USCA Case #14-5004 Document #1570210 Filed: 08/28/2015 2 call records are indeed among those collected as part of the telephone metadata program”). Plaintiffs’ contention that the government is collecting data from Verizon Wireless (a contention that the government neither confirms nor denies, Gov’t’s Br. at 38-39), depends entirely on an inference from the existence of the bulk collection program itself. Such a program would be ineffective, they say, unless the government were collecting metadata from every large carrier such as Verizon Wireless; ergo it must be collecting such data. Appellee’s Br. 27-28. This inference was also the district judge’s sole basis for finding standing. Klayman v. Obama, 957 F. Supp. 2d 1, 27 & n.36 (2013). Yet the government has consistently maintained that its collection “never encompassed all, or even virtually all, call records and does not do so today.” Gov’t’s Br. at 39; Decl. of Teresa Shea, NSA Signals Intelligence Director at ¶ 8, Addendum to Gov’t’s Br. at 101 (similar). While one district judge has claimed that “the Government acknowledged that since May 2006, it has collected this information for substantially every telephone call in the United States,” neither of his sources—an Administration “White Paper” and a declaration by an NSA official—actually supports the claim. ACLU v. Clapper, 959 F. Supp. 2d 724, 735 (S.D.N.Y. 2013), vacated and remanded, 785 F.3d 787 (2d Cir. 2015); see Administration White Paper, Bulk Collection of Telephony Metadata Under Section 215 of the USA Patriot Act at 3 (Aug. 9, 2013) (“FBI obtains orders from the FISC directing certain telecommunications service providers to produce business records that contain information about communications between telephone numbers . . .” (emphasis added)); Decl. Teresa Shea ¶ 14, ACLU v. Clapper, 13-cv3994 (S.D.N.Y. Oct. 1, 2013), ECF No. 63 (“FBI obtains orders from the FISC directing certain telecommunications Page 12 of 21