I'm not sure if I understand what you're getting at. This is what I was referring to and what I believe Rachel Maddow was referring to:
It is important here to recall that there is actually an amendment to FISA that is at least arguably justifiable. Even the original FISA law never required warrants in order to eavesdrop on (a) foreign-to-foreign calls or (b) calls involving a U.S. citizen where the target was a non-citizen outside the U.S. (who just happened to call into the U.S.). But recently, technological developments resulted in such calls, even foreign-foreign calls, being routed through the U.S. via fiber optics, and a FISA court ruled this year that the language of FISA requires warrants for such calls.
Even civil libertarian stalwarts such as Russ Feingold agree that it was never the intent of FISA to require warrants for those categories of calls and that amending FISA strictly to fix that problem is justifiable.
http://www.salon.com/opinion/greenwald/2007/10/09/fisa/
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