Senator Calls for Federal Probe into Government Use of Hacking Tools

Democratic Senator Ron Wyden is calling on the U.S. government to reevaluate how federal law enforcement utilizes hacking tools and spyware against American citizens, drawing attention to a significant lack of transparency regarding the frequency and rationale of these practices.

On Friday, Wyden reached out to the U.S. Government Accountability Office (GAO), the agency tasked with auditing the federal government, requesting a comprehensive investigation into the actions of organizations 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 investigations.

In his letter, which has been obtained by TechCrunch, Wyden noted that while these tools have been in operation for over twenty years, “there is limited public information about their extent, usage frequency, or the safeguards in place during their application.”

Wyden stressed that, unlike wiretaps and pen registers—tools allowing law enforcement to monitor the duration and participants of calls—the government “does not produce annual reports on hacking activities.” As such, he has urged the GAO to create an unclassified report outlining its findings and recommendations.

Despite the extensive use of hacking tools and spyware by federal agents throughout the years, Wyden pointed out in his correspondence that the U.S. Department of Justice and the FBI “have routinely ignored congressional requests for increased transparency across multiple administrations.”

Wyden has made several requests to the GAO:

• Examine whether agents have misused hacking tools and spyware for unauthorized or personal reasons, and assess the technical and oversight mechanisms currently in place to prevent such violations;
• Analyze how agencies “acquire, store, and secure” these tools to minimize the risk of dangerous leaks, and determine if there is a system for the U.S. government to disclose security vulnerabilities to aid tech companies in addressing them;
• Assess how federal officials inform courts when requesting warrants for these tools, including whether they disclose any possible risks to unidentified or innocent individuals.

To highlight the risks associated with hacking tools, Wyden specifically mentioned the case of Peter Williams, a former executive at defense contractor L3Harris, who unlawfully sold sophisticated hacking tools to a Russian broker. These tools were later used by Russian agents against Ukraine and by Chinese cybercriminals targeting cryptocurrency holders.

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 utilized the Pretty Good Privacy (PGP) software to encrypt a file on his computer, which was believed to contain crucial evidence.

To access the file, the FBI employed basic malware to monitor keystrokes on Scarfo’s computer, enabling them to decrypt the file.