The government obtained convictions, but the case was appealed to the Ninth Circuit in San Francisco and then to the Supreme Court in Washington, DC. Olmstead's key contention was that his Fourth Amendment rights had been violated by the warrantless wiretaps. The government argued, however, that its phone taps had occurred outside Olmstead's office building; therefore, it had not "searched" his person, property, or possessions. No warrant was needed.
The FBI and the Federal Trade Commission both began sniffing around Berkeley and soon unearthed a set of shocking corporate practices. In 2001 and 2002, Berkeley customers were "were simply added to the [auto-ship] program at the time of the initial sale without any indication that they would be on the hook for additional charges," wrote one federal judge, summing up the evidence amassed against Warshak and his firm.
William O’Connor, a 38-year-old mechanic from Northampton, is one of his satisfied customers – and it’s easy to understand why. Think of a large can of aerosol deodorant and you have, roughly enough, his new dimensions. “There was one woman who took one look at it and just went, ‘That thing is coming nowhere near me,’” he says. “But mostly it goes down very well. I’ve seen a lot of eyes light up.”
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."
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