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The Senate Judiciary Committee held a hearing on Wednesday about a controversial surveillance authority set to expire later this year unless Congress moves to reauthorize it.
Committee Chair Sen. Chuck Grassley, R-Iowa, indicated that 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 Sen. Dick Durbin, D-Ill., said.
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Commitee chairman Sen. Chuck Grassley, R-Iowa, speaks with Ranking Member Senator 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 said.
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Durbin opined that 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, D-Ill., during a hearing to examine the abduction of Ukrainian children by the Russian Federation on Capitol Hill on Wednesday 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.”
