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Skip to contentSkip to site index Search & Section Navigation Section Navigation SEARCH Politics SUBSCRIBE FOR $1/WEEKLog in Thursday, December 7, 2023 Today’s Paper SUBSCRIBE FOR $1/WEEK Politics|Warrantless Surveillance Can Continue Even if Law Expires, Officials Say https://www.nytimes.com/2017/12/06/us/politics/warrantless-surveillance-legislation-section-702.html * Share full article * * * 11 Advertisement SKIP ADVERTISEMENT Supported by SKIP ADVERTISEMENT WARRANTLESS SURVEILLANCE CAN CONTINUE EVEN IF LAW EXPIRES, OFFICIALS SAY * Share full article * * * 11 * Read in app Administration lawyers have concluded that the N.S.A. and the F.B.I. can lawfully keep operating the government’s warrantless surveillance program into April, even if Congress does not reauthorize it by an end-of-year deadline.Credit...Jim Lo Scalzo/European Pressphoto Agency By Charlie Savage * Dec. 6, 2017 WASHINGTON — The Trump administration has decided that the National Security Agency and the F.B.I. can lawfully keep operating their warrantless surveillance program even if Congress fails to extend the law authorizing it before an expiration date of New Year’s Eve, according to American officials. National security officials have implored Congress for the past year and a half to extend the legal basis for the program, Section 702 of the FISA Amendments Act, before it lapses at the end of the month. They portrayed such a bill as the “top legislative priority” for keeping the country safe. But with Congress focused on passing a major tax cut and divided over what changes, if any, to make to the surveillance program, lawmakers may miss that deadline. Hedging against that risk, executive branch lawyers have now concluded that the government could lawfully continue to spy under the program through late April without new legislation. Intelligence officials nonetheless remain intent on getting lawmakers to pass a durable extension of Section 702 by the end of the month — warning that even a stopgap short-term extension of several months, as some lawmakers have proposed, would risk throwing the program into a crisis in the spring. Subscribe to The Times to read as many articles as you like. Nicholas Fandos contributed reporting. Follow Charlie Savage on Twitter: @charlie_savage. A version of this article appears in print on Dec. 7, 2017, Section A, Page 21 of the New York edition with the headline: Secret Wiretaps, With or Without Congress’s Say-So. Order Reprints | Today’s Paper | Subscribe Read 11 Comments * Share full article * * * 11 * Read in app Advertisement SKIP ADVERTISEMENT COMMENTS 11 Warrantless Surveillance Can Continue Even if Law Expires, Officials SaySkip to Comments The comments section is closed. To submit a letter to the editor for publication, write to letters@nytimes.com. SITE INDEX SITE INFORMATION NAVIGATION * © 2023 The New York Times Company * NYTCo * Contact Us * Accessibility * Work with us * Advertise * T Brand Studio * Your Ad Choices * Privacy Policy * Terms of Service * Terms of Sale * Site Map * Canada * International * Help * Subscriptions Support independent journalism with a subscription. Already a subscriber? Log in. -------------------------------------------------------------------------------- Enjoy unlimited access to all of The Times. Includes news, games, recipes and more. Welcome offer $6.25 $1/week Billed as $4 every 4 weeks for your first 6 months. Cancel or pause anytime. PayPal OR Check out with card All Access includes news, plus Games, Cooking, Audio, Wirecutter and The Athletic. -------------------------------------------------------------------------------- Offer for a New York Times All Access subscription; current subscribers not eligible. Subscription excludes print edition. Some games may be available without a subscription. Your payment method will automatically be charged in advance the introductory rate of $4.00 every 4 weeks for 6 months, and after 6 months the standard rate of $25.00 every 4 weeks. Your subscription will continue until you cancel. Cancellation takes effect at the end of your current billing period. Taxes may apply. Offer terms are subject to change. -------------------------------------------------------------------------------- ©2023 The New York Times Company Help Feedback