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US courts will start publishing how often the government uses spyware

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The FBI has been using hacking techniques and tools, such as spyware, since at least 1998, but to date there is no public data counting how often the feds were deploying them. That’s about to change — at least for the use of spyware for tapping into someone’s real-time communications.

Starting in 2029, U.S. judiciary will publicly disclose precisely how many times judges authorized the use of wiretaps to be carried out with hacking tools and spyware, which fall under the category of what the feds call network investigating techniques, or NITs.

For almost two decades, the Administrative Office of the U.S. Courts, which coordinates operations across the judiciary, has issued annual Wiretap Reports. These reports detail how many wiretaps were authorized every year, breaking the numbers down by whether federal or state judges ordered them, in which states the wiretaps were conducted, what type of crime was investigated, and other data. 

Wiretaps allow police to gain real-time access to people’s calls, messages, and other communications. Given how invasive wiretaps can be to a person’s privacy, law enforcement have to present a high bar of evidence that a crime is being committed before a judge will authorize the use of a live tap. As such, wiretaps are generally issued in far fewer numbers than search warrants, but can still sweep up a large amount of people’s communications. Years ago, for example, one wiretap allowed a massive surveillance operation that collected millions of text messages over the course of three months.

The annual wiretap reports break down the type of wiretaps authorized during the year: from audio wiretaps that can collect real-time voice from phone calls; oral taps that rely on using real-world microphones and other eavesdropping techniques; and, the electronic tapping of text messages, emails, and other messages as they pass through a provider’s network.

The Administrative Office of the U.S. Courts told Democratic senator Ron Wyden this week that it will begin tracking the new “spyware/hacking” surveillance category starting in the 2028 Wiretap Report, which will be published the following year. 

A spokesperson for the Administrative Office of the U.S. Courts confirmed the change in an email to TechCrunch: “The Wiretap Report is compiled from individual forms submitted from throughout the country and throughout the year. Before the new data can appear in the annual report, reporting forms and procedures need to be updated to accommodate the new categories,” the spokesperson said. 

It’s important to note that this statistic will only reveal when authorities have used spyware to intercept communications, such as Signal and WhatsApp calls and messages, and not when they use tools to remotely hack into a phone and extract data stored inside of it, such as images, files, and their location. The first is a wiretap, and the latter is a search, which is an altogether different kind of legal process and not relevant here.

Wyden, who has criticized “the unnecessary secrecy around electronic surveillance orders” and has called for this kind of data to be published since 2017, celebrated the change.

“The American people remain largely in the dark about the different ways that the government is spying on them,” Wyden said in a statement to TechCrunch. “I am thankful that the federal courts agreed to collect and publish data about hacking, but Congress must go further and pass my Government Surveillance Transparency Act,” a draft bill that Wyden and others reintroduced earlier this year.

Getting this kind of transparency, according to privacy experts, is a huge win.

“Up until now, we have only been able to guess at the size of the problem,” said Eva Galperin, the director of cybersecurity at the Electronic Frontier Foundation and an expert on government spyware. 

Galperin said that once these statistics become public, it will help hold the U.S. government accountable when there are abusive uses of spyware, as it will be harder for the authorities to deny that the tools were used. 

“Being able to point to a report saying that spyware was used X number of times will help with accountability, especially if it turns out that number is quite high,” Galperin added. “It’s hard to say that you’re using spyware as a surgical tool when you’ve deployed it tens of thousands of times.”

Brett Max Kaufman, a senior counsel in the American Civil Liberties Union’s Center for Democracy, said the change is “an important and long-overdue step forward for transparency around government hacking and should lead to better-informed policy and law around these issues going forward.”

Other countries, such as Italy, already publish detailed data on the use of spyware. For example, in 2023, spyware was used against 4,321 targets in the country, according to publicly available data.

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FIFA IS NOT A SHIELD AGAINST ACCOUNTABILITY: GOVERNMENT CAN REFORM SPORTS WITHOUT TAKING OVER FOOTBALL

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There is a dangerous narrative beginning to circulate around Nigerian football.

It tells Nigerians that the moment the government questions the administration of football, FIFA will immediately suspend Nigeria.

That argument sounds frightening.

But it is also far too simplistic.

