"Though this new corporate espionage is rampant and rising, calculating the damage to U.S. interests remains difficult. Not all data theft victims are aware of -- or willing to report -- these incidents. Even when a cyber intrusion is detected, investigators usually cannot determine what information has been stolen or how the ultimate recipients will use it," he said.

"Unfortunately, companies experience such losses every day, which can lead to layoffs and less hiring," he added. "Quite simply -- cyber espionage means fewer American jobs. Yet many cyber intrusions could be prevented by implementing sound cybersecurity practices."

in CIO's Legal Drilldown.