The Biden Administration has asked a court, rather than Congress, to renew controversial warrantless surveillance powers used by American intelligence and due to expire within weeks. It’s a move that is either business as usual or an end-run around spying reforms, depending on who in Washington you believe.

Both may be true.

US Senator Ron Wyden (D-OR) railed at the US Department of Justice’s decision to seek a year-long extension of Section 702 of the Foreign Intelligence Surveillance Act, which is set to end in mid-April unless Congress reauthorizes it.

Wyden and other lawmakers have proposed alternative legislation that would allow Section 702 surveillance to continue albeit with strict limits on the government’s ability to spy on Americans without first obtaining a warrant. That prosecutors, under the direction of the White House, have gone to court to renew the FISA powers without Congress having a chance yet to fully consider Wyden et al’s alternatives has left the senator fuming.

“We agree with Senator Wyden. It’s cynical move that’s disrespectful of the role of Congress when it comes to reauthorization,” Kia Hamadanchy, senior policy counsel at the ACLU, told The Register.

“It’s utterly ridiculous for the administration to make such a blatant end-run around Congress to reauthorize this often-abused, unconstitutional warrantless surveillance of Americans,” [EFF Legal Fellow] Gilligan told The Register. “Congress must significantly reform the law, or it must sunset — those are the only two options to protect Americans’ rights.”