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A Review of U.S. Legislation on Unauthorized Technology Transfer
In the contemporary digital age, the rapid pace of technological advancement has elevated concerns regarding unauthorized technology transfers. These illicit transfers not only pose economic threats but also have the potential to compromise national security, strain international relationships, and impede technological innovation. Recognizing these challenges, the United States, as a technological leader, has implemented stringent laws and regulations to counteract such activities. Unauthorized technology transfer or disclosure is treated seriously within the United States. It can be subject to various laws, including export control regulations, economic sanctions, and Nonproliferation laws. Export control measures such as the International Traffic in Arms Regulations (ITAR), targeting defense items, and the Export Administration Regulations (EAR), focused on dual-use items, are enforced. The Office of Foreign Assets Control (OFAC) regulations oversee U.S. trade sanctions. At the same time, the Iran, North Korea, and Syria Non-proliferation Act (INKSNA) penalizes those aiding proliferation activities in these countries. Such unauthorized transfers could undermine global security by violating international agreements like the Nuclear Non-Proliferation Treaty. The United States employs a multi-faceted approach to counter these threats, including international partnerships, strengthened export controls, diplomatic efforts, and rigorous enforcement. Beyond the legal aspects, unauthorized technology transfer carries significant economic, national security, and global trade implications. Intellectual property (IP) theft can result in economic losses, national security risks, and strained trade relations. Legal protections against IP theft encompass Patents, Trade Secrets, Copyright, and Trademark Acts. In conclusion, unauthorized technology transfers and IP theft present multi-faceted challenges with far-reaching implications for global security, economic prosperity, and international relations. The comprehensive approach taken by the United States, which combines legal measures, diplomatic engagement, and collaborative efforts, serves as a valuable example that South Korea can learn from and enhance to keep technological advancements and ensure a secure digital future.
