Warshak appealed his 2008 conviction to the Sixth Circuit Court of Appeals, saying that "the issue of whether the government's secret ex parte [one-sided] acquisition of private e-mails without the consent of either the sender or recipient, without a showing of probable cause, without a warrant, and without limits on the scope of the privacy invasion authorized is one of grave importance in an age where e-mail communications have largely replaced letters as the universal means of written communication and have made substantial inroads on the use of the telephone."
But when the Supreme Court took the case, it gutted this logic. "The Fourth Amendment protects people, not places," wrote Justice Potter Stewart for the majority. "What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected." He went on: "No less than an individual in a business office, in a friend's apartment, or in a taxicab, a person in a telephone booth may rely upon the protection of the Fourth Amendment. One who occupies it, shuts the door behind him, and pays the toll that permits him to place a call is surely entitled to assume that the words he utters into the mouthpiece will not be broadcast to the world. To read the Constitution more narrowly is to ignore the vital role that the public telephone has come to play in private communication."
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Thomas Modecai, 37, a teacher from Crewe, has struggled with the size of his penis for most of his life. “When I was 14, I shot up to 6ft but my penis stayed the same,” he says. “I felt like a man with a child’s penis. And it’s affected everything: my relationships, my confidence, even my desire to have children. I worried they might have the same issue.”
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Berkeley went frantic in its attempt to keep the chargeback ratio low. The company "double-dinged" on charges, splitting transactions into two parts (one for the product, one for shipping), billing each separately. By 2003, it was triple-dinging charges to make the volume of "good" transactions appear higher. If Berkeley thought its chargeback ratio was too poor in any given month, employees would bill Warshak's personal credit cards with a host of one-dollar transactions until his card limits were reached; Warshak would then be reimbursed by the company.
A three-judge panel of Sixth Circuit appellate judges took up the question in a lengthy opinion handed down on December 14, 2010. To address the Fourth Amendment issue, the judges first had to decide if taking the e-mails from NuVox constituted a "search" at all—with "search" in this case defined as the government infringing upon "an expectation of privacy" that "society is prepared to consider reasonable."
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