That statement is nigh ungrammatical, anyway illogical. "is actually spying" is a present tense. "shouldn't [unless]" is either a past tense, thus an illogical

That statement is nigh ungrammatical, anyway illogical. "is actually spying" is a present tense. "shouldn't [unless]" is either a past tense, thus an illogical consequent to the present tense, or it is a hypothetical, irrealis or desiderative subjunctive in which case it merely implies that someone should not be "spying", in effect. This offers no objective criterion for the government's scrutiny, and the article does not point out what has gone wrong. Clearly they conducted a background check and disagreed with the expert whether their findings were valid (fun fact, valid translates German valide or gültig, the latter somehow akin to guilty). This may be well within their rights, eg. if they tried to impose harder interpretation of regulations. It can be criminal if they basicly ignored the expert for wanting to win, or it could be at least negligent if they have fundamentally misinterpreted the law. This is not strictly decidable and rests on the shoulders of the arbiters of truth. (Another fun fact, gain say could be akin to German Gegenrede, as in against, or to French gagner as in win, German Gewinn. See also: Einrede, a legal terminus; sich etwas einreden "to ellude oneself"; -say in that sense must be akin to sake, forsaken, compare Widersacher "antagonist", akin to adv. wither, "contra")