Intercept legislation that applies to makers of non-interconnected (i.e., doesn't touch the PSTN) chat functions is extremely unlikely. I'm guessing whisper falls into that category.
I use Silent Circle myself, but I assume on Whisper you can't just type in a normal mobile number and have the chat message go to the right person. If you can, then those chats at least are subject to intercept, and maybe the other chats (whisper-whisper chats) are too. I don't remember how all those rules shake out/how courts have decided.
Upon compiling TextSecure from source and installing it on my phone (I don't have the play store), I've discovered it requires the Play Store to do the "iMessage" style messaging over data. I guess the encryption is still done on-phone before being sent through whatever data API, but I still wonder if that (the play store being installed) might enable key-sniffing? Perhaps that's somewhat negated by users having a strong passphrase though?