Intel community scrambling to defend contentious spy tool as lawmakers decry 'mass surveillance'

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

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.  Jacqui Heinrich currently serves as a White House correspondent for FOX News Channel (FNC). She joined the network in September 2018 and is based out of Washington D.C.

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-Zawahri.