US courts will start publishing how often the government uses spyware Starting in 2029, the U.S. judiciary is set to publicly disclose how often judges authorized the use of hacking tools and spyware to intercept real-time communications. The new category will be included in the 2028 Wiretap Report, published in 2029. It will specifically track surveillance involving so-called Network Investigative Techniques (NITs) — tools that can remotely intercept communications, including calls and messages sent through services such as Signal and WhatsApp. For nearly two decades, the Administrative Office of the U.S. Courts has published annual Wiretap Reports detailing court-authorized surveillance. However, these reports have never provided a dedicated category showing how often hacking or spyware was used. That is about to change: Importantly, the new statistics will not cover every government hacking operation. Using spyware to intercept live communications is legally treated as a wiretap, while remotely accessing a phone to extract stored photos, files, messages, or location data is generally handled as a search and will remain outside this dataset. Senator Ron Wyden has been pushing for this kind of transparency since 2017, arguing that the public remains largely unaware of the different ways governments conduct electronic surveillance. Privacy experts say the numbers could provide an important reality check. If spyware is supposedly used only as a highly targeted “surgical” tool, the eventual statistics should make that claim measurable. As EFF's Eva Galperin put it, once authorities have to report an actual number, it becomes much harder to hide the scale of deployment. Other countries already provide comparable data. Italy reported 4,321 spyware targets in 2023. Now, for the first time, we'll eventually get a public number for the United States too. And that number could be very revealing. Source: techcrunch.com
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