The world of espionage is full of action-packed thrillers. The threats are real, and the stakes are high.
Espionage traces spying all the way back to antiquity, while also shining a light on industrial spies and the new techno-spy. Here are a few of the most interesting facts about espionage:.
Counterespionage
A form of espionage that involves secretly monitoring a company or government to collect secret information. It can be used to steal information for a competing company or to blackmail someone with embarrassing secrets.
It’s important to protect classified information because it could affect national security or harm the economy. This is why some people are charged with violating the Espionage Act for leaking information. Wikileaks founder Julian Assange faces charges under this law, as well as others for releasing secret documents to mainstream news outlets.
The act was originally passed during World War I to crack down on activities deemed disloyal or dangerous. Its broad language prohibited acquiring code and signal books, blueprints, photographs, and other documents for America’s enemies; making or circulating flyers opposing the draft; and giving propaganda to enemy countries. The Supreme Court upheld the constitutionality of this act in the 1917 cases Schenck v. United States and Abrams v. United States.
Some of the most famous spies ever prosecuted for espionage are Julius and Ethel Rosenberg, who were convicted in 1951 for passing atomic intelligence secrets to the Soviet Union; Aldrich Ames, who worked as a mole for the CIA and gave classified documents to the Soviets; and Chelsea Manning, who was sentenced to seven years in prison after leaking documents to Wikileaks in 2013. Spies use covert communication methods to share secret information when face-to-face meetings are impractical or impossible. Examples of COVCOM include secret writing, invisible ink, and devices that allow messages to be sent or received without detection (like a special envelope or pouch with an invisible message).
Military Espionage
The use of spies by military nations to gather information on their enemy’s weapons, equipment and plans is as old as warfare itself. Early espionage literature included the novel Kim by Rudyard Kipling, which describes the training of an intelligence agent for the “Great Game” between England and Russia in 19th century Central Asia, as well as James Fenimore Cooper’s classic, The Spy, written in 1821. Today, clandestine HUMINT (human intelligence) gathering activities continue to be used in military, diplomatic and private companies to gather information about a country’s defense capability.
Many espionage targets are military in nature, but the scope of such activities has grown. Intelligence services now focus on industrial and commercial as well as government-related companies in areas such as communications technologies, energy, scientific research, aviation, defence and electronics. These targets may be foreign or domestic.
Because of the sensitive and classified nature of the information involved, anyone caught committing acts of espionage faces serious criminal penalties under federal law. Penalties can include prison sentences and even death, depending on the severity of the case. A recent example was the case of PFC Bradley Manning, who was found guilty of espionage and other crimes related to her release of classified government documents. Manning’s attorneys argued that she had not intended to harm the United States but was acting as a whistleblower, disclosing the actions of others.
Economic Espionage
Though the words “industrial espionage” may conjure up images of a fedora-clad James Bond spying on a competitor’s top-secret manufacturing processes, it is not always so glamorous. In fact, industrial espionage can take many forms and is a very real problem for businesses of all sizes.
Companies that create products that depend heavily on computers for functionality are particularly vulnerable to unauthorized access. This can result in theft of customer or proprietary information, sabotage or even hacking that exposes a company’s valuable IP. The rise of Internet-based threats has also led to a growing number of incidents in which companies have been targeted by hackers seeking confidential information or competitive advantage.
In the past, foreign governments were among the most prolific industrial spies. The espionage often focused on the production of weapons and other military hardware but also included stealing industrial secrets from Western countries to gain an edge in economic development. This was a key reason for the enactment of the Economic Espionage Act in 1996 which makes the misappropriation or theft of trade secrets a federal crime.
While a successful defense in a criminal case can involve many factors, the key is often arguing that the information in question was widely known or available before the time it was stolen. To be considered a federal offense under SS 1832 of the EEA, the information must also be connected to a product that is involved in interstate commerce.
Political Espionage
Espionage can be used to gather information that is critical for a government’s political policies. For example, a national intelligence agency might conduct espionage to retrieve information about a terrorist group or its operations. This information would then be used by a country’s security services to protect the nation from terrorism and other potential threats.
Although most spies are hired by government agencies, private corporations also hire spies for industrial espionage. This involves stealing one company’s trade secrets for the benefit of another domestic or foreign company or government. This type of espionage is illegal in many countries.
Spies share information by writing and sending messages using methods that allow them to remain anonymous and secret. They often use covert communication methods (see Tools of the Trade exhibit) and technically advanced spy devices that can transmit and receive messages in a way that evades interception. They must also transfer money securely. For example, Wikileaks founder Julian Assange was charged with violating the Espionage Act because he published classified documents and other materials.
A small number of spies conduct espionage for non-governmental reasons, including obtaining valuable proprietary information for their own financial gain or for idealistic reasons. They may also commit a variety of other crimes, such as unauthorized possession or transmission of classified information. This activity violates the Espionage Act and can result in imprisonment or a fine.