IC Oversight & Policy — 2026-08-23

Wyden and Casar Request GAO Review of Federal Government Hacking and Spyware Use

BLUFAbsent legislative compulsion, this request joins a long record of unenforced transparency demands that agencies have successfully ignored across administrations.

Sen. Ron Wyden, D-Ore., and Rep. Greg Casar, D-Tex., sent a letter Friday to Acting Comptroller General Orice W. Brown requesting a GAO review of federal law enforcement's hacking and spyware use against Americans, naming the FBI, DEA, Secret Service and ICE's Homeland Security Investigations 12. The lawmakers asked GAO to examine misuse safeguards, cybersecurity risks from tool proliferation, and how agencies disclose hacking methods to courts seeking authorization, and to publish an unclassified report 1. The government has used such tools for more than 25 years without the annual reporting required for wiretaps or pen registers 23. Wyden cited former L3Harris executive Peter Williams, who stole and sold government hacking tools to a Russian broker later used against Ukraine, as an example of proliferation risk 23. Wyden separately tied the request to ICE's $2 million contract with Israeli spyware firm Paragon Solutions, warning the agency would use the tool to "further trample on the rights of Americans" 23.

Analysis
A GAO review request carries no compulsory force. DOJ and FBI have declined comparable congressional transparency demands across multiple administrations, so the letter's practical effect depends on whether GAO agrees to open an inquiry and whether agencies cooperate with document requests. Framing the ask around cybersecurity risk rather than civil liberties alone widens potential support beyond Wyden's usual surveillance-oversight allies, since tool proliferation touches export-control and vendor-security constituencies. Absent a GAO commitment or a legislative trigger forcing disclosure, the near-term outcome is a request on record rather than new visibility into federal hacking practices.

4 sources

Wyden, Casar Demand GAO Investigation Into Federal Law Enforcement's Use of Hacking and Spyware on Americans - Office of Senator Ron Wyden
Senator asks US government watchdog to review how feds use hacking tools - TechCrunch
Lawmakers seek watchdog review of federal hacking of Americans - CyberScoop
Senator Wyden seeks review of federal law enforcement hacking tools - SC Media