Senator asks US government watchdog to review how feds use hacking tools

Democratic Senator Ron Wyden has requested the U.S. Government Accountability Office (GAO) to examine the federal law enforcement agencies' utilization of hacking tools and spyware against American citizens. In a letter sent to the GAO, Wyden pointed out the lack of transparency surrounding the usage of these tools by the FBI, Drug Enforcement Administration, ICE's Homeland Security Investigations, and the Secret Service.

In his letter, Wyden emphasized that while these tools have been in use for over two decades, there is a scarcity of public information regarding their extent, frequency, and operational safeguards.

Unlike wiretaps and pen registers, which provide authorities with information on when a call is made and to whom, the government does not publish annual reports for hacking operations. Consequently, Wyden has requested the GAO to publish an unclassified report detailing its findings and recommendations. Federal agents have employed hacking tools and spyware on various occasions, but as Wyden pointed out, both the U.S. Department of Justice and the FBI have repeatedly disregarded congressional requests for enhanced transparency across multiple administrations.

Wyden has made several requests to the GAO, including highlighting the risks associated with the acquisition of hacking tools. He specifically cited the case of Peter Williams, a former executive at the defense contractor L3Harris, who sold advanced hacking tools to a Russian broker. These tools subsequently found their way into the hands of Russian spies, who utilized them against Ukraine, and Chinese cybercriminals, who targeted cryptocurrency owners.

The earliest documented instance of the FBI using spyware dates back to 1999, when federal agents decrypted a file on the computer of Philadelphia mobster Nicodemo S. Scarfo. The file contained evidence related to Scarfo's involvement in illegal gambling and loan sharking. To access the encrypted file, the FBI installed rudimentary malware designed to monitor Scarfo's keystrokes, allowing them to decrypt the file.