For decades, the American intelligence community has adhered to a norm against spying for the sake of enriching private firms. More recently, the norm has figured in a prominent presidential directive as well as in various international agreements. But notwithstanding its durability and its newfound renown, the norm has largely eluded scholarly consideration. In this Essay, I aim to address that gap by showing how theories of agency capture and institutional culture can help make sense of the norm’s past and inform judgments about its future.
Rascoff, Samuel J.
"The Norm against Economic Espionage for the Benefit of Private Firms: Some Theoretical Reflections,"
University of Chicago Law Review: Vol. 83
, Article 11.
Available at: https://chicagounbound.uchicago.edu/uclrev/vol83/iss1/11