As I say, the LOS does not mention spying or reconnaissance. Call it what you want. Of course words have rhetorical impact.
Good lawyers use rhetorically loaded words for particular purposes.
I see no reason to sugar-coat the reality of realpolitik in international law. The LOS does not prohibit it. Clearly it is not against customary international law, since many states do it. Since what is not prohibited is permitted, spying in the EEZ is allowed. Whether it should be allowed is another issue.