Proprietary Section 1831 contains two distinct mental state requirements. Thus, the government must show that the defendant knew or had a firm belief that the information he or she was taking was proprietary. Generally, under criminal statutes covering the theft of tangible property, the government must prove that the thief knew that the object he stole was property that he had no lawful right to convert to his personal use. Applying this same principle to this statute, in order for the defendant to be convicted, the government must establish that the defendant was aware or substantially certain that he was misappropriating a trade secret.
Most companies go to considerable pains to protect their trade secrets.