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Though the Internet has made many things possible through the advent of instant communication, it has made protecting trade secrets far more difficult — particularly when it comes to the anonymity of the blogosphere. "Essentially, the Internet provides the opportunity to publish, instantaneously, anonymously and at a nominal cost, on any topic, to a potential audience that represents approximately one seventh of the world's population," says William R. Denny, a partner with Potter Anderson & Corroon LLP (Wilmington, Del.). Denny says that if a trade secret is posted to a blog or elsewhere on the Internet, companies may think immediately about litigation, but this poses several problems. "Taking legal action tends to confirm the validity of the information as a trade secret and remove any doubts of the blogger's credibility. Legal action is also likely to spark a strong response from other bloggers that perceive the action as an attack against free speech or intimidation by the company. Finally, attempts to discover the identity of an anonymous blogger raise issues related to First Amendment rights that have troubled courts in dealing with the issue," says Denny. He has authored an article that outlines the risks posed to trade secrets by the Internet and bloggers, how to locate leaks, the litigation options available as well as recent case law, and how to implement an effective prevention program. The article is available for publication. [06/14/2007]
Channel: Jaffe Legal News Service - Articles for Publication
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