Dumpster Diving and the Ethical Blindspot of Trade Secret Law

Abstract

Trade secret law is complex and still emerging, but throughout its development, trade secret law has consistently promoted minimum standards of commercial ethics. Indeed, promoting commercial ethics is one of trade secret law's fundamental purposes. Consistent with this ethical purpose, trade secret law proscribes the use of improper means to acquire another's trade secrets. Improper means of acquiring trade secrets include familiar methods of industrial espionage, such as wiretapping and eavesdropping, as well as methods that are not so familiar, like aerial surveillance.