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Espionage or, casually, spying involves a government, company/firm or individual obtaining information considered secret or confidential without the permission of the holder of the information. Espionage is inherently clandestine, as it is taken for granted that it is unwelcome and in many cases illegal and punishable by law. It is a subset of "intelligence gathering", which otherwise may be conducted from public sources and using perfectly legal and ethical means. It is crucial to distinguish espionage from "intelligence" gathering, as the latter does not necessarily involve espionage, but often collates open-source information.
Espionage is often part of an institutional effort by a government or commercial concern. However, the term is generally associated with state spying on potential or actual enemies primarily for military purposes. Spying involving corporations is known as industrial espionage.
One of the most effective ways to gather data and information about the enemy (or potential enemy) is by infiltrating the enemy's ranks. This is the job of the spy (espionage agent). Spies can bring back all sorts of information concerning the size and strength of an enemy army. They can also find dissidents within the enemy's forces and influence them to defect. In times of crisis, spies can also be used to steal technology and to sabotage the enemy in various ways. Counterintelligence operatives can feed false information to enemy spies, protecting important domestic secrets, and preventing attempts at subversion. Nearly every country has very strict laws concerning espionage, and the penalty for being caught is often severe. However, the benefits that can be gained through espionage are generally great enough that most governments and many large corporations make use of it to varying degrees.
Further information on clandestine HUMINT (human intelligence) information collection techniques is available, including discussions of operational techniques, asset recruiting, and the tradecraft used to collect this information.
Events involving espionage are well documented throughout history. The ancient writings of Chinese and Indian military strategists such as Sun-Tzu and Chanakya contain information on deception and subversion. Chanakya's student Chandragupta Maurya, founder of the Maurya Empire in India, made use of assassinations, spies and secret agents, which are described in Chanakya's Arthasastra. The ancient Egyptians had a thoroughly developed system for the acquisition of intelligence, and the Hebrews used spies as well, as in the story of Rahab. Spies were also prevalent in the Greek and Roman empires. During the 13th and 14th centuries, the Mongols relied heavily on espionage in their conquests in Asia and Europe. Feudal Japan often used ninja to gather intelligence. More recently, spies played a significant part in Elizabethan England (see Francis Walsingham). Many modern espionage methods were well established even then. Aztecs used Pochtecas, people in charge of commerce, as spies and diplomats, and had diplomatic immunity. Along with the pochteca, before a battle or war, secret agents, quimitchin, were sent to spy amongst enemies usually wearing the local costume and speaking the local language, techniques similar to modern secret agents.
The Cold War involved intense espionage activity between the United States and its allies and the Soviet Union and China and their allies, particularly related to nuclear weapons secrets. Recently, espionage agencies have targeted the illegal drug trade and those considered terrorists. Since 2008 the United States has charged at least 57 defendants for attempting to spy for China.
Different intelligence services value certain intelligence collection techniques over others. The former Soviet Union, for example, preferred human sources over research in open sources, while the United States has tended to emphasize technological methods such as SIGINT and IMINT. Both Soviet political (KGB) and military intelligence (GRU) officers were judged by the number of agents they recruited.
Espionage agents are usually trained experts in a specific targeted field so they can differentiate mundane information from targets of intrinsic value to their own organisational development. Correct identification of the target at its execution is the sole purpose of the espionage operation.
Broad areas of espionage targeting expertise include:
Although the news media may speak of "spy satellites" and the like, espionage is not a synonym for all intelligence-gathering disciplines. It is a specific form of human source intelligence (HUMINT). Codebreaking (cryptanalysis or COMINT), aircraft or satellite photography, (IMINT) and research in open publications (OSINT) are all intelligence gathering disciplines, but none of them are espionage. Many HUMINT activities, such as prisoner interrogation, reports from military reconnaissance patrols and from diplomats, etc., are not espionage.
Unlike other forms of intelligence collection disciplines, espionage usually involves accessing the place where the desired information is stored or accessing the people who know the information and will divulge it through some kind of subterfuge. There are exceptions to physical meetings, such as the Oslo Report, or the insistence of Robert Hanssen in never meeting the people who bought his information.
The US defines espionage towards itself as "The act of obtaining, delivering, transmitting, communicating, or receiving information about the national defense with an intent, or reason to believe, that the information may be used to the injury of the United States or to the advantage of any foreign nation". Black's Law Dictionary (1990) defines espionage as: "... gathering, transmitting, or losing ... information related to the national defense". Espionage is a violation of United States law, 18 U.S.C. §§ 792–798 and Article 106a of the Uniform Code of Military Justice". The United States, like most nations, conducts espionage against other nations, under the control of the National Clandestine Service. Britain's espionage activities are controlled by the Secret Intelligence Service.
