The current criminal law regulates the communication of the prohibited information to the advantage of ‘any foreign nation,’ even if such communication does not injure this country. In regards with this provisons, there are so much discussions about its proper interpretation. The statute is explicit in phrasing the crime of espionage as an act of obtaining information and documents relating to the national defense to persons not authorized to receive them to the advantage of any foreign nation. No distinction is made between friend or enemy. The status of a foreign government may change. The Court also has held the contrary opinions to the definition of ‘foreign nation’, the object of espionage act, the communication of the national secret information to the advantage of ‘any foreign nation’.
This study review the theory to interpretate the meanings of the Espionage Provisions and the Court Decision on the issue of § 98 of the current criminal law. This report would propose what the legislative reform aim is.