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The story since last time:
The EU asked the UK Government why it hadn't yet investigated the BT 2007 summer Phorm trials without the explicit permission required by RIPA.
http://www.theregister.co.uk/2008/09/16/phorm_eu_berr/
The Government eventually did manage to muster a response, and the Police began investigating.
Unfortunately, the Police have decided that it would be a waste of public money to investigate, because "It is also believed that there would have been a level of implied consent from BT's customers in relation to the tests, as the aim was to enhance their products."
Never mind that the law actually requires explicit consent and not implied consent or pretend consent, but specific consent between all parties.
http://www.theregister.co.uk/2008/09/22 … lice_drop/
Multiplying costs and response-time of DNA records by including 60 million non-criminals: Worth the money.
Billions spent on ID+database system that won't stop the influx of religious fundie nonsense: Worth the money.
Investigating at least 18,000 demonstrably illegal acts by a major telecommunication company: Not worth the money.
Can someone explain this to me, please?
Last edited by alphatwin (22-09-2008 17:53:18)
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BT hinted about the possibility of donation to party funds?
= 
Every copper I ever knew was most notable for being too lazy to actually become a criminal despite all the tendencies being in place.
Compare this with the American FCC's actions regarding ISP's using traffic management even though Comcast are wriggling at least they are trying to defend the customers rights.
Silkie
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"It is also believed that there would have been a level of implied consent from BT's customers in relation to the tests, as the aim was to enhance their products."
How could there have been 'any' implied consent, you would have to have been aware of it first. You can't consent in any form about something you know nothing about.

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Bengie wrote:
"It is also believed that there would have been a level of implied consent from BT's customers in relation to the tests, as the aim was to enhance their products."
How could there have been 'any' implied consent, you would have to have been aware of it first. You can't consent in any form about something you know nothing about.
Logically, I would have to agree to you.
I think what they meant was 'presumed consent', given their justification is that 'spying on people' is equivalent to 'enhancement of their service'.
Of course, none of this is relevant, since (a) it's not only the data of the BT users who got spied on, but also emails sent to them, forum posts they viewed etc, the majority of which was not written by those BT users profiled, or in fact BT users at all, and (b) the law requires explicit consent between all parties, including the user being profiled, the owners of the data being profiled, the owners of the website/service hosting the data etc.
Presumably it's okay to break the law now, because (a) all you have to do is presume that the victim would allow it, and (b) it's okay to presume that the law allows you to presume that it's okay.
Last edited by alphatwin (25-09-2008 16:41:55)
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Well any office of this current government could hardly be too harsh on spying on people without listeners breaking down into fits of derisive laughter.
I note the proposed takeover of our nuclear power industry by the French (who stole it from us originally) so maybe in a few years their telecommunications industry will shove ours out.
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Silkie341 wrote:
Well any office of this current government could hardly be too harsh on spying on people without listeners breaking down into fits of derisive laughter.
I note the proposed takeover of our nuclear power industry by the French (who stole it from us originally) so maybe in a few years their telecommunications industry will shove ours out.
I accidentally heard a news broadcast about that yesterday afternoon. Guess who was there in the name of balance? Some fool claiming that 'Nukular' power is dangerous and unsustainable and 'only electricity and not heat', and that the UK could be entirely dependant on nothing but renewable wind, tidal and hydro.
Never mind that nuclear fission is less dangerous than living under 30 feet of water and 'unsustainable' in the way that power for 60,000 years is unsustainable, and that it won't come from Saudi Arabia, and 'electricity is not heat' is wrong on too many levels for me to bother listing.
Never mind that relying entirely on wind/tidal and hydro would require destroying all natural habitat in the UK in favour of a huge concrete accumulator and we therefore needs to import all foods because there's no room for fields and an ecosystem.
I get the desire for 'green'; ostensibly I'm an environmentalist myself and have done a reasonable amount of conservation work and been out saving the whales and suchlike, but it has to actually work. You can't just scream OMG NUKULAR NO and expect to do any good.
I'd also just like to point out that a major export France has is electricity. It has so much power that it's basically independent from Saudi oil and can afford to sell electricity to the rest of Europe. As I understand they have some problems with creationism and religion, but mostly those people have a system that is working.