A spy is a person employed to obtain such secrets. Within the United States Intelligence Community, "asset" is a more common usage. A case officer, who may have diplomatic status (i.e., official cover or non-official cover), supports and directs the human collector. Cutouts are couriers who do not know the agent or case officer but transfer messages. A safe house is a refuge for spies.
In larger networks the organization can be complex with many methods to avoid detection, including clandestine cell systems. Often the players have never met. Case officers are stationed in foreign countries to recruit and to supervise intelligence agents, who in turn spy on targets in their countries where they are assigned. A spy need not be a citizen of the target country—hence does not automatically commit treason when operating within it. While the more common practice is to recruit a person already trusted with access to sensitive information, sometimes a person with a well-prepared synthetic identity (cover background), called a legend in tradecraft, may attempt to infiltrate a target organization.
These agents can be moles (who are recruited before they get access to secrets), defectors (who are recruited after they get access to secrets and leave their country) or defectors in place (who get access but do not leave). One of the famous agent Revant is well known in all.
A legend is also employed for an individual who is not an illegal agent, but is an ordinary citizen who is "relocated", for example, a "protected witness". Nevertheless, such a non-agent very likely will also have a case officer who will act as controller. As in most, if not all synthetic identity schemes, for whatever purpose (illegal or legal), the assistance of a controller is required.
Spies may also be used to spread disinformation in the organization in which they are planted, such as giving false reports about their country's military movements, or about a competing company's ability to bring a product to market. Spies may be given other roles that also require infiltration, such as sabotage.
Many governments routinely spy on their allies as well as their enemies, although they typically maintain a policy of not commenting on this. Governments also employ private companies to collect information on their behalf such as SCG International Risk, International Intelligence Limited and others.
Many organizations, both national and non-national, conduct espionage operations. It should not be assumed that espionage is always directed at the most secret operations of a target country. National and terrorist organizations and other groups are also targets.
Communications both are necessary to espionage and clandestine operations, and also a great vulnerability when the adversary has sophisticated SIGINT detection and interception capability. Agents must also transfer money securely.
In espionage jargon, an "agent" is the person who does the spying; a citizen of one country who is recruited by a second country to spy on or work against his own country or a third country. In popular usage, this term is often erroneously applied to a member of an intelligence service who recruits and handles agents; in espionage such a person is referred to as an intelligence officer, intelligence operative or case officer. There are several types of agent in use today.
Espionage is a crime under the legal code of many nations. The risks of espionage vary. A spy breaking the host country's laws may be deported, imprisoned, or even executed. A spy breaking his/her own country's laws can be imprisoned for espionage or/and treason (which in the USA and some other jurisdictions can only occur if he or she take ups arms or aids the enemy against his or her own country during wartime), or even executed, as the Rosenbergs were. For example, when Aldrich Ames handed a stack of dossiers of U.S. Central Intelligence Agency (CIA) agents in the Eastern Bloc to his KGB-officer "handler", the KGB "rolled up" several networks, and at least ten people were secretly shot. When Ames was arrested by the U.S. Federal Bureau of Investigation (FBI), he faced life in prison; his contact, who had diplomatic immunity, was declared persona non grata and taken to the airport. Ames's wife was threatened with life imprisonment if her husband did not cooperate; he did, and she was given a five-year sentence. Hugh Francis Redmond, a CIA officer in China, spent nineteen years in a Chinese prison for espionage—and died there—as he was operating without diplomatic cover and immunity.
The United States in World War I passed the Espionage Act of 1917. Over the years, many spies, such as the Soble spy ring, Robert Lee Johnson, the Rosenberg ring, Aldrich Hazen Ames, Robert Philip Hanssen, Jonathan Pollard, John Anthony Walker, James Hall III, and others have been prosecuted under this law.
However, espionage laws are also used to prosecute non-spies. In the United States, the Espionage Act of 1917 was used against socialist politician Eugene V. Debs (at that time the act had much stricter guidelines and amongst other things banned speech against military recruiting). The law was later used to suppress publication of periodicals, for example of Father Coughlin in World War II. In the early 21st century, the act was used to prosecute whistleblowers such as Thomas Andrews Drake, John Kiriakou, and Edward Snowden, as well as officials who communicated with journalists for innocuous reasons, such as Stephen Jin-Woo Kim.
As of 2012, India and Pakistan were holding several hundred prisoners of each other's country for minor violations like trespass or visa overstay, often with accusations of espionage attached. Some of these include cases where Pakistan and India both deny citizenship to these people, leaving them stateless. The BBC reported in 2012 on one such case, that of Mohammed Idrees, who was held under Indian police control for approximately 13 years for overstaying his 15 day visa by 2–3 days after seeing his ill parents in 1999. Much of the 13 years was spent in prison waiting for a hearing, and more time was spent homeless or living with generous families. The Indian People's Union for Civil Liberties and Human Rights Law Network both decried his treatment. The BBC attributed some of the problems to tensions caused by the Kashmir conflict.
