Actually your right Iron! Bush made it so in 2003!
The "Police State Enhancement Act" of 2003 expanded the definition of espionage or "enemy" activity to include otherwise lawful activity, as well as activity that knowingly or not assists a foreign "power." And that power, of course, can now be a "terrorist cell" or even an individual. From section 102: "Showing that the intelligence gathering violates the laws of the United States is both unnecessary and counterproductive." Especially since searching the Internet at your local library is not, as of yet, otherwise illegal.
I'm genuinely dumbfounded! I'm SO glad I'm not living in the US these days.