Letter To FBI

March 3, 2022
The Honorable Christopher A. Wray

Director
Federal Bureau of Investigation
935 Pennsylvania Avenue, N.W.
Washington, DC 20535
Dear Director Wray:
The NSO Group, an Israeli software company, gained widespread notoriety in 2021 after
several media organizations published allegations that one of its products—named “Pegasus”—
had been used by foreign governments to surveil dissidents, journalists, U.S. officials, and
others.1 Pegasus is a spyware tool that allows an operator to compromise a target’s mobile device
without requiring any input from the target.2 After compromising a device, the operator can
retrieve data on the device, track the device’s location, and commandeer the device’s camera and
microphone.3 The Federal Bureau of Investigation has reportedly investigated whether Pegasus
has been used against targets within the U.S. in recent years.4
As part of the allegations in 2021, media outlets reported that Pegasus was incapable of
compromising mobile devices with U.S. phone numbers.5 However, on January 28, 2022, the
New York Times reported that the NSO Group has made a version of Pegasus capable of
targeting U.S. mobile devices, called “Phantom.”6 This same report alleged that the FBI had
acquired access to NSO Group spyware in 2019, tested it, and retains the hardware necessary to
use it.7 The FBI has since acknowledged that it acquired and tested NSO Group spyware.8
Although the FBI has stated that it “procured a limited license for product testing and
evaluation only” and that “[t]here was no operational use in support of any investigation,” the
FBI reportedly had an active software license for NSO’s spyware for approximately two years
1
See, e.g., Drew Harwell and Craig Timberg, NSO Group vows to investigate potential spyware abuse following
Pegasus Project investigation, WASH. POST (Jul. 20, 2021); see also Craig Timberg et al., Pegasus spyware used to
hack U.S. diplomats working abroad, WASH. POST (Dec. 3, 2021).
2
Timberg et al., supra note 1.
3
Id.
4
See Joseph Menn and Jack Stubbs, Exclusive: FBI proves use of Israeli firm’s spyware in personal and government
hacks – sources, REUTERS (Jan. 30, 2020).
5
See Timberg et al., supra note 1.
6
Ronen Bergman and Mark Mazzetti, The Battle for the World’s Most Powerful Cyberweapon, N.Y. TIMES (Jan. 28,
2022).
7
Id.
8
Ellen Nakashima, FBI acknowledges it tested NSO Group’s spyware, WASH. POST (Feb. 2, 2022).
The Honorable Christopher A. Wray
March 3, 2022
Page 2
and paid the NSO Group approximately $5 million.9 During this period, lawyers at the FBI and
Department of Justice debated the legality of using Phantom on domestic targets and “NSO
engineers were in frequent contact with F.B.I. employees, asking about the various technological
details that could change the legal implications of an attack.”10
In light of the FBI’s repeated failure to adhere to safeguards on its use of Foreign
Intelligence Surveillance Act authorities,11 and the FBI’s spying on protected First Amendment
activities during the campaign of President Donald Trump, the FBI acquiring yet another tool to
spy on Americans is deeply troubling and presents significant risks to the civil liberties of U.S.
persons. To assist the Committee in conducting oversight of the FBI’s acquisition, testing, and
use of NSO Group spyware, please provide the following documents and information:
1. All documents and communications between or among the FBI and the NSO Group,
Westbridge Technologies, or any other NSO Group affiliate or subsidiary referring or
relating to the FBI’s acquisition, testing, or use of NSO Group spyware;
2. All documents and communications referring or relating to the FBI’s decision to acquire
NSO Group spyware; and
3. All documents and communications referring or relating to the FBI’s or Justice

Department’s assessment of the legality of using Phantom against domestic targets.
Please provide this information as soon as possible but not later than 5:00 p.m. on March
17, 2022. To the extent a complete response to this inquiry requires the provision of classified
information, please do so under separate cover.
If you have any questions about this request, please contact Judiciary Committee staff at
(202) 225-6906. Thank you for your prompt attention to this matter.
Sincerely,
________________ ________________
Jim Jordan Mike Johnson
Ranking Member Ranking Member
Subcommittee on the Constitution,
Civil Rights, and Civil Liberties
cc: The Honorable Jerrold Nadler, Chairman

The Honorable Steve Cohen, Chairman, Subcommittee on the Constitution, Civil Rights
and Civil Liberties
9
Id.; Bergman and Mazzetti, supra note 5.
10
Bergman and Mazzetti, supra note 6.
11
See, e.g., Letter from Jim Jordan, Ranking Member, H. Comm. on the Judiciary, and Mike Johnson, Ranking
Member, Subcommittee on the Constitution, Civil Rights, and Civil Liberties of the H. Comm. on the Judiciary, to
The Honorable Christopher A. Wray, Director, Federal Bureau of Investigation (Jan. 27, 2022).

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March 3, 2022

The Honorable Christopher A. Wray

Dear Director Wray:

3. All documents and communications referring or relating to the FBI’s or Justice

cc: The Honorable Jerrold Nadler, Chairman

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