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   Is espionage a criminal offence?

   • Espionage is already a criminal offence, but the relevant law is contained in the OSA 1911 and is therefore over 100 years old. There is no current criminal offence specifically designed to protect the UK and its interests from the illicit acquisition of trade secrets conducted by foreign states.

   New espionage offences: factsheet - GOV.UK

   www.gov.uk/government/publications/national-security-bill-factsheets/espionage-etc-national-security-bill-factsheet

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   Is espionage illegal in the UK?

   • Espionage is illegal in the UK under the National Security Act 2023, which repealed prior Official Secrets Acts and creates three separate offences for espionage. A person is liable to be imprisoned for life for committing an offence under Section 1 of the Act, or 14 years for an offence under Sections 2 and 3

   Espionage - Wikipedia

   en.wikipedia.org/wiki/Espionage

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   What is a pre-crime espionage crime?

   • Like the inchoate espionage offences, these pre-crimes criminalise conduct before the commission of any substantive offence (and usually do not require the actual commission of a substantive offence, nor for the commission of such an offence to be possible). They thus extend the criminal law beyond its traditional bounds.

   ESPIONAGE LAW IN THE UK AND AUSTRALIA: BALANCING EFFECTIVEN…

   www.cambridge.org/core/journals/cambridge-law-journal/article/espionage-law-in-the-uk-and-australia-balancing-effectiveness-and-appropriateness/65F658D6C73A971E8703A2839F9106CD

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   Should espionage laws be criminalised?

   • In particular, laws that are broad and lack clarity have the capacity to capture conduct that should not be criminalised – in the espionage context, for example, the conduct of journalists, whistleblowers, academics and researchers.

   ESPIONAGE LAW IN THE UK AND AUSTRALIA: BALANCING EFFECTIVEN…

   www.cambridge.org/core/journals/cambridge-law-journal/article/espionage-law-in-the-uk-and-australia-balancing-effectiveness-and-appropriateness/65F658D6C73A971E8703A2839F9106CD

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   What are the new espionage offences?

   • Unlike previous offences, the UK’s new 2023 espionage offences and Australia’s new 2018 espionage offences were drafted in modern language that reflects today’s intelligence environment. For example, instead of referring to “enemies”, the offences refer to “foreign power” (UK) or “foreign principal” (Australia).

   ESPIONAGE LAW IN THE UK AND AUSTRALIA: BALANCING EFFECTIVEN…

   www.cambridge.org/core/journals/cambridge-law-journal/article/espionage-law-in-the-uk-and-australia-balancing-effectiveness-and-appropriateness/65F658D6C73A971E8703A2839F9106CD

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   What is espionage by Information Communication?

   • 38 (“Espionage by Information Communication”). In addition to these three offences, section 7 of the Officials Secrets Act 1920 criminalised the inchoate offences of attempts, solicitation or incitement, aiding or abetting and acts done in preparation for the espionage offences (“Inchoate Espionage Offences”).

   ESPIONAGE LAW IN THE UK AND AUSTRALIA: BALANCING EFFECTIVEN…

   www.cambridge.org/core/journals/cambridge-law-journal/article/espionage-law-in-the-uk-and-australia-balancing-effectiveness-and-appropriateness/65F658D6C73A971E8703A2839F9106CD

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2. www.gov.uk › government › publicationsNew espionage offences: factsheet - GOV.UK

   www.gov.uk › government › publications

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   Aug 19, 2024 · Espionage is already a criminal offence, but the relevant law is contained in the OSA 1911 and is therefore over 100 years old. There is no current criminal offence specifically designed to...

3. en.wikipedia.org › wiki › EspionageEspionage - Wikipedia

   en.wikipedia.org › wiki › Espionage

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   Espionage is illegal in the UK under the National Security Act 2023, which repealed prior Official Secrets Acts and creates three separate offences for espionage. A person is liable to be imprisoned for life for committing an offence under Section 1 of the Act, or 14 years for an offence under Sections 2 and 3.

4. lawcom.gov.uk › law-commission-recommendations-onRecommendations on espionage offences implemented in National ...

   lawcom.gov.uk › law-commission-recommendations-on

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   Jul 13, 2023 · In its Protection of Official Data report, the Commission made a number of recommendations to ensure that the law governing espionage is fit to counter threats to the UK’s national security from...

5. www.justsecurity.org › 85486A Right to Spy? The Legality and Morality of Espionage

   www.justsecurity.org › 85486

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   Mar 15, 2023 · During an armed conflict, an individual who engages in espionage is considered a spy and loses her right to prisoner of war status, including the protections around accommodation and access to food, clothing, hygiene and medical care. By contrast, members of the armed forces who wear their own uniforms (as opposed to those who wear civilian ...

6. www.cambridge.org › core › journalsESPIONAGE LAW IN THE UK AND AUSTRALIA: BALANCING ...

   www.cambridge.org › core › journals

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   Dec 22, 2023 · In particular, laws that are broad and lack clarity have the capacity to capture conduct that should not be criminalised – in the espionage context, for example, the conduct of journalists, whistleblowers, academics and researchers.

7. www.spymuseum.org › spy-resources › espionage-factsEspionage Facts - International Spy Museum

   www.spymuseum.org › spy-resources › espionage-facts

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   During times of war, espionage against a nation is a crime under the legal code of many nations as well as under international law, and cyber espionage is no different. During peacetime, however, it can be a lot trickier to figure out when espionage crosses the line into illegality—all the more so for cyber spying.

8. lawcom.gov.uk › reforms-to-uks-antiquated-spyingReforms to UK’s antiquated spying laws published by Law ...

   lawcom.gov.uk › reforms-to-uks-antiquated-spying

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   Sep 1, 2020 · Currently, a person who is not a British national or public servant doesn’t commit an offence if they engage in espionage against the UK whilst abroad. In the modern, interconnected...