Apparently realizing that the auto-ship program might attract unwanted attention, Berkeley began making disclosures during the initial customer phone call — but only after the order had been placed. The disclosure immediately followed the line, "This product is not a contraceptive nor will it prevent any sexual disease." Teegarden admitted that this placement was deliberate. The company believed that "if we started off with a statement about a contraceptive, something other than what it was, that people wouldn't really listen to what we were disclosing to them," he testified.


Alistair took out a £5,000 loan to add to £3,000 of savings, and paid to go under the knife. (Surgery is difficult to obtain on the NHS, though it can be offered for psychological reasons, or to correct a true micropenis.) “It was the worst thing I’ve ever done,” he says. “The pain afterwards… I couldn’t sit, I couldn’t stand. It was beyond anything they told me to expect. The wound got infected, and when they gave me antibiotics, it kept seeping pus. The scarring has barely faded even now.” He says the fat injection became lumpy, while his erection no longer stands straight. “It just doesn’t look right. It’s deformed.”

Lawyers at the Electronic Frontier Foundation were jubilant. "Today's decision is the only federal appellate decision currently on the books that squarely rules on this critically important privacy issue," wrote EFF lawyer Kevin Bankston. "When the government secretly demands someone's e-mail without probable cause, the e-mail provider can confidently say: 'Come back with a warrant.'"


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