Ok Madman - Anguish is not part of the definition fo torture, but agony is. The difference:
Agony is the intense pain of mind or body.
Anguish is extreme pain, distress, or anxiety

There is a difference. Lots of things can cause anxiety but not pain - like being fired and worrying how you are going to pay next months rent.

Being forced to listen to music you don't like is not torture. You may be anguished, but I doubt listening to a Jay-Z album would cause you angony.

Being forced to listen you do not like for 48 straight hours while being denied sleep, food or water is.

You say Waterboarding is ok on Foriegn terrorists or enemy combatants, but not on US citizens:

So what About John Wlaker Lindh? - US Citizen and member of Al Qaeda. Do we treat him as a citizen, as a foreign terrorist, or as an ememy combatant? And who gets to make that call?

Again, we are back to that ethical question...