(3) the intentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are located within the United States; or ..."This appears to mean that if ONE party is NOT INSIDE THE USE, that then the call CAN BE LEGALLY INTERCEPTED .
Since Bush ordered INTERNATIONAL calls between al Qaeda and their affiliates to be intercepted, FISA does NOT apply. YES: NSA and the US Armed Forces are ABSOLUTELY FREE to collect all the intel they need OVERSEAS by any means they deem necessary - WITHOUT a court order. And FISA seems to also allow similar freedom as it relates to intercepts of INTERNATIONAL calls, too.
NOTE: this definition says "RADIO COMMUNICATION" - and I am assuming that the NSA intercepts were done of the cellphones' signals as they were transmitted as RADIO SIGNALS; (cellphones send radiowaves/microwaves).
But perhaps this is why the MSM and the Dem/Left keeps referring to the intercepts as "wiretaps" - they don't want this section of FISA to apply.
UPDATE (file this under "blowin' yer own horn!"): I first blogged on this clause on WEDNESDAY AT 5:21PM, HERE. (This is a few hours after John at POWERLINE mentioned it in passing in his long and brilliant essay, "ON THE LEAGLITY OF..."; though I hadn't read POWERLINE at that time I posted). I thought this clause was so important I posted on it again today (above). NOW... POWERLINE has published an email from a lawyer who has worked these issues for the feds, and he makes the SAME EXACT POINT I DID: 1801 (f) (3) means that FISA does NOT apply. Which means that I got it right - and FIRST. (An' I ain't a lawyer, even!)