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

Immigration and Customs Enforcement (ICE) acknowledged for the first time last month that it uses spyware tools to remotely hack into phones as part of its Homeland Security Investigations efforts. The agency claims the technology helps disrupt foreign terrorist groups and fentanyl trafficking, but critics argue its adoption reverses a stricter stance taken under the Biden administration. The Biden administration had blacklisted and sanctioned spyware companies like NSO Group, which developed the Pegasus spyware linked to human rights violations worldwide, including targeting activists, journalists, and even phones linked to Jamal Khashoggi’s associates. An executive order limited government use of commercial spyware, and the U.S. led an international agreement to counter its misuse. Under the Trump administration, sanctions against three individuals tied to the Predator spyware were lifted, and a paused ICE contract with Paragon Solutions—a spyware firm founded in Israel—was temporarily revived. Privacy advocates fear further restrictions on NSO Group could follow, given its history of misuse in 45 countries, including surveillance of dissidents and journalists. NSO Group’s Pegasus spyware has been exposed for turning phones into recording devices, accessing messages, and tracking users without consent. Its tools were found on devices belonging to Khashoggi’s associates before his 2018 murder in Turkey. The Trump administration’s actions have raised concerns about a broader erosion of controls on spyware, despite past efforts to hold the industry accountable. Steve Feldstein, a senior fellow at the Carnegie Endowment for International Peace, warned the rollback could undermine global efforts to curb spyware abuse. The shift risks enabling governments to target political rivals, diplomats, and activists, he said, reversing progress made under Biden’s policies.