It takes sense in context. The court accepted that the NSA has some upstream capability, but says there is no proof that it happens everywhere. Wikileaks says i

It takes sense in context. The court accepted that the NSA has some upstream capability, but says there is no proof that it happens everywhere. Wikileaks says it is so large that it almost definitely gets caught up. The judge didn't accept that argument. The sum up the holding of the judge, Wikipedia has no evidence to show that the NSA is actually spying on their data transfers beyond mere speculation.