Orders to preserve confidentiality

18 U.S.C. § 1835

• Title: 18 — Crimes and Criminal Procedure
• Chapter: 90 — PROTECTION OF TRADE SECRETS

Text

(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.

History

(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.)

Editorial Notes

Editorial Notes

References in Text
The Federal Rules of Criminal Procedure, referred to in subsec. (a), are set out in the Appendix to this title.
The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
The Federal Rules of Evidence, referred to in subsec. (a), are set out in the Appendix to Title 28.

Amendments
2016—Pub. L. 114–153 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).