How do you define OOC versus IC spying?
Yea, it's mostly the means of communication.
OOC spying is usually associated with friends sending one of theirs in the enemy realm so that they always know everything that's going on in real time. Usually the character is planted there only for this purpose.
IC spying, well, is done for IC reasons. The only way you can really tell it apart, though, is whether the information is leaked on msn or by game channels, as an IC spy could also be sent to a realm for the sole purpose of spying.