Espionage and the Espionage Act

Spies, whether sophisticated elites like Ian Fleming’s James Bond or comic fools in Mad Magazine, are beloved by novelists and filmmakers. But real-life spies are often caught by federal agencies that investigate crimes under the Espionage Act.

The 1917 act outlawed obtaining defense-related information to be 흥신소 passed to America’s enemies and spreading dissent during wartime. The Supreme Court upheld the law in 1918.

Origins

Throughout most of human history, nations have sought to create military and economic advantage over rivals through the use of espionage. Most governments have specialized military and civilian intelligence organizations. Even private companies often employ counterspies as a precaution against theft of proprietary information.

Espionage is an ancient craft, documented as early as 1200 bc when the biblical Joshua sent two men out secretly to reconnoiter Palestine. The rise of large nation-states in Europe during the Renaissance gave spies more scope for action. In addition to developing codes, disguised writing, trick inks, and hidden compartments in clothing, spies developed a variety of poisons for assassinations and acts of sabotage.

Niccolo Machiavelli, the Florentine political philosopher, urged rulers to regularly engage in spying tradecraft to protect their interests. His books, The Prince and The Art of War, still resonate with politicians today. But despite its prominence in popular culture, few scholars have studied the strategic principles of espionage. In fact, the public’s understanding of spies is largely informed by fiction, from Ian Fleming’s James Bond to Chelsea Manning’s revelations about higher-than-reported civilian deaths and other sensitive military documents.

Purposes

A spy is a person used by an intelligence agency to steal secrets for them. A spy may also be referred to as an agent or a double agent. A double agent is an intelligence officer who pretends to work for the enemy for the purposes of gathering information or disinformation.

Intelligence officers often use technology to eavesdrop and tap telephones, but they also seek agents who secretly provide them with information. The information a spy gathers may be obtained through a variety of sources, including trade journals and meetings of industry organizations, data from the Patent Office, and analysis of competitors’ products.

The success of a country’s espionage efforts can have lasting effects on international relations. In fact, a country’s ability to fight wars, negotiate trade agreements and make policy decisions depends on the quality of its intelligence. Although real-world espionage rarely resembles the on-screen exploits of James Bond, it is a vital part of many nations’ foreign policy. Spies have shaped foreign policy, altered the course of battles and left a profound (though hidden) mark on world history.

Motives

For a few of the people involved in clandestine activities, it’s more than just money and the excitement of James Bond-style adventures. Some spy because they believe they’re serving a higher moral purpose, and that their actions will have a profound effect on the world around them. They’re often the most successful spies of all, and the people who least regret their choices.

For others, espionage is about power and the desire for significance and superiority over those around them. The famous double agent Robert Hanssen, for example, had a huge ego and felt that his work was an opportunity to gain the attention of his superiors at the FBI, which he believed he had been snubbed by.

Many industrial spies steal information for financial or competitive reasons. For example, they may pick through company trash or hack into company computers to steal trade secrets or confidential information. Then they sell it to their aggressors, for example to a rival business. Others use the information for blackmail. For example, Edward Snowden used his access to government data for personal gain and sabotage.

Techniques

Historically, spies have used various techniques to gather intelligence. They may have listened in on telephone conversations or intercepted mail. Intelligence officers also recruited agents, who provided covert intelligence in exchange for a reward.

Modern espionage often involves stealing or collecting classified information by hacking into computer systems. The information may be related to foreign policy, military technology or personal information about individuals. This kind of espionage is called cyber espionage and has been going on for millennia. But the sophistication of the technique and the availability of new technology means that countermeasures are constantly being developed.

One of the most common forms of espionage is industrial espionage, where competitors steal proprietary data from companies to give themselves an edge in business. Whether it’s a secret formula, strategic plan or the financial details of clients, this information can be very profitable for a competitor. Sadly, it’s also difficult to catch. Even if caught, a company might only face a minor fine for the theft of its intellectual property. But this can be costly for a company in terms of lost profits.

Counterespionage

Historically, governments have engaged in spying to uncover the secrets of rivals. Today, however, economic espionage is also common. Rather than trying to develop a new product themselves, companies will steal ideas and formulas from competitors in order to undercut them in the marketplace. Such activities are referred to as industrial espionage. The FBI works to investigate these cases and raise awareness of the problem through outreach efforts.

In some countries, the act of committing espionage is actually illegal. For example, under the Espionage Act of 1917, it was a crime to steal government documents and pass them on to foreign nations. This was the case for the famous leaker of the Pentagon Papers, Daniel Ellsberg.

Spying can take many forms, from stealing documents to using remote control devices to listen in on conversations. Those caught in the act may face prison time, or even death for their involvement. To be charged with the crime, the federal government must show that an offender had a conscious decision to violate the act by disclosing classified information and that the offense was committed in furtherance of espionage.