The crime is interference with the lawful army plans of evacuating illegal settlements. The conspiracy charge will stick because collecting the info is some "action" to further the conspiracy. A charge of "spying" may not stick because this may be an unprecedented form of spying. Now, MK Elkin may not be a conspirator, but Ariel might be. I will not be surprised if the Attorney General orders the Police to start a criminal investigation against him.
Law expanding definition of terrorist activity passes first Knesset reading (Haaretz)