The resistance to refunds reached comic extremes. The dry description of Sixth Circuit Appeals Court Judge Danny Boggs illustrated the lengths to which Berkeley would go to avoid returning cash: "At one point, Enzyte customers seeking a refund were told they needed to obtain a notarized document indicating that they had experienced 'no size increase.' The admittedly ingenious idea behind the policy was that nobody 'would actually go and have anything notarized that said that they had a small penis.'
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He married, had children and learned to live with his unease. Then, four years ago, after separating from his wife, he asked a new partner how he measured up to her ex-husband. “It was a stupid question,” Alistair admits. “It’s pathetic that I cared at my age – but I did. To start with she told me it was fine, but I kept pushing and, eventually, she just told me: his was bigger.”
But as the telephone became ubiquitous, the Olmstead ruling became more difficult to defend. US law had protected the security and privacy of the postal service since the republic's early days, but the police were now free to listen to anyone, anywhere, so long as they resorted to an outside-the-home phone tap. Could it really be the case that the privacy of a conversation depended solely on the medium used to hold it?
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