As far as the Government goes, I have heard conspiracy theories suggesting that the Government itself is getting a backdoor in Phorm to spy on people. It sounds ridiculous until you listen to anything the Government has said in the past ten years, or listened to Jacqui Smith, or heard about the DNA database, or heard about the planned ID + Database, or listened to the Government talk about how the system is now too expensive to dismantle and so no-one should try.
Regardless, we now have a Government and Police force who are refusing to prosecute or investigate several thousand illegal acts. I'm really hoping the EU manages to do more than bark.
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It's always been a huge source of sick humour to me how after so many years of Labour activists whining about the evil oppressive Tories the moment they gain power they prove to be the ones in favour of the removal of just about every personal freedom going. Small wonder people are so keen to relocate to Australia, New Zealand & Canada but there is one conciliation. No system as repeatedly incompetent, cowardly and inefficient would stand up to any concerted effort to remove them from office. Hell give me a 100,000 chavs to lead into battle and I could drive every copper into the sea in a single week drowning them like rats as they learn fat doesn't float as well as you think. I mean they seem terrified of half a dozen and we already see 14 year olds chasing off the police if they try to hand out on the spot litter fines. Give me the time to drill them on a few basic maneuvers and some makeshift spears or pikes and Comrade Gordon would be high tailing it to America to see if he stay in exile with Tonykins. Or maybe I've just been playing too much Age of Empires?
Actually do you think Scotland will be willing to accept English immigrants? I mean their government already looks better than ours and it's a fairly sparsly populated country.
Silkie
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What stands head and shoulders above all about this government is their lies. They have been caught out with a string of them, and never an apology to try and hide those lies behind an error in the statements that made them.
The latest lie was the announcement that
"All lower income and all pensioner households will be eligible for free loft and cavity wall insulation and other energy saving measures that could save them up to £300 a year in their energy bills."
It actually turns out that it will only apply to those over 70 years of age.
The shadow business secretary said
People might wonder whether the prime minister made a big mistake or whether he was deliberately trying to mislead people
I could have accepted that it was a mistake until
Environment Secretary Hilary Benn said the offer "was very, very clear".
So in other words, it was deliberate lies.
Last edited by Bengie (25-09-2008 19:56:09)

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http://www.theregister.co.uk/2008/09/24 … ensorship/
Now the Government and Police's response to Phorm makes perfect sense.
Because, when a 'young person' is in a state desperate enough to be influenced by a 'suicide site', clearly the problem is with that site, and not the causes of the state which leads them to be so desperate.
Because living in a country where the apparent majority of the adult population hate and fear you, the government wants to implant ID chips into you and record your every movement, where you're not allowed to go outside during curfew, where the police can demand to see your papers at any time, and where your imminently about to start paying taxes to start illegal wars is just dandy, as long as you don't see those nasty suicide sites.
Because the above all makes sense, and it's totally not actually about censoring foreign news sites and political activism like Finland did in the name of protecting children.
http://www.theregister.co.uk/2008/02/18 … _activist/
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http://www.theregister.co.uk/2008/09/29 … _trial_go/
The next BT Phorm Trial starts tomorrow, apparently.
It reads like this to me: Users selected for the trial will get a pop-up asking them if they want to join the Phorm Webwise trial every time they try to connect to anything from a browser on port 80 until they accept a Phorm Webwise cookie, either giving them a userID or an 'opt out' ID.
This implies that they are indeed going to be packet sniffing your connection anyway to check your cookies, whether you're opted in or out or have their webwise filth blocked, because that's how they determine if you're opted in or out.
I don't see how this is going to gather explicit permission for the interception of data posted by those not in the trial (users of other ISPs posting emails, forums posts, IM etc) either, so I guess it's still illegal, not that that seems to matter anymore.
The switch strips the Phorm Webwise cookie from the connection if it comes on port 80, mind, so just checking for Phorm Cookies won't get you anywhere unless you try it on another port (like using SSL to check what cookies the client sends when requesting stuff from your domain, I suppose). Although I suppose that relies on Phorm being honest about what their switches are doing and when they're doing it, because neither the customer nor anyone other than Phorm/BT have any way of telling.
