A Democratic congresswoman is asking the Department of Commerce to brief Capitol Hill on its policies and communications regarding commercial spyware, particularly in light of concerns about the Trump administration potentially increasing its use of such technology. This request follows recent acknowledgments by U.S. Immigration and Customs Enforcement about its use of commercial spyware.
Rep. Summer Lee, D-Pa., has formally requested a briefing from the Commerce Department. The focus is on developments surrounding ICE’s acknowledged use of Paragon’s Graphite spyware and the recent acquisition of a controlling stake in the Israeli firm NSO Group by an American company. The Commerce Department previously sanctioned NSO Group under the Biden administration due to widespread allegations of abuse, including surveillance of government officials, activists, and journalists.
Commerce Department Briefing Sought on Commercial Spyware
In her letter to Commerce Secretary Howard Lutnick, Rep. Lee expressed apprehension that the Trump administration may be receptive to employing commercial spyware for cell phone infiltration and allowing U.S. investment in companies like NSO Group, which is currently under sanctions. CyberScoop first reported on the content of this letter.
The new executive chairman of NSO Group, David Friedman, is a former U.S. ambassador to Israel under the Trump administration and also served as his bankruptcy attorney. Friedman has publicly stated his expectation that the incoming administration would be “receptive” to utilizing NSO Group’s technology.
Concerns Over Potential U.S. Use of NSO Group Technology
Lee, who serves on the House Oversight and Government Reform Committee and is the leading Democrat on its Federal Law Enforcement Subcommittee, emphasized the close ties between NSO Group and the Trump administration. She voiced significant concerns regarding the potential for NSO’s technology to be used to spy on Americans. Her letter specifically requests information about the American company’s purchase of NSO Group and the potential deployment of NSO’s spyware by federal law enforcement agencies.
Lee was also involved in a previous letter from House Democrats that sought confirmation from ICE regarding its use of Paragon’s Graphite spyware, which ICE later confirmed. However, Democrats criticized the administration for not providing comprehensive answers to all their inquiries and expressed outrage over the findings.
In her latest request, Lee is asking the Commerce Department to brief the staff of the Oversight and Government Reform Committee. The briefing should cover internal department deliberations, any communications between the Commerce Department and the White House concerning commercial spyware, and any external discussions, including those with Friedman, regarding the government’s use of NSO Group technology or other commercial spyware, as well as U.S. investment in NSO Group.
NSO Group appears to view the Trump administration as aligned with its interests in the United States, positioning itself as a crucial tool for U.S. national security. The company has indicated in court filings that it is “reasonably foreseeable” that a U.S. law enforcement or intelligence agency will employ its Pegasus spyware.
The Biden administration’s sanctions and legal setbacks, such as a court case loss against Meta, had previously impacted NSO Group’s strategic aims. Even under the Trump administration, the Commerce Department had resisted calls to remove NSO Group from its sanctions list prior to the recent controlling stake acquisition by a U.S. investment firm last fall.
However, the tens of millions of dollars in investment, coupled with news reports of Israel using Pegasus to track individuals implicated in kidnappings or murders by Hamas, has provided a boost to NSO Group’s prospects.
NSO Group maintains that its products are developed solely to aid law enforcement and intelligence agencies in combating terrorism and crime. The company states that it conducts vetting of its customers and investigates any instances of misuse. Nevertheless, numerous news reports and investigations have documented a range of abuses associated with its spyware.
There have been isolated reports indicating interest from U.S. entities in using NSO Group technology. The FBI has acknowledged acquiring a Pegasus license but did not proceed with its deployment. The Times of London reported that it is believed the Central Intelligence Agency utilized Pegasus spyware during a recent rescue mission for a downed U.S. airman in Iran.
The Commerce Department is expected to respond to Rep. Lee’s request for a briefing. The extent of the information provided and the department’s stance on commercial spyware will be closely watched. Further developments concerning potential U.S. government adoption of such technologies and American investment in companies like NSO Group remain uncertain.