What we know about how the U.S. government uses spyware (and what we don't)

"Last month, Immigration and Customs Enforcement acknowledged for the first time the agency's growing arsenal of surveillance technology includes spyware. Such tools can remotely hack into phones and have been abused repeatedly by governments around the world that have used them not only to counter national security threats, but also to spy on political rivals, diplomats, human rights activists and journalists."

"ICE's admission of its spyware use, which the agency says has been approved to help its Homeland Security Investigations team disrupt foreign terrorist groups and fentanyl traffickers, comes as critics of the commercial spyware industry are growing concerned that the Trump administration is slowly reversing a previous hard line stance the U.S. government took against the industry in recent years."

""We're starting to see erosion," said Steve Feldstein, a senior fellow at the Carnegie Endowment for International Peace. "There's a concern that in the coming year, months, we could see further changes that would really put a damper on what I think has been a really important effort to try to hold this industry to account.""

"Former President Joe Biden's actions included blacklisting and sanctioning some spyware companies and personnel, an executive order limiting the government's use of commercial spyware and leading an international agreement with other democratic countries to counter the misuse of such tools. Those actions came in response to revelations that foreign governments were misusing the technology to commit human rights violations as well as targeting devices belonging to American politicians and officials."

ICE acknowledged using spyware as part of its expanding surveillance technology. The tools can remotely hack phones and have been repeatedly abused by governments worldwide to target political rivals, diplomats, human rights activists, and journalists. ICE said its spyware use was approved to help Homeland Security Investigations disrupt foreign terrorist groups and fentanyl traffickers. Critics of the commercial spyware industry are increasingly concerned that the Trump administration is reversing earlier U.S. restrictions. During the Biden administration, the U.S. blacklisted and sanctioned spyware companies and personnel, issued an executive order limiting government use of commercial spyware, and led an international agreement to counter misuse. Those actions followed reports of human rights violations and targeting of devices belonging to U.S. politicians and officials.

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