FIFA rules protect football associations from undue interference. They do not place football above the laws, financial regulations and accountability mechanisms of the country in which it operates.

That distinction matters.

The Nigeria Football Federation is a FIFA member association and must enjoy operational independence. FIFA’s statutes require member associations to manage their affairs independently and without undue influence from third parties.

But independence does not mean immunity.

The government can fund football.

The government can build stadiums.

The government can finance national-team programmes.

The government can support grassroots development.

The government can demand accountability for public money.

The government can investigate allegations of financial misconduct through the appropriate institutions.

The government can regulate the broader sporting environment.

What it cannot legitimately do under FIFA’s rules is take over the NFF’s football administration, dictate its elections or install its own football leadership.

That is the line.

And the world has already shown us that this line can be managed without turning every disagreement into a FIFA war.

Look at Sri Lanka.

FIFA suspended the country’s football federation in January 2023 because it determined that government interference had affected the federation’s affairs. But FIFA did not leave the country permanently suspended. By August 2023, the suspension had been lifted after the necessary steps were taken to restore the federation’s autonomy.

Pakistan provides another example.

FIFA suspended the Pakistan Football Federation in February 2025. Less than a month later, FIFA lifted the suspension after the PFF Congress unanimously approved constitutional amendments that FIFA and the Asian Football Confederation had validated.

Zimbabwe went through an even longer crisis.

FIFA suspended the Zimbabwe Football Association for 18 months. Eventually, FIFA lifted the suspension and appointed a normalisation committee with a defined mandate to run the daily affairs of the federation, restructure its administration and prepare the ground for a new leadership process.

Kenya has also experienced FIFA intervention and eventually had its suspension lifted after the required conditions were addressed.

So what is the lesson?

The lesson is not “never question football.”

The lesson is:

“If football governance is broken, fix it through a process that respects football’s autonomy.”

That is very different.

Nigeria does not have to choose between two extremes:

Do absolutely nothing because FIFA might complain.

Or:

Take over the NFF and risk a confrontation with FIFA.

There is a third option.

Accountability.

If public money is being spent on football, Nigerians have the right to know how that money is being used.

If there are allegations of financial misconduct, they should be investigated.

If national teams are repeatedly failing, there should be a proper technical and administrative review.

If the domestic leagues are struggling, the structures should be examined.

If the NFF’s governance needs improvement, its statutes and electoral system can be reformed through the appropriate football processes.

And if the people running football have failed, the democratic process should provide the mechanism for replacing them.

That is not a FIFA violation.

That is governance.

And there is an important development Nigerians should not overlook.

The NFF itself has already established a process for its next elective Congress. The federation’s 2026 Extraordinary General Assembly approved amendments to its statutes and electoral framework, while the Elective Congress has been scheduled for September 27, 2026.

So if the argument is that Nigerian football needs change, the question should be:

How do we make that election more credible, transparent and representative?

Not:

How do we secretly control the election?

And not:

How do we frighten Nigerians with the word FIFA?

There is another reason this conversation matters.

The NFF itself has now established a fact-finding committee following Nigeria’s recent poor run of results, including the Super Falcons’ failure to qualify for the 2027 Women’s World Cup.

That is precisely the kind of process we should be demanding.

Investigate.

Publish the findings.

Identify the failures.

Recommend reforms.

Implement them.

Measure the results.

If government provides the money, government should be able to ask what happened to the money.

If FIFA provides development funds, FIFA should be able to demand proper reporting.

If sponsors provide money, sponsors should demand commercial accountability.

If Nigerians provide public funds, Nigerians deserve transparency.

None of that requires government to run the NFF.

In fact, the argument that government cannot demand accountability because of FIFA could become dangerous in itself.

Because what happens if an organisation receives public money but nobody is allowed to ask questions about it?

That is not autonomy.

That is impunity.

And Nigeria should reject both extremes.

We should not support political control of football.

But we should also not allow the word FIFA to become a magic word that stops every legitimate conversation about accountability.

The examples from Sri Lanka, Pakistan, Zimbabwe and Kenya show something else: even when FIFA does intervene, the process is not necessarily permanent. Suspensions can be lifted when the underlying governance problem is addressed and the federation’s autonomy is restored.

Therefore, Nigerians need to stop being frightened by hypothetical FIFA bans and start asking concrete questions.

