Suppose a person is a citizen of country A, and he/she traveled to the US for a business trip visiting say, a mining plant. That person, whether or not he/she was told it was forbidden or not, takes 5 or so photos of the plant interior. The plant does not allow such photos.
These photos should not be considered as trade secrets, more just confidential information, however either way it was not an appropriate act.
Would this conduct be able to be prosecuted under 18 USC 1832? Keep in mind that the person is a citizen of a different country, A, where trade secrets are not of a criminal offense.
The 1832 section states that in order to be prosecuted, you must have committed something in the US, but it was only a few photos of the interior that doesn't exactly constitute as trade secrets.
Second, let's say this person were to communicate with fellow colleagues while employed, who are based in the US, from Canada, asking for confidential/trade secret information, would this conduct be fair to prosecute under 1832? Bear in mind that the offender himself/herself is physically located in country A.
Thanks for your opinions,