Charles:

The EO could be superseded by statute or by another EO, which doesn’t require Congressional approval.

The Board found that based on current circumstances it’s time to update the EO, but even then it doesn’t necessarily mean what the Guardian wants it to mean.

The EO sets out what the intel community can and can’t do. It spells out the need to adhere to the Constitution and federal law. The updates would seem to take into account the pervasiveness of cell phones, wireless communications, and ease with which people can communicate around the world (Skype, IMs, etc.)

If anything, the next EO would be more open ended to allow the intel communities to search communications regardless of the technology involved, within the constraints of the Constitution and the need for warrants/subpoenas for US citizens and individuals located within the US. It would likely further straighten out some of the issues raised by the FISC.