Section 702 has supplied extraordinary insight into foreign dangers, including military threats, theft of American trade secrets, terrorism, hacking and fentanyl trafficking. In 2022 intelligence from 702 helped the government find and kill the Qaeda leader Ayman al-Zawahri, one of the terrorists responsible for Sept. 11. Almost 60 percent of the articles in the president’s daily intelligence briefing include information from Section 702.
Although Section 702 can be used only to target foreigners abroad, it does include Americans when they interact with foreign targets. Not only is such incidental collection inevitable in today’s globalized world; it can be vital to U.S. security. If a terrorist or spy abroad is communicating with someone here, our government must find out why.
Some of what is found via Section 702 is therefore sent from the National Security Agency to the F.B.I. The F.B.I., which investigates threats to national security in the United States, can then check that database for Americans under investigation for national security reasons.
Some of the bill’s critics argued that the F.B.I. should be required to obtain a warrant from a special FISA court before using the information collected under 702 when investigating Americans who may be involved in terrorism, espionage or other national security threats. But requiring such a warrant would have been unnecessary and unwise.
Getting a FISA court order is bureaucratically cumbersome and would slow down investigations — especially fast-moving cybercases, in which queries have proved especially useful. It would cause agents to miss important connections to national security threats. And because this information has already been lawfully collected and stored, its use in investigation doesn’t require a warrant under the Constitution.
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