Senator Calls for Federal Inquiry into Government Use of Hacking Tools

Senator Ron Wyden, a member of the Democratic Party, is calling on the U.S. government to reconsider the application of hacking tools and spyware by federal law enforcement agencies against American citizens, pointing out a concerning lack of transparency surrounding the frequency and rationale for these operations.

On Friday, Wyden contacted the U.S. Government Accountability Office (GAO), the entity tasked with auditing the federal government, to request a comprehensive investigation into the practices of agencies such as the FBI, the Drug Enforcement Administration, ICE’s Homeland Security Investigations, and the Secret Service regarding their use of hacking and spyware in their operations.

In his letter, which was obtained by TechCrunch, Wyden noted that these tools have been utilized for more than two decades, yet “there is limited public information about their scope, frequency of use, or the safeguards established during their implementation.”

Wyden highlighted that, unlike wiretaps and pen registers—tools that enable law enforcement to monitor call duration and participants—the government “does not provide annual reports on hacking activities.” Therefore, he has called on the GAO to create an unclassified report that details its findings and suggestions.

Despite the prolonged use of hacking tools and spyware by federal agents, Wyden pointed out in his letter that the U.S. Department of Justice and the FBI “have often ignored congressional appeals for greater transparency across multiple administrations.”

Wyden has made several requests to the GAO:

• Investigate if agents have misused hacking tools and spyware for unauthorized or personal reasons, and assess the technical and oversight measures currently in place to avoid such misconduct;
• Examine how agencies “acquire, store, and protect” these tools to mitigate the risk of dangerous leaks, and determine if there is a protocol for the U.S. government to report security vulnerabilities to help tech companies address them;
• Assess how federal officials inform courts when applying for warrants for these tools, including whether they disclose any potential risks to unidentified or innocent parties.

To emphasize the risks linked to hacking tools, Wyden cited the case of Peter Williams, a former executive at defense contractor L3Harris, who illegally sold sophisticated hacking tools to a Russian intermediary. These tools were then used by Russian operatives against Ukraine and by Chinese cybercriminals targeting cryptocurrency investors.

The earliest documented use of spyware by the FBI dates back to 1999. During an investigation into illegal gambling and loan sharking, agents discovered that Philadelphia mobster Nicodemo S. Scarfo had employed Pretty Good Privacy (PGP) software to encrypt a file on his computer, which was suspected of containing vital evidence.

To retrieve the file, the FBI utilized basic malware to capture keystrokes on Scarfo’s device, allowing them to decrypt the contents.