Restatement (Third), Unfair Competition § 43

RESTATEMENT OF THE LAW, 3rd,
UNFAIR COMPETITION

§ 43 IMPROPER ACQUISITION OF TRADE SECRETS

"Improper" means of acquiring another's trade secret under the rule stated in § 40 include theft, fraud, unauthorized interception of communications, inducement of or knowing participation in a breach of confidence, and other means either wrongful in themselves or wrongful under the circumstances of the case. Independent discovery and analysis of publicly available products or information are not improper means of acquisition.