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The only type of game I think that'd be unfair in is card games. In other games where signaling goes on between players (and in some cases coaches), stealing signals, and trying to keep them from being stolen, is a traditional part of play. That's part of the fun -- the head games.
I could imagine situations in which there could be some kind of league sanction outside the bounds of the game playing rules for certain methods of espionage, such as having a spy player or coach on the opposing team. That'd be the same sort of thing as if a player or coach is bribed to throw a game -- not the position of game officials to enforce or even try to detect, but the league could have rules about it.
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