Two Democrats ask GAO to count the thing nobody counts: federal hacking of Americans
Wyden and Casar want a public review of federal hacking, spyware purchases and Rule 41 warrants. Wiretaps produce an annual report; 25 years of hacking has never produced one.
The Watch · Security desk
What happened
- Wyden and Casar wrote to GAO on Friday asking the watchdog to review how federal agencies hack Americans, spyware included, and to publish the result.
- Their letter notes that wiretaps and pen registers get annual government reports while hacking operations get none.
- The ask splits into four areas: scope and frequency, documented misuse and safeguards, how tools are bought and protected, and Rule 41 warrant practice.
Why it matters
- What's now possible capability If GAO answers the frequency question in public, oversight gains a figure it can compare year over year, which case-by-case disclosures have never allowed.
- Who's exposed exposure The procurement leg puts contractors and their custody of government-funded capabilities inside the review, not just the agencies that deploy them.
- What it sets up precedent Once one public accounting of hacking exists, its absence the following year becomes something an agency has to explain rather than the default state.
- What it limits constraint This arrives as a request rather than a reporting mandate, so the depth, timing and classification of any answer are decided outside the two requesters' control.
Next story · Security · 8h ago
Semperis survey puts threats against ransomware victims' staff at 40% of attacksConfirmed2 publishers
A wiretap application ends, eventually, in a published annual report. A Rule 41 warrant to install code on someone's phone ends in a court file and nothing aggregate at all, which is the asymmetry the letter puts at the center of its case [3].
That asymmetry sets the terms of every argument about government hacking. When Immigration and Customs Enforcement acknowledged working with Paragon, the follow-up question from lawmakers was whether that was the full extent of federal spyware use after the Biden administration largely avoided it [8]. There is no series to place the contract in, so the disclosure sits alone. On the letter's own timeline of more than 25 years of investigative hacking, no year in that period has a published count attached to it [13].
Note what the two are and are not alleging. On misuse, they ask GAO to review documented cases of federal law enforcement turning hacking capabilities to personal or otherwise unauthorized ends, and to describe the safeguards agencies keep against that [5]. The supporting argument is by analogy: they write that there are countless documented examples of government employees abusing other sensitive surveillance databases and tools for unauthorized personal purposes [10]. So the finding could come back empty, and an empty finding would still be the first public one. That is the shape of a baseline request rather than an accusation.
The procurement half of the ask is the part likely to get less attention and may be the harder question. The letter reaches how agencies buy and protect sophisticated hacking tools, and it points at the former senior L3Harris official sentenced this year for stealing and selling capabilities developed for the federal government [4][6]. Counting operations tells you how often a capability was pointed at an American. Auditing custody tells you how many copies exist and who else can point them. The L3Harris case is evidence that the second number is not automatically small.
Add it up and the request runs to at least four separate lines of inquiry: scope and frequency, misuse and internal safeguards, acquisition and protection of tools, and how agencies bring Rule 41 requests to courts [12]. GAO reviews rarely arrive as one number, and a four-part scope invites a four-part answer of uneven depth, with the operational detail most likely to be withheld.
The leverage here is thin but not nothing. Casar is the top Democrat on the House Oversight Subcommittee on Federal Law Enforcement, and Wyden has spent a career pulling on federal surveillance practice [11]. The letter is a request, sent Friday, asking that the resulting report be delivered to the public [1]. TechCrunch reported it first [7]. Nothing in it obliges an agency to publish anything on a schedule; what it can produce is one document that later years can be measured against, and an absence that becomes conspicuous if no one asks again. The lawmakers' own framing is that little public information exists on the scope, frequency or operational safeguards of a tool in use since the 1990s [2].
What to watch
- Whether GAO accepts the request and how narrowly it scopes the frequency question, which determines if any number reaches the public at all.
- Whether the misuse portion produces documented cases inside federal law enforcement or comes back empty, since both outcomes are firsts.
- Whether agencies beyond ICE disclose spyware or hacking-tool contracts while the review is pending.
Clarity's read
What the record supports and how the coverage leans. The claims behind it follow.
Reality
- Evidence58
- Adoption22
- Hype gap+12
- Incentives55
- Confidence63
Claim ledger
Ranked by verification strength, evidence, and original report placement.
- [1]
Sen. Ron Wyden, D-Ore., and Rep. Greg Casar, D-Texas, wrote to the Government Accountability Office on Friday to request a review of how the federal government hacks Americans, including with the use of spyware, and to have a report delivered to the public.
- [2]
The lawmakers wrote: "While federal law enforcement agencies have used hacking and spyware as an investigative tool for more than 25 years, there exists little public information regarding its scope, frequency, or operational safeguards."
- [3]
The lawmakers wrote: "Unlike traditional surveillance authorities, such as wiretaps or pen registers, the government does not publish annual reports for hacking operations."
- [4]
The letter is broader than spyware and also touches on federal acquisition of hacking tools, including the case of a former senior official at defense contractor L3Harris who was sentenced this year for stealing and selling capabilities developed for the federal government, as well as Rule 41 hacking powers.
- [5]
The two asked GAO to review documented cases of federal law enforcement misusing hacking capabilities for personal or otherwise unauthorized reasons, and what kind of safeguards agencies have against hacking abuses.
- [6]
They also asked GAO to review how agencies buy and protect sophisticated hacking tools, and how agencies make Rule 41 hacking requests to courts.
- [7]
TechCrunch first reported on the letter from Wyden and Casar.
- [8]
Immigration and Customs Enforcement has acknowledged working with spyware firm Paragon, and lawmakers have been asking whether that is the full extent of U.S. government reliance on spyware after the Biden administration largely shunned it.
- [9]
The lawmakers wrote that spyware and other hacking tools "grant expansive access to personal devices, including webcams, location data, stored files, and encrypted communications" and that unrestricted access to such capabilities "invites abuse by rogue agency personnel."
- [10]
The lawmakers wrote that "there are countless documented examples of government employees abusing other sensitive surveillance databases and tools for unauthorized personal purposes."
- [11]
Casar is the top Democrat on the House Oversight Subcommittee on Federal Law Enforcement, and Wyden has a long career of scrutinizing federal intelligence and surveillance efforts.
- [12]
The request contains at least four distinct lines of inquiry: scope and frequency of hacking, documented misuse and internal safeguards, acquisition and protection of hacking tools, and how agencies make Rule 41 requests to courts.
- [13]
By the letter's own account, more than 25 years of federal investigative hacking have passed without a single published annual count of those operations.
Sources
2 independent publishers whose own reporting we read for this story.
- cyberscoop.comLawmakers seek watchdog review of federal hacking of Americans
1 article · August 21, 2026
- scworld.comSenator Wyden seeks review of federal law enforcement hacking tools
1 article · August 21, 2026
Topics and entities
Topics
- Rule 41 Warrants
- Commercial Spyware Industry
- Lawful Hacking Transparency
- Insider Threat at Defense Contractors
- Government Surveillance Oversight
Entities
- House Oversight Subcommittee on Federal Law Enforcement
- United States Secret Service
- Rule 41 (Federal Rules of Criminal Procedure)
- Greg Casar
- Drug Enforcement Administration
- TechCrunch
- Federal Bureau of Investigation
- Government Accountability Office
- Ron Wyden
- Immigration and Customs Enforcement
- L3Harris