Two members of Congress have formally requested that the Government Accountability Office (GAO) investigate the federal government's use of hacking tools, including spyware, against Americans. Senator Ron Wyden (D-Ore.) and Representative Greg Casar (D-Texas) sent a letter to the GAO on Friday, August 16, 2026, seeking a comprehensive review and a public report on these activities.
The lawmakers highlighted a significant lack of transparency surrounding federal hacking operations, noting that unlike traditional surveillance methods such as wiretaps, there are no public annual reports detailing their scope, frequency, or operational safeguards. They emphasized that federal law enforcement agencies have employed hacking and spyware as investigative tools for over 25 years.
Their request extends beyond just spyware, encompassing the broader acquisition of hacking tools by federal agencies. They cited the case of a former L3Harris defense contractor official who was sentenced this year for stealing and selling capabilities developed for the government. The letter also addresses the use of Rule 41 hacking powers, which allow judges to issue warrants for remote searches of electronic devices.
Wyden and Casar expressed concerns about potential misuse of these powerful capabilities. They asked the GAO to review documented instances of federal law enforcement personnel abusing hacking capabilities for personal or unauthorized reasons, and to assess the safeguards agencies have in place to prevent such abuses. They warned that unrestricted access to invasive surveillance tools, which can access webcams, location data, stored files, and encrypted communications, invites abuse by rogue personnel.
The congressional pair also requested that the GAO examine how agencies procure and protect sophisticated hacking tools, and the process by which agencies make Rule 41 hacking requests to courts.
The issue of U.S. government spyware usage has gained prominence, particularly following acknowledgments by Immigration and Customs Enforcement (ICE) of its work with the spyware firm Paragon during the second Trump administration. Lawmakers have questioned whether this represents the full extent of the U.S. government's reliance on such tools, especially after the Biden administration largely distanced itself from their use.
Representative Casar serves as the top Democrat on the House Oversight Subcommittee on Federal Law Enforcement, while Senator Wyden has a long history of scrutinizing federal intelligence and surveillance programs.
