USCA Case #14-5004 Document #1570210 Filed: 08/28/2015 3 service providers to produce all business records created by them (known as call detail records) that contain information about communications between telephone numbers” (emphasis added)). I note the Second Circuit’s observation that the government had not “seriously” disputed the contention that “all significant service providers” were subject to the bulk collection program. ACLU, 785 F.3d at 797. But in that case the government said, “Various details of the program remain classified, precluding further explanation here of its scope,” and went on to insist that “the record does not support the conclusion that the program collects ‘virtually all telephony metadata’ about telephone calls made or received in the United States. Nor is that conclusion correct.” See Appellees’ Br. at 7, ACLU v. Clapper, No. 14-42 (2d Cir. filed Apr. 10, 2014) (citations omitted). Thus the government’s assertions in the two cases are parallel. Of course the Second Circuit’s comment was irrelevant to its conclusion, as the plaintiffs in that case were not subscribers of Verizon Wireless but of Verizon Business, whose data the government acknowledged collecting. See ACLU, 785 F.3d at 801. It appears true, as plaintiffs and the district court suggest, that the effectiveness of the program expands with its coverage; every number that goes uncollected reduces the utility of the government’s “two-hop” querying. Indeed, it may well be that a reduction in coverage of, say, 50% would diminish the effectiveness of the program by far more than that proportion. Yet, in the face of the government’s representations that it has never collected “all, or even virtually all” call records, I find plaintiffs’ claimed inference inadequate to demonstrate a “substantial likelihood” of injury. Clapper v. Amnesty International, 133 S. Ct. 1138 (2013), represents the Supreme Court’s most recent Page 13 of 21