The Justice Department effort is raising questions among some technology advocates, who say the government should focus on fixing the holes in computer software that allow such hacking instead of exploiting them. Privacy advocates also warn government spyware could end up on innocent people's computers if remote attacks are authorized against equipment whose ownership isn't clear.
The government's hacking tools — such as sending an email embedded with code that installs spying software — resemble those used by criminal hackers (sic). The government doesn't describe these methods as hacking (sic), preferring instead to use terms like "remote access" and "network investigative techniques".
Ars Technica cover the same story [arstechnica.com] but offer some useful analysis of the subject.