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18 U.S.C. § 1835Orders to preserve confidentiality

submitted 30 years ago by Pub. L. 104-294 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 243 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets rules about “Orders to preserve confidentiality.” It states the duties, permissions, limits, or definitions that apply to that subject.

(a) In General .— In any prosecution or other proceeding under this chapter, the court must enter that orders and take that other action as may be necessary and appropriate to preserve the confidentiality of trade secrets, consistent with the requirements of the Federal Rules of Criminal and Civil Procedure, the Federal Rules of Evidence, and all other applicable laws. An interlocutory appeal by the United States must lie from a decision or order of a district court authorizing or directing the disclosure of any trade secret. (b) Rights of Trade Secret Owners .— The court must not authorize or direct the disclosure of any information the owner asserts to be a trade secret unless the court allows the owner the opportunity to file a submission under seal that describes the interest of the owner in keeping the information confidential. No submission under seal made under this subsection may be used in a prosecution under this chapter for any purpose other than those set forth in this section, or otherwise required by law. The provision of information relating to a trade secret to the United States or the court in connection with a prosecution under this chapter must not constitute a waiver of trade secret protection, and the disclosure of information relating to a trade secret in connection with a prosecution under this chapter must not constitute a waiver of trade secret protection unless the trade secret owner expressly consents to that waiver.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

In any prosecution or other proceeding under this chapter, the court shall enter such orders and take such other action as may be necessary and appropriate to preserve the confidentiality of trade secrets, consistent with the requirements of the Federal Rules of Criminal and Civil Procedure, the Federal Rules of Evidence, and all other applicable laws. An interlocutory appeal by the United States shall lie from a decision or order of a district court authorizing or directing the disclosure of any trade secret.

(b)Rights of Trade Secret Owners.—

The court may not authorize or direct the disclosure of any information the owner asserts to be a trade secret unless the court allows the owner the opportunity to file a submission under seal that describes the interest of the owner in keeping the information confidential. No submission under seal made under this subsection may be used in a prosecution under this chapter for any purpose other than those set forth in this section, or otherwise required by law. The provision of information relating to a trade secret to the United States or the court in connection with a prosecution under this chapter shall not constitute a waiver of trade secret protection, and the disclosure of information relating to a trade secret in connection with a prosecution under this chapter shall not constitute a waiver of trade secret protection unless the trade secret owner expressly consents to such waiver.

Source credit: (Added Pub. L. 104–294, title I, § 101(a), Oct. 11, 1996, 110 Stat. 3490; amended Pub. L. 114–153, § 3(a)(2), May 11, 2016, 130 Stat. 382.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-294 · 110 Stat. 3490
  • 2016Amended · Pub. L. 114-153 · 130 Stat. 382

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-294 on 1996-10-11.

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