I don’t think you have to make the distinction. Espionage is espionage regardless of what you’re looking for or what you find. Having pure motives doesn’t matter.
It is true those things could influence whether charges are filed, or pardons granted. IIRC, it’s the legal difference between an affirmative defense and simply being innocent.
> Espionage is espionage regardless of what you’re looking for or what you find. Having pure motives doesn’t matter.
The Espionage Act is framed within the confines of the Constitution, including the First Amendment. Being a journalist (i.e. taking an active role in curating and analyzing the materials) has historically mattered to the courts (e.g. around Deep Throat).
It is true those things could influence whether charges are filed, or pardons granted. IIRC, it’s the legal difference between an affirmative defense and simply being innocent.