Since water-boarding is a simulated drowning where water enters the lungs of a detainee, Mike McConnell would deem that to be torture. In an interview with the New York, he said that there would be a hefty penalty for those using water-boarding if is ever determined to be torture.
However, the US Attorney General has not yet ruled on whether the method is torture or not.
Michael Mukasey said that water-boarding was repugnant and that he would institute a review during his confirmation hearing by the Senate.
The House of Representatives approved a bill in December that would ban the CIA from using water-boarding and other harsh interrogation tactics. However, George W. Bush had threatened to veto the bill.
The bill would require the agency to follow the rules adopted by the US Army and abide by the Geneva Conventions, if the Senate passes it.
Still, the US Director of National Intelligence would call it torture if used against him.