Overview
CI professionals have to be very careful to avoid crossing
either legal or ethical boundaries when collecting data for any intelligence
program. In spite of the print media's frequent failure to see this, there is a distinct and critical difference between competitive
intelligence and industrial espionage. Industrial espionage involves
violating criminal or civil law to collect data; CI does not. For example,
stealing samples at a trade show and illegally accessing (or hacking) computer
files both constitute industrial espionage. In some instances, a gray area
exists between industrial espionage and legitimate intelligence collection
efforts; in these instances, you may face a decision about taking actions that
are not illegal, but that still violate your company's policies or ethical
standards or even your own.
Always remember that you should never break the law or engage in
unethical practices to develop effective CI. One school of thought puts the
relative availability and benefit of so-called "open source information," which
is data available to everyone (and which is primarily secondary data) as
follows:
-
open source information: 80 percent of what is needed to
make decisions.
-
open proprietary: legally obtained through concentrated
efforts, 5 percent more of what is needed.
-
closed proprietary: information obtained through so-called
gray activities, which are legal but of dubious ethical stature, as well as some
that are clearly black, such as industrial espionage, 5 percent more of what is
needed.
-
classified: closely held, extremely valuable information,
such as trade secrets, virtually all black operations, 5 percent of what is
needed. [1]
In other words, more than 80 percent of all of the data you
would need to develop CI on a target can be accessed without either ethical or
legal violations.