“Under this program, the NSA systematically searches the contents of internet traffic entering and leaving the United States, including Americans’ private emails, messages, and web communications.”
The Fourth Circuit tossed the case on “state secrets,” and the Supreme Court declined to look. So the government can admit Upstream exists in public and still claim it is too secret to challenge in court. Wikimedia’s lawsuit is over, and its plan B is asking Congress nicely during the Section 702 reauthorization. When the courts won’t hear it, mass surveillance becomes a lobbying problem.