Advantage Against Overseas Offenses

On December 12, 2018, Senator Kamala D. Harris (D-CA) introduced the Deterring Espionage by Foreign Entities through National Defense (DEFEND) Act, intending to update the Economic Espionage Act (EEA) "to better address the growing threat of economic and industrial espionage perpetrated by foreign actors."

Changes to USC 18 Ch. 90 under the DEFEND Act would include an increase in damages (from 2 to 3), an increase in the statute of limitations (from 3 years to 5 years), and the establishment of an effects test. However, US court have so far rejected the use of an effects test (see BP Chemicals LTD. v. Formosa Chemical & Fibre Corp., 229 F.3d 254, 2000)

A copy of the proposed bill may be found here.