U.S. courts will begin reporting the frequency of government-authorized spyware use in 2029. Learn how this shift impacts surveillance transparency.
Based on reporting by TechCrunch. Research, structure, and fact-checking by Groundwork.
Starting in 2029, the U.S. government will publish data on the use of spyware for intercepting communications. While this increases transparency, it only covers real-time interception, not all forms of device hacking.
While this update marks a significant shift toward transparency, it is limited in scope. The new reporting requirement specifically tracks when spyware is used to intercept live communications, such as messages sent through encrypted services like Signal or WhatsApp. It does not necessarily account for other forms of remote phone hacking that may not involve real-time interception of communications. Wiretaps, by their nature, are highly invasive, often capturing large volumes of data from individuals who are not the targets of an investigation. For example, previous surveillance operations have resulted in the collection of millions of text messages over short periods. As the government increases its use of digital tools, this reporting mechanism will serve as a primary indicator of how frequently these powerful, intrusive technologies are deployed against the public.
The addition of spyware statistics to the annual Wiretap Report will provide researchers, journalists, and the public with a baseline for understanding the scale of digital surveillance. Historically, the FBI has been using various hacking techniques since at least 1998, yet the lack of granular data has prevented a clear assessment of how often these tools are used. By formalizing this category, the judiciary is essentially acknowledging that NITs have become a standard, albeit invasive, tool in the modern law enforcement toolkit. This visibility is expected to facilitate more informed debates regarding the balance between national security interests and individual privacy rights, as the specific frequency of these deployments will no longer be a matter of speculation.
A network investigative technique is a government-authorized hacking tool used by law enforcement to gain access to a target device. These tools allow authorities to intercept real-time communications, such as messages and calls, by remotely accessing the device's operating system or network connection.
The first report containing data on spyware usage is scheduled for publication in 2029. This report will cover the surveillance activities conducted during the 2028 calendar year as part of the annual Wiretap Report issued by the Administrative Office of the U.S. Courts.
No, the report is limited in scope. It only tracks the use of spyware for the specific purpose of intercepting real-time communications, such as phone calls or encrypted messages. It does not account for other types of remote hacking used for forensic data extraction.
The judiciary is updating its reporting procedures to provide transparency regarding the use of modern surveillance technologies. By creating a specific category for spyware, the courts aim to accurately reflect how often judges authorize the use of hacking tools compared to traditional wiretapping methods.
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