Senator Calls for Federal Probe into Government Use of Hacking Tools

Senator Ron Wyden, a member of the Democratic Party, is calling on the U.S. government to reevaluate its deployment of hacking tools and spyware by federal law enforcement against American citizens, highlighting the concerning absence of transparency regarding the scope and justification of these practices.

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

In a letter acquired by TechCrunch, Wyden stated that these tools have been implemented for over two decades, yet “there is limited public information about their scope, frequency of use, or the safeguards enforced during their application.”

Wyden contrasted these practices with wiretaps and pen registers, which allow law enforcement to track call durations and participants, noting that the government “does not provide annual reports on hacking operations.” As a result, he has urged the GAO to compile an unclassified report summarizing its findings and suggestions.

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

Wyden has proposed several inquiries to the GAO:

• Investigate whether agents have misused hacking tools and spyware for unauthorized or personal reasons and assess the current technical and oversight measures in place to prevent such actions;
• Evaluate how agencies “acquire, store, and secure” these tools to minimize the risk of leaks and whether there is a protocol for the U.S. government to report security vulnerabilities so that tech companies can address them;
• Review how federal officials communicate with courts when seeking warrants for these tools, including whether they inform about any potential risks to unidentified or innocent individuals.

To highlight the risks associated with hacking tools, Wyden cited the case of Peter Williams, a former executive at defense contractor L3Harris, who illicitly shared advanced hacking tools with a Russian intermediary. These tools were subsequently used by Russian operatives against Ukraine and by Chinese cybercriminals targeting cryptocurrency investors.

The earliest documented usage 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 to hold critical evidence.

To access the file, the FBI used basic malware to track keystrokes on Scarfo’s device, allowing them to decrypt the vital information.