Define "tapping".
Is that when someone "listens" to your conversations? When they monitor your outbound calls to another known al Qaeda number?
Is that when someone "listens" to your conversations? When they monitor your outbound calls to another known al Qaeda number?
I think the issue is obtaining the contents of communications. In the circumstances we are in, review of contents would seem to be of equal interest on both parties in the communications. That is, all of my outbound calls should be monitored, not just the ones to Al Qaeda, if I am implicated in a terrorist network, and regardless of my citizenship.
The administration holds, I think, that it is reasonable to undertake this interception of contents without obtaining a warrant.
If they're lawfully listening to an Al Qaeda member, and he happens to be talking to you, then it's not a violation of your rights, even though you aren't a target and they have no warrant to listen to you personally.
If they next say, "Aha, let's find out what this other guy is up to as well," and they start listening to all of your conversations, without first procuring a warrant to do so, then they've crossed the line.
The definition of tapping itself is irrelevant--whether they use a physical tap on your physical phone line, or an electronic ear, or a bug, or a laser pointed at your window, doesn't matter. What matters is whether they're hearing you as an incident to listening lawfully to someone, or whether they've decided to listen unlawfully to you personally.
Does that help clear it up?