There has been no offical confirmation anyhere that NSA was listening to the contents of anyone's communications in this particular operation.
I am of the opinion - nothing more - that they were capturing the connections between known and (previously) unknown individuals for the purpose of building a network diagram of al Qaeda operators and sympathizers, whether internationally or here in the US.
Also that FISA warrants were subsequently requested against individuals found to have any communication patterns of note.
This approach would be permissable under Jabara.
I am of the opinion - nothing more - that they were capturing the connections between known and (previously) unknown individuals for the purpose of building a network diagram of al Qaeda operators and sympathizers, whether internationally or here in the US.
You might be right, but that would be a darn weak protective/preventive measure.
As others have said, the only ralistic approach to communications is to assume that 100% of the contents can be and is intercepted - act accordingly and you'll be fine.