Members highlight need for transparency and effective oversight to protect Americans’ privacy, prevent abuses, and guard against cybersecurity risks
Washington, D.C. – U.S. Senator Ron Wyden, D-Ore. and Ranking Member of the House Oversight Subcommittee on Federal Law Enforcement Greg Casar, D-Tex., requested that the Government Accountability Office (GAO) conduct a comprehensive review of federal law enforcement agencies’ hacking of Americans’ electronic devices.
In their letter, the lawmakers highlighted the need for transparency from federal law enforcement regarding its use of hacking and spyware, which it has used for more than 25 years as investigative tools. Little is known about the scope or frequency of the government’s use of these technologies, nor the presence of operational safeguards.
“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,” the lawmakers wrote in letter to Acting Comptroller General Orice W. Brown. “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.”
Wyden and Casar asked the GAO to review the practices and policies of federal law
enforcement agencies, including the Federal Bureau of Investigation, Drug Enforcement Administration, Secret Service, and Homeland Security Investigations in three areas:
- Internal Misuse, Audit Protocols, and Safeguards Against Abuse: There are countless documented examples of government employees abusing sensitive surveillance databases and tools for unauthorized personal purposes. The lawmakers asked the GAO to review documented cases of misuse of hacking tools as well as how such cases are detected, monitored, and punished.
- Cybersecurity Risks, Vulnerability Management, and Tool Proliferation: These hacking tools can fall into criminal and foreign adversary hands in myriad ways. The members asked the GAO to investigate cybersecurity measures around both internal and external use of the tools.
- Judicial Candor, Authorization Transparency, and Risk Disclosure: Given the invasiveness and collateral risks of hacking tools, it is imperative that the government provide courts with sufficient information to evaluate the risks when the government seeks approval for hacking operations.
Wyden and Casar requested that that response from GAO be in an unclassified report, including recommendations for legislative and executive reforms to ensure that the necessary guardrails and oversight are placed on these dangerous and invasive surveillance methods to ensure the safety and privacy of Americans are respected.
A copy of the full letter sent to the GAO is available here.
A web version of this release is here.
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