What exactly has the government alleged?

What evidence exists?

What public money is involved?

Which institution is responsible for investigating it?

What does Nigerian law provide?

What does the NFF constitution provide?

What does FIFA require?

Where is the boundary between legitimate oversight and prohibited interference?

Those are intelligent questions.

Not propaganda.

Not panic.

Not political slogans.

NIGERIAN FOOTBALL DOES NOT NEED A GOVERNMENT TAKEOVER.

But it also does not need a football federation that believes autonomy means nobody can question it.

The solution is much simpler:

Government should govern government money.

Football people should govern football.

Auditors should audit.

Investigators should investigate.

The NFF Congress should elect.

FIFA should enforce its statutes.

And Nigerians should demand that every institution does the job it was created to do.

FIFA AUTONOMY MUST NOT BECOME A SHIELD AGAINST ACCOUNTABILITY.

And accountability must never become an excuse for political capture.

Nigeria is capable of doing both things correctly.

Protect football from political control.

And protect Nigerian football from institutional impunity.

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Asaba Incident: Aircraft’s black box data overwritten after crew flew back to Lagos

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The Nigerian Safety Investigation Bureau (NSIB) has said critical data from the flight recorder of the private jet that landed on a road near Asaba Airport was overwritten after the aircraft was flown back to Lagos before investigators could take custody of it.

The Director-General of the NSIB, Alex Badeh, disclosed this on Friday during a virtual media briefing, saying the development would make it more difficult for investigators to reconstruct what happened during the unusual landing.

The incident involved a US-registered Bombardier Challenger 601-3A operated by VMO Aero Limited, which landed on a paved road near Asaba Airport in Delta State on 10 June instead of the designated runway.

The aircraft, which was flying from Lagos to Asaba under Instrument Flight Rules, was carrying four crew members and three passengers. No injuries were reported.

The crew later flew the aircraft back to Lagos before investigators arrived at the scene.

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Mr Badeh said the return flight resulted in the flight recorder overwriting data that could have assisted the investigation.

He said the recorder was expected to have a longer recording capacity but, in this case, investigators recovered only about two hours of low-quality data.

“The rule allows them to have a 26-hour electric recorder but we discovered that it only recorded for about two hours of low quality,” he said.

He explained that because the aircraft had flown from Lagos to Asaba and then back to Lagos, the recorder had overwritten information from the period investigators were most interested in.

That has left investigators with less flight data from the aircraft’s movement around the time of the wrong-surface landing.

Mr Badeh, however, said the loss of the data would not end the investigation, adding that the bureau was using other methods to establish what happened.

What happened at Asaba

The incident had earlier raised questions about how the aircraft ended up on a road despite having been cleared to land at Asaba Airport.

PREMIUM TIMES had reported that the preliminary investigation showed the crew discontinued its initial approach before attempting a second approach to Runway 11.

The crew believed it was correctly aligned with the published Required Navigation Performance procedure before landing on a paved road under construction near the airport instead of the runway.

The aircraft subsequently departed the roadway and returned to Lagos.

Following its arrival in Lagos, the Nigeria Civil Aviation Authority (NCAA) grounded the aircraft and suspended VMO Aero Limited’s Permit for Non-Commercial Flight pending investigations.

The development also attracted the attention of the Minister of Aviation and Aerospace Development, Festus Keyamo, who described the incident as a serious security breach.

Mr Keyamo had said the aircraft had been cleared by air traffic control to land on the runway but instead landed on a concrete road outside the secured airport environment.

He also raised concerns about the crew’s decision to leave the scene before investigators could examine the aircraft.

The crew was subsequently arrested on arrival in Lagos and handed over to the State Security Services (SSS) for further investigation.

Crew flew aircraft back without ATC clearance

Mr Badeh said the decision to return the aircraft to Lagos before investigators arrived created a major challenge for the safety investigation.

He said the pilot flew the aircraft back to Lagos without clearance from Air Traffic Control (ATC).

The additional flight, according to the NSIB boss, caused the recorder to overwrite some of the data from the original journey.

Flight recorders use continuous recording systems in which newer information can replace older data once the available storage capacity is reached.

As a result, the additional flight can affect the availability of information investigators need when reconstructing an occurrence.

