Economic Benefit to the Developer or Others Thefts of trade secrets only violate the EEA if someone misappropriates secrets to economically benefit themselves or someone other than the owner. Intent to Injure the Owner People seldom confess, so proving intent to injure the owner can be done indirectly by proof of their actions. Anyone who uses or discloses a trade secret without the owner's permission, even merely as a lark, arguably has some intent to hurt the owner because, after disclosure, the information will no longer be secret. In other words, proof of an unauthorized use or disclosure may suffice to prove intent to injure. As mentioned above, the final element of an EEA violation requires that the trade secret is related to or part of a product that is produced for or used in interstate or foreign commerce.
Interstate commerce is commerce conducted in at least two states.
Foreign commerce is commerce conducted anywhere in the United States with a person or business in a foreign country. This requirement exists because, under the United States Constitution, Congress can usually only regulate activity that affects interstate or foreign commerce. If a product involves or is distributed through the Internet, it will in all likelihood be considered interstate or foreign commerce simply because the Internet uses the telephone lines. To do this, your contracts should specifically identify your clients' trade secrets and should acknowledge your right to freely use all other information you acquire as a result of your work on the project. Likewise, if you have employees or if you are an employee, you should have an employment agreement that specifically identifies the employer's trade secrets.