E-mail is Protected from Unreasonable Search and Seizure, Circuit Rules
Court rules that e-mail stored with commercial Internet service providers (ISP) has Fourth Amendment protection and expectation of privacy.
March 31, 2011 at 08:00 PM
5 minute read
If nothing else, Steven Warshak ran a memorable ad campaign. His “Smiling Bob” commercials on late-night TV featured a normal-looking guy enjoying normal-guy activities such as barbecuing and swimming. The entire time, a large smile remained plastered across his face. The ads explained that Bob is happy because he takes Enzyte, a pill for “natural male enhancement.”
For several years, Warshak profitably sold Enzyte and other herbal supplements through his Cincinnati-based company, Berkeley Premium Nutraceuticals, but the whole operation turned out to be a massive fraud.
For one, the data and doctors cited to prove Enzyte's efficacy were entirely fictional. Berkeley employees made them up. Additionally, when customers provided credit card numbers for their initial purchases, the company automatically enrolled them in an “auto-ship” program. Through a variety of illicit strategies, the auto-ship plan made it difficult for customers to stop receiving (and paying for) more of the company's products.
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