Cybersecurity Policy Report, GAO Asked to Investigate Federal Use of Spyware, Hacking Tools, (Aug 21, 2026)
The extent to which federal law enforcement agencies use spyware and other hacking capabilities is unknown, and the Government Accountability Office should investigate, according to Sen. Ron Wyden (D., Ore.) and Rep. Greg Casar (D., Texas), ranking member of the House Oversight and Government Reform Committee’s federal law enforcement subcommittee.
“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,” the lawmakers said in a letter sent today to Orice Brown, GAO’s acting head.
“Moreover, DOJ and the Federal Bureau of Investigation (FBI) have repeatedly ignored congressional requests for greater transparency across multiple administrations,” they added.
“To enable informed public debate, ensure appropriate operational safeguards, and assist Congress in crafting future legislation, we request that the GAO conduct a review of federal law enforcement hacking and publish an unclassified report detailing its findings and recommendations, accompanied by a classified annex if necessary to address sensitive operational details,” Sen. Wyden and Rep. Casar said.
They asked GAO to focus on the “practices and policies” of the Federal Bureau of Investigation, Drug Enforcement Administration, Secret Service, and Homeland Security Investigations, including the misuse of spyware.
“Spyware and other hacking tools grant expansive access to personal devices, including webcams, location data, stored files, and encrypted communications. Unrestricted access to such invasive surveillance capabilities invites abuse by rogue agency personnel,” they said.
In addition, GAO should look into the “government’s acquisition and use of sophisticated hacking capabilities,” the lawmakers advised, including whether newly discovered vulnerabilities are being properly disclosed to the public or used for government surveillance.
Sen. Wyden and Rep. Casar also want GAO to consider whether federal law enforcement agencies “adequately inform judges when they are seeking permission to conduct a hacking operation involving unknown targets, bulk hacking, or operations that may inadvertently sweep up innocent bystanders.”
“Federal courts rely heavily on the government’s candor when evaluating search warrant applications,” they said, and “courts must be provided sufficient information in order to properly evaluate applications for government hacking operations.”
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