Federal court records show the FBI went beyond simply testing commercial spyware as it considered how the technology could be used in criminal investigations. Those records now expose a gap in a new US court reporting system that will count hacking-based wiretaps but not every stage of government interest in or use of device-hacking tools.

Beginning with 2028 activity, the federal judiciary plans to separately track court-authorized interceptions that use spyware or hacking techniques, with the first figures expected in 2029. The FBI’s NSO Group records show why those statistics will still be incomplete: agencies can evaluate tools, draft…

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