The U.S. intelligence community is facing challenges in emphasizing the significance of Section 702 of the Foreign Intelligence Surveillance Act while avoiding divulging too much information to its targets and combating misconceptions within Congress. Section 702 allows warrantless surveillance of foreigners outside the U.S., but not American citizens or individuals within the country. However, if a U.S. person is engaged in communication with a known foreign terrorist target, their electronic communications may be collected. The authority has been instrumental in preventing terror plots, defending critical infrastructure against cyberattacks, and intercepting weapons of mass destruction. Notable recent examples include the response to the Colonial Pipeline cyberattack and the elimination of Ayman al-Zawahri, the last remaining 9/11 architect, through a drone strike in Kabul in 2022.
Amid a congressional stalemate , the U.S. intelligence community is straining to spotlight the critical nature of Section 702 of the Foreign Intelligence Surveillance Act without providing so much public detail that its targets adapt — while also fighting widespread misunderstandings about the law within Congress.
'In trying to describe the value, you also provide to your adversary, whoever they are, a sense of how you’re using the authority,' Christine Abizaid, director of the National Counterterrorism Center told FOX in an exclusive interview. 'That’s why it’s so painful to get meaningful examples from us.' Section 702 allows warrantless surveillance of foreigners outside the U.S. — people who are not protected by the Fourth Amendment. American citizens and people within the United States cannot be targeted under the authority, but if they happen to be on the other end of talks with a known foreign terrorist target, their electronic communications may be swept up. However, to take further investigative steps against a U.S. person requires a warrant under existing law. The contentious spy authority is credited with foiling multiple terror plots on U.S. soil, mitigating cyberattacks on critical U.S. infrastructure, and stopping weapons of mass destruction from reaching foreign actors. Recent examples include the response to the 2021 Colonial Pipeline cyberattack and the 2022 Kabul drone strike which killed the last remaining 9/11 architect, Ayman al-Zawahr
U.S. Intelligence Section 702 Foreign Intelligence Surveillance Act Congressional Stalemate Warrantless Surveillance American Citizens Electronic Communications Terror Plots Cyberattacks Weapons Of Mass Destruction Colonial Pipeline Cyberattack Ayman Al-Zawahri Kabul Drone Strike
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