Espionage is illegal in the UK under the Official Secrets Acts of 1911 and 1920. The UK law under this legislation considers espionage as actions "intend to help an enemy and deliberately harm the security of the nation". According to MI5, a person will be charged with the crime of espionage if they, "for any purpose prejudicial to the safety or interests of the State": approaches, enters or inspects a prohibited area; makes documents such as plans that are intended, calculated, or could directly or indirectly be of use to an enemy; or "obtains, collects, records, or publishes, or communicates to any other person any secret official code word, or pass word, or any sketch, plan, model, article, or note, or other document which is calculated to be or might be or is intended to be directly or indirectly useful to an enemy". The illegality of espionage also includes any action which may be considered 'preparatory to' spying, or encouraging or aiding another to spy. 
An individual convicted of espionage can be imprisoned for up to 14 years in the UK, although multiple sentences can be issued.
Government intelligence is very much distinct from espionage, and is not illegal in the UK, providing that the organisations of individuals are registered, often with the ICO, and are acting within the restrictions of the Regulation of Investigatory Powers Act (RIPA). 'Intelligence' is considered legally as "information of all sorts gathered by a government or organisation to guide its decisions. It includes information that may be both public and private, obtained from many different public or secret sources. It could consist entirely of information from either publicly available or secret sources, or be a combination of the two."
However, espionage and intelligence can be linked. According to the MI5 website, "foreign intelligence officers acting in the UK under diplomatic cover may enjoy immunity from prosecution. Such persons can only be tried for spying (or, indeed, any criminal offence) if diplomatic immunity is waived beforehand. Those officers operating without diplomatic cover have no such immunity from prosecution".
There are also laws surrounding government and organisational intelligence and surveillance. Generally, the body involved should be issued with some form of warrant or permission from the government, and should be enacting their procedures in the interest of protecting national security or the safety of public citizens. Those carrying out intelligence missions should act within not only RIPA, but also the Data Protection Act and Human Rights Act. However, there are specific spy equipment laws and legal requirements around intelligence methods that vary for each form of intelligence enacted.
In military conflicts, espionage is considered permissible as many nations recognizes the inevitability of opposing sides seeking intelligence each about the dispositions of the other. To make the mission easier and successful, soldiers or agents wear disguises to conceal their true identity from the enemy while penetrating enemy lines for intelligence gathering. However, if they are caught behind enemy lines in disguises, they are not entitled to prisoner-of-war status and subject to prosecution and punishment—including execution.
The Hague Convention of 1907 addresses the status of wartime spies, specifically within "Laws and Customs of War on Land" (Hague IV); October 18, 1907: CHAPTER II Spies". Article 29 states that a person is considered a spy who, acts clandestinely or on false pretenses, infiltrates enemy lines with the intention of acquiring intelligence about the enemy and communicate it to the belligerent during times of war. Soldiers who penetrates enemy lines in proper uniforms for the purpose of acquiring intelligence are not considered spies but are lawful combatants entitled to be treated as prisoners of war upon capture by the enemy. Article 30 states that a spy captured behind enemy lines may only be punished following a trial. However, Article 31 provides that if a spy successfully rejoined his own military and is then captured by the enemy as a lawful combatant, he cannot be punished for his previous acts of espionage and must be treated as a prisoner of war. Note that this provision does not apply to citizens who committed treason against their own country or co-belligerents of that country and may be captured and prosecuted at any place or any time regardless whether he rejoined the military to which he belongs or not or during or after the war.
The ones that are excluded from being treated as spies while behind enemy lines are escaping prisoners of war and downed airmen as international law distinguishes between a disguised spy and a disguised escaper. It is permissible for these groups to wear enemy uniforms or civilian clothes in order to facilitate their escape back to friendly lines so long as they do not attack enemy forces, collect military intelligence, or engage in similar military operations while so disguised. Soldiers who are wearing enemy uniforms or civilian clothes simply for the sake of warmth along with other purposes rather than engaging in espionage or similar military operations while so attired is also excluded from being treated as unlawful combatants.
Saboteurs are treated as spies as they too wear disguises behind enemy lines for the purpose of waging destruction on enemy's vital targets in addition to intelligence gathering. For example, during World War II, eight German agents entered the U.S. in June 1942 as part of Operation Pastorius, a sabotage mission against U.S. economic targets. Two weeks later, all were arrested in civilian clothes by the FBI thanks to two German agents betraying the mission to the U.S. Under the Hague Convention of 1907, these Germans were classified as spies and tried by a military tribunal in Washington D.C. On August 3, 1942, all eight were found guilty and sentenced to death. Five days later, six were executed by electric chair at the District of Columbia jail. Two who had given evidence against the others had their sentences reduced by President Franklin D. Roosevelt to prison terms. In 1948, they were released by President Harry S. Truman and deported to the American Zone of occupied Germany.
