The U.S. Department of Homeland Security first entered into a $2 million agreement with Paragon Solutions, a spyware maker founded in Israel, in late 2024 under the Biden administration. That deal was frozen pending a compliance review to ensure adherence to an executive order limiting the use of foreign-made spyware. But recent public procurement filings reveal that the pause has now been lifted, giving Immigration and Customs Enforcement (ICE) the authority to use the technology.
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The software, known as Graphite, allows operators to hack into virtually any smartphone, accessing encrypted apps like WhatsApp and Signal, monitoring calls, tracking locations, and even turning a phone into a covert listening device. It is among the most powerful cyberweapons now in U.S. hands.
Between Security and Abuse
The Biden administration had previously attempted to rein in spyware proliferation, signing an executive order banning federal use of surveillance tools that pose counterintelligence or security risks. It also blacklisted NSO Group, another Israeli spyware maker infamous for selling to authoritarian regimes. Yet the ICE contract with Paragon, now owned by a U.S. firm, slipped through regulatory cracks.
Officials say such spyware is necessary for fighting terrorism and serious crime. But civil rights groups warn that ICE, long criticized for its aggressive tactics against migrants, now controls a tool that could obliterate privacy protections and due process rights.
Spyware’s Global Controversy
Paragon insists it differs from NSO, claiming it sells only to democracies and enforces a no-tolerance policy against misuse. Still, spyware like Graphite has been abused before. Reports revealed that nearly 90 activists, journalists, and dissidents across two dozen countries were targeted with similar tools, sparking scandals in Europe and beyond.
Experts warn that even when governments pledge restraint, mercenary spyware poses inherent risks. “These tools were designed for dictatorships, not democracies built on liberty and rights,” said John Scott-Railton of the University of Toronto’s Citizen Lab. He cautioned that widespread government adoption increases the likelihood of misuse.
Civil Liberties at Risk
Privacy advocates are alarmed not only by ICE’s new capabilities but also by the opaque manner in which the contract was finalized. Nadine Farid Johnson of Columbia University’s Knight First Amendment Institute called the deal a “profound threat to free speech and privacy,” noting that spyware has already been used against journalists and human rights defenders worldwide.
She urged Congress to impose strict limits on when and how spyware may be deployed. Without such guardrails, she warned, the U.S. risks normalizing invasive surveillance practices once associated with authoritarian states.