The argument that being a victim of espionage constitutes <i>per se</i> negligence seems like a stretch.<p>For spies to exist at all, they need to fool whatever supervision is in place. For missing them to be negligence, it would have to be easy to prevent spying from happening.<p>When a warbler feeds a cuckoo chick and lets his own chicks starve, is that because he's a bad parent who could be fixed with a lawsuit, or is it just a fact about the ecosystem?