The U.S. codification of enemy spies is Article 106 of the Uniform Code of Military Justice. This provides a mandatory death sentence if a person captured in the act is proven to be "lurking as a spy or acting as a spy in or about any place, vessel, or aircraft, within the control or jurisdiction" of the U.S. Armed Forces or industrial plants and other institutions employed by the U.S. in aiding the war effort.
|This article is in a list format that may be better presented using prose. (March 2010)|
One can read about the 11 German spies executed in the Tower of London during WW1 in Leonard Sellers's book Shot in the Tower
After an article appeared in a July 2008 New York, Wall Street Journal when a former Director General of MI5, Dame Stella Rimington listed the five best books about spies in Britain. Shot in the Tower was number 1.
Informants were common in World War II. In November 1939, the German Hans Ferdinand Mayer sent what is called the Oslo Report to inform the British of German technology and projects in an effort to undermine the Nazi regime. The Réseau AGIR was a French network developed after the fall of France that reported the start of construction of V-weapon installations in Occupied France to the British.
Counterespionage included the use of turned Double Cross agents to misinform Nazi Germany of impact points during the Blitz and internment of Japanese in the US against "Japan's wartime spy program". Additional WWII espionage examples include Soviet spying on the US Manhattan project, the German Duquesne Spy Ring convicted in the US, and the Soviet Red Orchestra spying on Nazi Germany. The US lacked a specific agency at the start of the war, but quickly formed the Office of Strategic Services (OSS).
Spying has sometimes been considered a gentlemanly pursuit, with recruiting focused on military officers, or at least on persons of the class from whom officers are recruited. However, the demand for male soldiers, an increase in women's rights, and the tactical advantages of female spies led the British Special Operations Executive (SOE) to set aside any lingering Victorian Era prejudices and begin employing them in April 1942. Their task was to transmit information from Nazi occupied France back to Allied Forces. The main strategic reason was that men in France faced a high risk of being interrogated by Nazi troops but women were less likely to arouse suspicion. In this way they made good couriers and proved equal to, if not more effective than, their male counterparts. Their participation in Organization and Radio Operation was also vital to the success of many operations, including the main network between Paris and London.
In the United States, there are seventeen federal agencies that form the United States Intelligence Community. The Central Intelligence Agency operates a Clandestine Service (NCS) to collect human intelligence and perform Covert operations. The National Security Agency collects Signals Intelligence. Originally the CIA spearheaded the US-IC. Pursuant to the September 11 attacks the Office of the Director of National Intelligence (ODNI) was created to promulgate information-sharing.
|This section does not cite any references or sources. (July 2011)|
An early example of espionage literature is Kim by the English novelist Rudyard Kipling, with a description of the training of an intelligence agent in the Great Game between the UK and Russia in 19th century Central Asia. An even earlier work was James Fenimore Cooper's classic novel, The Spy, written in 1821, about an American spy in New York during the Revolutionary War.
During the many 20th century spy scandals, much information became publicly known about national spy agencies and dozens of real-life secret agents. These sensational stories piqued public interest in a profession largely off-limits to human interest news reporting, a natural consequence of the secrecy inherent to their work. To fill in the blanks, the popular conception of the secret agent has been formed largely by 20th and 21st century literature and cinema. Attractive and sociable real-life agents such as Valerie Plame find little employment in serious fiction, however. The fictional secret agent is more often a loner, sometimes amoral—an existential hero operating outside the everyday constraints of society. Loner spy personalities may have been a stereotype of convenience for authors who already knew how to write loner private investigator characters that sold well from the 1920s to the present.
Johnny Fedora achieved popularity as a fictional agent of early Cold War espionage, but James Bond is the most commercially successful of the many spy characters created by intelligence insiders during that struggle. His less fantastic rivals include Le Carre's George Smiley and Harry Palmer as played by Michael Caine. Most post-Vietnam era characters were modeled after the American, C.C. Taylor, reportedly the last sanctioned "asset" of the U.S. government. Taylor, a true "Double 0 agent", worked alone and would travel as an American or Canadian tourist or businessman throughout Europe and Asia, he was used extensively in the Middle East toward the end of his career. Taylor received his weapons training from Carlos Hathcock, holder of a record 93 confirmed kills from WWII through the Viet Nam conflict. According to documents made available through the Freedom of Information Act, his operations were classified as "NOC" or Non-Official Cover.
Jumping on the spy bandwagon, other writers also started writing about spy fiction featuring female spies as protagonists, such as The Baroness, which has more graphic action and sex, as compared to other novels featuring male protagonists.
Espionage has also made its way into comedy depictions. The 1960s TV series Get Smart portrays an inept spy, while the 1985 movie Spies Like Us depicts a pair of none-too-bright men sent to the Soviet Union to investigate a missile.
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