Judge Napolitano Warns Of 'Silent Violence' As Trump Rescinds Spy Tech Restrictions And Backs FISA Extension

Former Judge Andrew Napolitano warns that the return of zero-click surveillance and the extension of FISA 702 represent a "silent destruction" of freedom.

By: AXL Media

Published: Mar 19, 2026, 5:50 AM EDT

Source: Information for this report was sourced from Antiwar.com

The Resurrection Of Pegasus And Zero-Click Surveillance

In a sharp critique of current federal surveillance policy, former Superior Court Judge Andrew Napolitano has highlighted the quiet return of "zero-click" software within the U.S. intelligence community. Originally purchased by the FBI for $5 million during the first Trump administration, the Israeli-developed Pegasus software allows government agents to download the entire contents of a device without the user interacting with a malicious link. While FBI Director Christopher Wray previously claimed the technology was kept under "lock and key" in a New Jersey warehouse, Napolitano reports that President Trump has officially rescinded a 2023 executive order that prohibited federal employees from using such invasive tools.

The Unconstitutional Nature Of AI Hacking

Napolitano classifies the use of zero-click technology as an "AI version of computer hacking," which remains a felony for private citizens. He argues that the unauthorized entry into personal electronic devices by federal agents is a direct violation of the Fourth Amendment, regardless of whether the government claims it is for "national security." By bypassing the need for a user to click a link, the government effectively removes the last barrier to total digital intrusion. The judge notes the irony of FBI agents utilizing these methods while simultaneously investigating and prosecuting private individuals for identical hacking activities.

FISA Section 702 And The Sixth-Degree Extension

Beyond the software itself, Napolitano takes aim at the looming legislative extension of Section 702 of the Foreign Intelligence Surveillance Act (FISA). He contends that FISA creates a "fig leaf" of legality for warrantless spying. Under current interpretations, the FISA Court allows federal agents to surveil individuals up to the "sixth degree" of separation from a foreign contact. This means that a single communication with a person abroad could theoretically justify the warrantless surveillance of millions of Americans. In 2023 alone, the federal government reportedly surveilled a database of 3 million Americans under this framework.