Senator Calls for Review of U.S. Government Hacking Tools

Democratic Sen. Ron Wyden is calling for greater transparency around how U.S. federal law enforcement agencies use hacking tools and spyware during investigations.

Wyden has asked the U.S. Government Accountability Office (GAO) to conduct a broad review of how agencies including the FBI, Drug Enforcement Administration, ICE’s Homeland Security Investigations, and the Secret Service acquire and use hacking technology against Americans.

In a letter sent Friday to the GAO, which serves as the federal government’s auditing agency, Wyden argued that there is still very little public information about how frequently these tools are used, why they are deployed, and what safeguards are in place.

According to Wyden, federal agencies have relied on hacking tools and spyware for more than two decades. However, he said the government does not provide the same level of public reporting for hacking operations that it does for certain traditional surveillance methods.

For example, authorities using wiretaps and pen registers can be subject to reporting requirements that provide information about surveillance activity. Wyden said there are no comparable annual reports covering government hacking operations.

He is therefore asking the GAO to produce an unclassified report detailing its findings and recommendations.

Wyden’s request includes several areas of investigation. First, he wants the GAO to determine whether government agents have ever misused hacking tools or spyware for unauthorized or personal purposes. The review would also examine what technical controls and oversight systems agencies use to prevent such abuse.

The senator is also asking the watchdog to examine how federal agencies acquire, store and secure hacking tools. One concern is that powerful surveillance technology could be leaked or stolen and later used by criminals or foreign intelligence services.

Wyden also wants the GAO to determine whether agencies submit hacking tools to a government program that evaluates whether security vulnerabilities should be disclosed to technology companies so they can be fixed.

Another major focus is the use of hacking tools under search warrants. Wyden asked the GAO to assess how federal agencies inform courts when seeking authorization to deploy these technologies and whether judges are told about the possibility that innocent or unknown individuals could be affected.

The senator pointed to the case of Peter Williams, a former executive at defense contractor L3Harris, as an example of the potential dangers surrounding the handling of sophisticated hacking technology. Williams stole and sold advanced hacking tools to a Russian broker. Those tools were later used by Russian spies against Ukraine and by Chinese cybercriminals targeting cryptocurrency owners.

The history of government hacking tools stretches back decades. The earliest documented case of the FBI using spyware dates to 1999, during an investigation into illegal gambling and loan sharking.

Investigators discovered that Philadelphia mobster Nicodemo S. Scarfo had used the encryption program Pretty Good Privacy, or PGP, to protect a file on his computer. Federal agents believed the file contained important evidence.

To gain access, the FBI deployed rudimentary malware designed to record keystrokes on Scarfo’s computer. The captured keystrokes helped investigators obtain the information needed to decrypt the file.

Wyden’s request comes as law enforcement agencies continue to rely on increasingly sophisticated digital surveillance technologies. His proposed GAO review could provide a clearer picture of how these tools are being used, what protections exist, and how federal agencies balance investigative capabilities with privacy and security concerns.

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