As stated in my own post (above), it isn’t that this “prohibits the ability” to listen, but rather it stalls the ability by requiring a FISA court order. If the terrorist had listened to Rep. Boehner statement, they may have believed that they could talk “in the clear”, but they would be wrong.

Funny I recall reading about the FISA court stuff about a week earlier, at WSJ I think.

I even commented on 29 July, two days before Rep. Boehner, on a number of blogs that …
Currently, there are some FISA judges that consider any call that is routed through the US to be a “domestic” phone call, even if it is between two al Qeada members in the UK and Indonesia. So long as it passes through phone equipment in territorial USA, they consider it “domestic” and under the supervision of FISA.

Even AP seems to be spilling the beans on 30 July …
The new plan, offered late last week by Director of National Intelligence Mike McConnell, would change the Foreign Intelligence Surveillance Act to allow surveillance without a warrant of terror suspects who are overseas. The Bush administration believes the FISA court now must approve such spying because many conversations and contacts taking place overseas are routed through U.S.-based communication carriers, satellites or Internet providers.