. >> catherine dorsey on behalf of the defendants. the first thing i want to address your honors is that this is not a dragnet program, on the upstream is not a dragnet program even according to the allegations obtained in the plaintiffs complaints which is incorporated in their complaint. the upstream program is a targeted program that is designed to collect foreign intelligence information from non-us persons located abroad. and to collect those textbased communications transiting the internet backbone. >> i take at your word, but in order to get that information you have to look at a lot of other things that you can conclude ultimately are not your target. >> your honor, what what the plaintiffs assume in order to accomplish that is speculation in the same thing. an essay must be collecting absolutely everything. there allegations assume that the only way that an essay can successfully accomplish the program and to collect that is to collect everything and sift through. that is pierce speculation. there is nothing in the allegation