From the proposal for a new espionage law that Justice Minister Dilan Yesilgöz (VVD) presented before the summer, it is “insufficiently clear” what exactly the cabinet wants to criminalize. That is what the Council of State concludes in an advice, which was published on Monday was published. With the bill, the minister wants to expand the definition of the concept of espionage, because criminal law would now offer too few possibilities for the conviction of spies.
What the minister called “classic espionage” in her presentation of the proposal on July 8, is already punishable: violating state and business secrets. But other “acts on behalf of a foreign power,” which are not necessarily secrets, are not yet staffed. This concerns, for example, practical matters such as smuggling packages across the Dutch border, but also, for example, stirring up unrest via social media during elections.
The Council of State believes that ‘acts on behalf of a foreign power’ should be better defined. “The term can include all kinds of actions, such as spreading disinformation, influencing decision-making and intimidating populations,” the Council writes. That is not good for legal certainty or the enforcement of a new espionage law. The Ministry of Justice should describe in the bill “explicit acts” that are punishable.
Also read: Lawyers and former spies agree: the new law against espionage is wrong