Competitive Intelligence Review最新文献

Online research via the Internet has revolutionized the role of independent information brokers, who provide fee-based services ranging from online database searching and public records' research, to digital library development. While information brokering once focused on “rip and ship”—running a search, printing out the results, and shipping it out to the client—information brokers today are expected to be true “intelligent agents,” evaluating sources, detecting and alerting clients to discrepancies in the data, summarizing the results and making recommendations based on the information gathered. Moreover, clients now expect information in hours instead of days. And the global economy has increased the need to collect information from international sources. The mushrooming number of online “boutique services” are providing more, and better, information on specialized niches—but these accounts can be costly, and they require staying on top of system features and quirks (including unique search software) and pricing options. The author concludes that the proliferation of information online will translate into greater appreciation for the information broker's skills in finding useful information efficiently, evaluating alternative sources, and selecting the ones most appropriate for the client's project, while providing a buffer of confidentiality when inquiries need to be made without involving the client's name. © 1997 John Wiley & Sons, Inc.

Businesses must show that they have taken reasonable measures to protect their proprietary trade secrets in order to invoke the protection of the Economic Espionage Act of 1996. The Federal Sentencing Guidelines can be a roadmap for meeting this requirement, since they provide instructions on how to design, implement, and enforce an effective program to prevent and detect violations of the law. By complying with the seven steps outlined in the Guidelines, businesses can show that they have exercised due diligence in seeking to prevent and detect criminal conduct by employees and other agents. The author discusses each of these requirements as applied to the EEA. © 1997 John Wiley & Sons, Inc.

Although the Economic Espionage Act of 1996 greatly broadened the definition of “trade secrets” whose misappropriation can trigger criminal penalties, businesses still must keep abreast of the capabilities, vulnerabilities, and intentions of their rivals if they are to remain competitive. Fortunately, the Act does not, in fact, hamstring aggressive intelligence gathering—as long as CI professionals recognize the legal boundaries and apply common sense when in the field. Smart analysis of available data, after all, remains fair game. To navigate gray areas, identify yourself when soliciting information. Be wary of specialized information from suppliers, joint-venture partners, new employees, or job candidates that may legally belong to a competitor. If you know the target company is treating information as confidential, don't ask for it. Observe basic safe-search limits, and you can remain an aggressive competitor. © 1997 John Wiley & Sons, Inc.

Arguing that “business is a form of warfare,” the author contends that foreign and domestic economic espionage, trade secrets theft, and unethical competitive intelligence collection activities have been targeted at America's industrial base. Now, however, with the passage of the Economic Espionage Act of 1996 (the EEA), dubious competitive intelligence operations are no longer entitled to a “free ride.” The author believes that the current Code of Ethics of the Society of Competitive Intelligence Professionals is too broad and encourages a variety of interpretations, particularly when it comes to the practices of outside consulting firms that specialize in “hard-to-get” information. Given the penalties companies now face under the EEA, the author advises businesses hiring outside competitive intelligence or “research” consultants to specifically define in writing: (1) What is hard-to-get information?; (2) How do they obtain this information?; (3) Do they adhere to SCIP's Code of Ethics?; and (4) Do they have accounts with clients' competitors and have they collected against the client for these competitors? Moreover, businesses that either engage in CI activities or hire outside contractors to do so should commit their collection plan to paper, and have it reviewed and approved by legal counsel. © 1997 John Wiley & Sons, Inc.