US Courts to Reveal Government Spyware Wiretap Numbers in 2029
US courts will disclose spyware wiretap approvals starting in 2029, adding hacking data to annual reports but excluding searches of stored phone data.
Summary
The FBI has used hacking tools, including spyware, since at least 1998, without a public deployment count. Beginning with the 2028 Wiretap Report, published in 2029, the Administrative Office of the U.S. Courts will disclose precisely how often judges authorize hacking or spyware to intercept live communications under network investigating techniques, or NITs. The office confirmed the change to TechCrunch on August 14, 2026, saying nationwide forms and procedures must first be updated. Its Wiretap Reports, published annually for almost two decades, already categorize federal and state orders by jurisdiction, investigated crime, and audio, oral, or electronic interception.
The new category covers live Signal and WhatsApp calls and messages, but excludes phone hacking that extracts stored images, files, or location data, which is legally a search rather than a wiretap. Wiretaps require stronger evidence and are less common than search warrants, yet one past order collected millions of texts in three months. Democratic Senator Ron Wyden, who has sought disclosure since 2017, welcomed the change but urged Congress to pass the Government Surveillance Transparency Act, reintroduced earlier in 2026. Eva Galperin of the Electronic Frontier Foundation said counts could expose abusive or widespread deployment, while Brett Max Kaufman of the American Civil Liberties Union called disclosure overdue and useful for policymaking. Italy already reports such data, recording spyware against 4,321 targets in 2023.
Positives
- Starting in 2029, the judiciary will publish precise annual counts of judge approved spyware and hacking wiretaps.
- The 2028 Wiretap Report will add NIT surveillance after nationwide reporting forms and procedures are updated.
- Ron Wyden’s campaign for hacking surveillance disclosure, pursued since 2017, secured a concrete reporting change.
- Eva Galperin said official counts could strengthen accountability by making abusive or widespread spyware use harder to deny.
- Italy’s disclosure of 4,321 spyware targets in 2023 provides an existing international transparency benchmark.
Risks & concerns
- The new statistics will exclude hacks extracting stored images, files, and location data from phones.
- Public disclosure will not begin until 2029, despite FBI use of hacking techniques since at least 1998.
- One past wiretap collected millions of text messages over three months, showing how broadly a single authorization can reach.
- Americans still lack a complete count of government hacking, and Ron Wyden says broader legislation remains necessary.
- Spyware deployment numbering in the tens of thousands could undermine claims that authorities use it only surgically, Eva Galperin warned.
