The fundamental issue went deeper than the improper preservation request, however, and struck at the heart of the SCA. If the government had to get warrants to open a suspect's postal mail or to search his home, why didn't the government need a warrant to seize e-mail stored on a third-party server? Wasn't this an "unreasonable search and seizure" under the Fourth Amendment?
In July 2017, the 55-year-old decorator, from London, became one of a growing number of British men to have a surgical penis enlargement. Talk of enhancement was once the preserve of promotional spam mail for bizarre-looking pills and pumps; now, it is serious clinical business. British clinics, which have taken consultancy rooms in Harley Street and in UK cities including Manchester, Sheffield, Birmingham and Leeds, report record numbers of patients calling on their services. One practice, the London Centre for Aesthetic Surgery, has gone from performing a handful of penis procedures annually when it opened in 1990 to more than 250 in 2017. Between 2013 and 2017, members of the International Society of Aesthetic Plastic Surgery carried out 45,604 penis enhancements worldwide. Previous numbers are unknown; the procedure was considered such a minority concern that it wasn’t included in surveys. This increase in demand seemingly caters to a growing anxiety about penis size, but it is by no means a risk-free procedure. For Alistair, dreams of a larger penis were overtaken by infections, lumps and an erection that no longer rises above a 45-degree angle. And he is not alone. In recent years, the General Medical Council has recorded stories of “wonky penises” and erectile dysfunction following surgery. In Stockholm, last summer, a 30-year-old man died after suffering a cardiac arrest following an operation to enlarge his penis.
O’Connor says he had no concerns beforehand (“My main worry was having the anaesthetic – I’m scared of needles”) and no regrets afterwards. The pain was manageable and there were no complications. He views the procedure as akin to working out. “I’m not obsessed by my body – I have too many other things going on in my life,” O’Connor says. “But I’m proud of it and I like that it’s in good shape – every part of it.”
In the real world, Enzyte proved a massive hit with late-night TV watchers and men's-magazine readers. At the Enzyte launch in 2001, Berkeley Nutraceuticals employed some 15 people, mostly friends and family of Steven Warshak; Warshak's septuagenarian mother Harriet even helped out in the business. By 2004, Berkeley had grown to 1,500 employees and ran a twenty-four-hour call center to process orders. That year, it sold $250 million of supplements — most of it Enzyte.
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The Stored Communications Act (SCA) covers situations like this one in which user data is held by a third-party service like NuVox or Google or Yahoo and is stored on that company's servers, and it makes that data fairly simple to get. Full warrants are often not required, in part because such surveillance is "retrospective;" the government gets access only to messages already stored on the server by a suspect. Even the name of the act makes this distinction clear—it was meant to cover "stored" material.
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