Mr Badeh said the NSIB was still working to recover as much information as possible through other investigative methods.

He also said another flight recorder-related issue had been identified, but cautioned against drawing conclusions about what caused it.

“Although the FTR of the airplane did not work as well, I am not sure what happened but I think it was part of the cleaning, I’m not sure and I am not going to blame the operators yet.”

He added that the bureau would wait for the outcome of the investigation before reaching conclusions.

“So, for me I don’t think the airlines are going out of their way to destroy evidence,” he noted.

Mr Badeh said the NCAA had issued letters of investigation to operators reminding them of their obligation to preserve relevant data.

He noted that the NSIB had also held a workshop with operators on the need to preserve evidence after occurrences.

The bureau, he said, would continue engaging operators on the issue.

‘Crew don’t trust investigators’

Beyond the technical difficulties created by the overwritten data, Mr Badeh raised concerns about what he described as a wider safety culture problem within the aviation industry.

He said some pilots and crew members were reluctant to provide investigators with complete information because they feared that admitting mistakes could cost them their jobs.

“The crew don’t trust NSIB; they are scared of losing their jobs. It is a major problem we are dealing with,” he said.

According to him, the bureau does not recommend punitive sanctions for crew members who provide information during safety investigations.

“We do not recommend punitive sanctions, and we constantly assure crew members that nobody should be penalised for telling the truth,” Mr Badeh said.

The concern is significant because safety investigations depend heavily on accurate information from flight crews, alongside flight data, cockpit recordings, air traffic control communications and other evidence.

Where investigators cannot obtain complete information, it can become more difficult to establish the sequence of events and identify lessons that could prevent a similar occurrence.

NSIB raises funding concerns

Mr Badeh also used the briefing to raise concerns about the bureau’s funding and the possible effect of a proposed reduction in its share of the five per cent Ticket Sales Charge (TSC).

The NSIB is opposing a proposal by the Nigerian Airspace Management Agency (NAMA) to reduce its share of the TSC from six per cent to four per cent.

The proposal was presented at a public hearing of the House of Representatives and is intended to increase NAMA’s allocation.

The TSC is collected by the NCAA and distributed among several aviation agencies.

Mr Badeh said the NSIB already receives the lowest allocation among the relevant agencies and that reducing its share further would put additional pressure on the bureau.

“We already get the lowest percentage of all the agencies. With this proposed reduction, it’s going to severely affect the NSIB,” he said.

“The Bureau is already grappling with shortfalls in its current allocation; an additional cut is unsustainable,” he added.

ALSO READ: Asaba aircraft aborted first landing attempt before touching down on construction road — NSIB

The funding concern comes as the NSIB’s responsibilities have expanded beyond aviation.

The bureau now conducts multimodal safety investigations covering aviation, maritime, rail and road transportation.

Mr Badeh said the NSIB had not received its full six per cent allocation since around April or May, although he maintained that the funding shortfall had not prevented the bureau from carrying out investigations or expanding its operations.

“We are working on a more sustainable funded formula for the NSIB. I’m not sure what that’s going to look like yet, but we are talking with the NRS and the Presidency to figure this out,” he said.

The funding challenge also comes as the bureau works to complete its transition from the Ministry of Aviation and Aerospace Development to the Presidency.

Mr Badeh said the administrative process was substantially complete, with legislative amendments awaiting review by the Attorney-General of the Federation before consideration by the Federal Executive Council and the National Assembly.

The House of Representatives had previously approved the legislative framework for transferring the bureau to the Presidency.

The NSIB is also seeking funding from other transport agencies as part of its multimodal responsibilities.

Mr Badeh said the bureau had yet to receive applicable funds from the Nigerian Railway Corporation, while the Nigerian Maritime Administration and Safety Agency had disputed its obligation to remit certain charges.

He, however, commended the Federal Airports Authority of Nigeria for its cooperation with the bureau.

The developments surrounding the Asaba incident have therefore raised issues beyond what caused the aircraft to land on a road.

For the NSIB, the investigation now involves reconstructing the occurrence despite the loss of critical flight data, while also examining the circumstances that led the crew to leave the scene and return the aircraft to Lagos before investigators arrived.

The bureau’s findings are expected to establish the factors that led to the wrong landing and identify measures that could prevent a recurrence.


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