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Article

22 Sep 2025

Author:
Joseph Cox

USA: 404 Media files lawsuit demanding transparency on government spyware procurement

"We’re Suing ICE for Its $2 Million Spyware Contract" 22 September 2025

On Monday 404 Media filed a lawsuit against Immigration and Customs Enforcement (ICE) demanding the agency publish its $2 million contract with Paragon, a company that makes powerful spyware that can remotely break into mobile phones without the target even clicking a link. The sale of the spyware to ICE has activists and lawmakers deeply concerned about what the agency, which continues to push the Trump administration’s mass deportation effort, may use the technology for. The contract and related documents 404 Media is suing for may provide more information on what ICE intends to do with the spyware.

“404 Media has asked ICE to disclose agency records relating to its contract with a company known for its powerful spyware tool whose potential use in the agency’s ongoing mass-deportation campaign has prompted lawmakers, civil liberties organizations, and immigration groups to express deep concerns over potential civil rights abuses,” the lawsuit says...

...404 Media first filed a Freedom of Information Act (FOIA) request with ICE for documents related to its Paragon purchase in September 2024. Under the law, agencies are required to provide a response within 20 days, or provide an explanation of why they need more time. ICE acknowledged receipt of the request in September 2024, but has not since replied to any follow up inquiries. 404 Media then filed the lawsuit...

...Graphite is capable of letting police remotely break into messaging apps like WhatsApp, Signal, Facebook Messenger, and Gmail according to a 2021 report from Forbes. While other government spyware tries to take over an entire device allowing all sorts of other capabilities, Paragon sets itself apart by promising to access just the messaging applications, according to Forbes...

...Citizen Labs’ researchers said they shared their analysis with Meta, which in turn discovered an active Paragon zero-click exploit for WhatsApp. It involved the attacker adding a target to a WhatApp group and sending them a PDF which automatically infected the device. This meant Paragon’s software could hack into a target phone through its WhatsApp client without any target interaction. Later WhatsApp notified more than 90 people it believed had been targeted with Paragon’s exploit...Some of those targets were in Italy, including prominent Italian and other European journalists, and activists who rescue refugees at sea. Those revelations have since ballooned into a full-scale political crisis, with parliamentary inquiries and The Guardian reporting that Paragon cancelled its contract with Italy...

...Selling to ICE, an agency that has flaunted due process, accountability, and transparency, may complicate that stance for Paragon. ICE has arrested people who were following the steps necessary for legal immigration; waited outside courtrooms to immediately detain people after their immigration cases were dismissed to rush them out of the country; “de-documented” people who had valid work permits in order to deport them; and continues to pick up people around the country while masking their faces and declining to provide their names...