You are technically correct, which is the best kind of correct. On the other hand, the NSA has a secret court that, in secret, grants it warrants to wiretap anyone it wants. While that's a neat loophole, it should be closed. I don't think that dangling a carrot the size of a golden backdoor in front of the law enforcement and spy agencies will result in anything other than more rubberstamp courts and very questionable warrants.