Senate committee holds hearing on controversial surveillance tool set to expire unless Congress reauthorizes

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The Senate Judiciary Committee held a hearing Wednesday about a controversial surveillance authority set to expire later this year unless Congress moves to reauthorize it.

Committee Chair Chuck Grassley, R-Iowa, indicated the Foreign Intelligence Surveillance Act Section 702 is a “vital” tool for national security.

“There is no doubt that section 702 is valuable,” ranking member Dick Durbin, D-Ill., said.

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Sens. Chuck Grassley and Dick Durbin

Committee Chairman Sen. Chuck Grassley, R-Iowa, speaks with ranking member Dick Durbin, D-Ill., before U.S. Attorney General Pam Bondi testifies during a Senate Judiciary Committee hearing on oversight of the Department of Justice on Capitol Hill in Washington, D.C., Oct. 7, 2025.  (Brendan Smialowski/AFP via Getty Images)

But Durbin added that “for years, the government has” utilized “it as a domestic spying tool to collect millions, maybe billions of Americans’ private … communications.”

“Section 702 has been abused to spy on business and religious leaders, political parties, members of Congress, campaign donors, journalists and political protesters of all stripes,” he added.

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U.S. Capitol building

The U.S. Capitol on the 40th day of a government shutdown Nov. 9, 2025, in Washington, D.C.  (Anna Rose Layden/Getty Images)

Durbin argued FISA 702 lacks adequate “safeguards.”

“It is my view, when 702 was authorized in 2008, and it remains my view now, that this section does not contain sufficient safeguards to protect the privacy and civil liberties of Americans,” he said.

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Sen. Dick Durbin

Sen. Dick Durbin, D-Ill., during a hearing to examine the abduction of Ukrainian children by the Russian Federation on Capitol Hill Dec. 3, 2025. (Demetrius Freeman/The Washington Post via Getty Images)

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According to intel.gov, “Section 702 only permits the targeting of non-United States persons who are reasonably believed to be located outside the United States. United States persons and anyone in the United States may not be targeted under Section 702.” 

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