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26 Law & Pol'y Int'l Bus. 459 (1994-1995)
From Goldfinger to Butterfinger: The Legal and Policy Issues Surrounding Proposals to Use the CIA for Economic Espionage

handle is hein.journals/geojintl26 and id is 469 raw text is: FROM GOLDFINGER TO BUTTERFINGER: THE
LEGAL AND POLICY ISSUES SURROUNDING
PROPOSALS TO USE THE CIA FOR ECONOMIC
ESPIONAGE
JEFF AUGUSTINI*
INTRODUCTION
In the face of economic espionage by our competitors, and with a
large and effective American intelligence apparatus available, some are
pondering the previously unthinkable: spying on our friends and allies
for the sake of U.S. industry.'
Intelligence officials in the United States estimate that at least twenty
foreign nations are currently engaged in intelligence activities detrimen-
tal to our economic interests. .. ,2 Some of these nations are historic
enemies of the United States, some are friends, and still others are
members of America's inner circle of world allies.3 The White House
Office on Science and Technology estimates losses to U.S. businesses
from foreign economic espionage at nearly one hundred billion dollars
per year.4 In this lucrative covert war on American business, many of our
friends and most trusted allies are literally robbing us blind.5
In the United States, economic espionage has become in some ways
the hottest current topic in intelligence policy issues.,6 After nearly five
decades of guarding the United States against Soviet aggression and the
spread of world communism, America's victory in the Cold War has
spawned hard times for the U.S. intelligence community. Facing the
* B.A., University of California at Los Angeles, 1991; J.D., Georgetown University Law
Center, 1995.
I. PETER SCHWEIZER, FRIENDLY SPIES: How AMERICA'S ALLIES ARE USING ECONOMIC ESPIONAGE
TO STEAL OUR SECRETS 285 (1993).
2. Ronald E. Yates, Foreign Intelligence Agencies Have New Targets - U.S. Companies, CHI. TRIB.,
Aug. 29, 1993, at Cl (quoting CIA Director William Gates); Leon Hadar, The New Secret Agent, Bus.
TIMES,June 2, 1993, at 27.
3. For instance, this Note will examine the espionage activities allegedly perpetrated against
American businesses byJapan, France, Germany, and Israel.
4. Hadar, supra note 2, at 27. Some commentators believe losses could increase by 50% by the
year 2003. rd.
5. SCHWEIZER, supra note 1, at I I (quoting Raymond Rocca, former CIA Director for Counter-
intelligence).
6. Jim Mann, Woolsey Cites Dangers in Economic Espionage, L.A. TIMES, Feb. 3, 1993, at A 10.

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