Another incident in late 1999 also embarrassed the Clinton administration. In December of that year, Wen Ho Lee, 60, was arrested and charged with handling secret nuclear secrets at Los Alamos National Laboratory in New Mexico. The indictment follows months of controversial investigations by the FBI and the U.S. Department of Justice into what some government officials believed was a Chinese-backed espionage operation. Lee was deemed a security risk by the government and placed in solitary confinement for nine months in a jail cell in Santa Fe, New Mexico, with no possibility of lifting a $1 million bond. Lee was held on 59 counts of illegally copying design secrets and destroying seven tapes for which his plea was not guilty. The government then offered Lee a plea if he pleaded guilty to downloading classified data onto an unsecured computer. Lee eventually agreed to plead guilty to the minor charge. As part of the advocacy, Lee was also asked to provide detailed information about what happened to the tapes. Today, spy agencies target illegal drug trafficking and terrorists, as well as state actors.
Between 2008 and 2011, the United States indicted at least 57 defendants for attempted spying for China. [7] Espionage is illegal in Britain under the Official Secrets Acts of 1911 and 1920. British law considers espionage to be “in relation to those who intend to aid an enemy and intentionally harm the security of the nation.” According to MI5, a person commits the offence of “espionage” when approaching, entering or inspecting a prohibited area “for purposes prejudicial to the security or interests of the State”; prepares documents such as plans that are intended, calculated or could be of direct or indirect use to an enemy; or “receive, collect, record or publish, or communicate to another person a secret code word or official password or sketches, plans, models, articles or notes or other materials intended to be or be useful, directly or indirectly, to an enemy”. The illegality of espionage also includes any act that can be considered to “prepare” espionage or encourage or assist another person to engage in espionage. [33] Spying against a nation is a crime according to the code of many nations. In the United States, it is subject to the Espionage Act of 1917. The risks of espionage vary. A spy who violates the laws of the host country can be deported, imprisoned or even executed.
A spy who violates the laws of his own country can be imprisoned for espionage and/or treason (which in the United States and other jurisdictions can only happen if he takes up arms during war or helps the enemy against his own country) or even be executed, as the Rosenbergs were. For example, when Aldrich Ames handed over to his KGB officer a stack of files of US Central Intelligence Agency (CIA) agents in the Eastern bloc, the KGB “unrolled” several networks and at least ten people were secretly shot. When Ames of the United States Federal Bureau of Investigation (FBI), he faced life in prison; His contact, who enjoyed diplomatic immunity, was declared persona non grata and taken to the airport. Ames` wife was threatened with life imprisonment if her husband did not cooperate; He did, and she was sentenced to five years in prison. Hugh Francis Redmond, a CIA officer in China, spent nineteen years in a Chinese prison for espionage – and died there – for operating without diplomatic cover or immunity. [22] An espionage lawyer can provide legal advice on how to respond to charges. Contact Bukh Law Firm, PLLC today for assistance if you are under investigation for espionage. Government intelligence is very different from espionage and is not illegal in the UK, provided the organisations are registered by individuals, often with the ICO, and operate within the restrictions of the Regulation of Investigatory Powers Act (RIPA). “Intelligence” is legally considered to be “information of any kind collected by a government or organization to guide its decisions.
It contains information that can be both public and private and comes from very different public or secret sources. It could be entirely information from public or secret sources, or a combination of both. [34] A legend is also used for a person who is not an illegal agent, but an ordinary citizen who is “relocated”, for example, a “protected witness”. Nevertheless, such a non-agent will most likely also have a clerk who acts as a controller.