“In short, ‘upstream’ capabilities are tapping the backbone itself, via the willing assistance of the telcos (who still have remained mostly silent on all of this) as opposed to ‘downstream’ collection, which requires going to the internet companies directly. The internet companies have been much more resistant to government attempts to get access to their accounts. And thus, it’s a big question as to what exactly the NSA can collect via its taps on the internet backbone. However, as Kevin Bankston notes, during Thursday’s Senate Intelligence Committee hearing, Dianne Feinstein more or less admitted that they get emails via ‘upstream’ collection methods.”
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