This advanced, practice-focused seminar examines how the United States detects, investigates, and responds to foreign espionage activities through legal, regulatory, and operational frameworks. The course explores espionage conducted by foreign states and non-state actors targeting government institutions, corporations, research entities, and critical infrastructure.
Students will analyze how lawyers advise intelligence agencies, federal prosecutors, corporations, and policymakers in navigating espionage threats, counterintelligence operations, criminal prosecutions, and national security responses. The course integrates criminal law, national security law, export controls, cybersecurity law, and international law.
The seminar treats foreign espionage as a high-stakes legal and operational challenge, where secrecy, speed, and strategic decision-making are critical. Students will develop practical skills in risk assessment, legal analysis, and advising in sensitive national security contexts.
This course assumes prior study of criminal law, national security law, or international law.
Course Objectives
By the end of the course, students should be able to:
1. Understand legal frameworks governing foreign espionage and counterintelligence.
2. Analyze U.S. statutory and constitutional authorities.
3. Evaluate investigative and enforcement strategies.
4. Understand criminal prosecution of espionage-related offenses.
5. Assess risks for corporations and research institutions.
6. Analyze cybersecurity and economic espionage issues.
7. Navigate interagency coordination and intelligence oversight.
8. Advise clients on espionage-related legal risks.
9. Evaluate national security and civil liberties implications.
10. Apply legal principles to real-world espionage scenarios.