Is it okay if I say NO EXPLICIT CONSENT IS GIVEN FOR INTERCEPTION OF THIS MESSAGE?
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So, now that the Phorm trial is up and running, the T&C for BT users has changed a little:
http://www2.bt.com/static/i/btretail/webwise/terms.html
http://www.theregister.co.uk/2008/10/03/phorm_tandc/
BT wrote:
If you or another user of the BT WebWise service switches the BT WebWise service off, you consent, and you agree to ensure that each user of the BT Webwise service consents to us carrying the technical operations necessary to prevent the BT WebWise service being provided to you or the other user of your broadband service.
These technical operations include, but are not limited to, diverting your (or the other user's) requests for web pages for a very short time in order to manage the BT WebWise service, as well as the operations described at www.bt.com/webwise that are necessary to provide you with relevant advertising. These may include the automatic scanning of web pages and web requests. If you or another user of the BT WebWise service switches the BT WebWise service off, you consent, and you agree to ensure that each user of the BT Webwise service consents to us carrying the technical operations necessary to prevent the BT WebWise service being provided to you or the other user of your broadband service.
So. If you refuse to participate in the trial by refusing to allow them to monitor your connection, you automatically consent to allow them to carry out 'technical operations'. These technical operations involve monitoring your connection.
And, if anyone else switches Phorm Webwise off, it is your responsibility to inform that that that means that it can actually be on anyway.
tl:dr; If you switch Phorm off, they monitor you anyway to DPI you for cookies (we've known this for a while now), but also reserve the right to keep Phorm running anyway.
Also, BT refuses to take legal responsibility for anything that comes of them profiling your connection. So if, for example, you browse to a website with data you don't own and BT use that to profit, you're to blame legally, not them.
Because clearly this kind of catch-all is required for a service that is definitely legal, right?
Last edited by alphatwin (04-10-2008 14:02:41)
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It's good to talk... just not about Phorm.
http://www.theregister.co.uk/2008/11/19 … rm_censor/
BT has started deleting all Phorm and BT Webwise discussion on their user forums.
The old 'customer choice' page now 404's http://www2.bt.com/static/i/btretail/we … mer-choice cache
Censoring info so the class-action lawsuits have less open info to research? Stupid enough to think that people will forget this terrible idea ever happened? Or just dumping Phorm entirely?
Annoyingly, Phorm still haven't quite gone bankrupt yet.
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LONDON (Thomson Financial) - Phorm Inc. reported a wider first-half pretax loss but said it remains optimistic about future prospects and is well positioned to take advantage of the significant market opportunity open to it.
The advertising technology company posted a wider pretax loss for the six months to end-June of $24.7 million compared with $16.3 million a year ago.
Photm said the upcoming period is critical as it seeks to transition from the development phase into the deployment and operational phase, and added its absolute priority is to work with UK internet service providers (ISPs) to ensure their trials and rollout are successful.
Phorm said on Sept. 29 its internet service provider partner, BT Group, will commence its trial of Phorm's platform, branded "BT Webwise", from Tuesday. After the successful completion of these trials and an appropriate planning period, it is currently expected that Phorm's platform will be rolled out across BT's network, the company had said.
The company also said it expects Virgin Media and TalkTalk to commence their consumer trials in due course.
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Blindly optimistic. Why would should a despised service be rolled out when the chances of BT and VM actually getting any money off it due to impending bankruptcy are minimal? Better companies with real business models are going down the tubes during the current recession so how could this bunch of cowboys last much longer.
If BT and VM want services to make money then this isn't it and they should try something more reputable like legal online music or movie distribution.
Censorship can sometimes be a good thing on forums as since this one installed the anti hamster posting filter you haven't been plagued by Betrondes evil. Still after he butted several 'gangsta' types unconscious and stole their SUV keys I haven't seen the little git. Mind you there have been those off licence ram raids of late....
Silkie
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You have to wonder how they can loose so much money in six months 
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TazUk wrote:
You have to wonder how they can loose so much money in six months
The most expensive 'How the internet works: for Investors' course in the world.
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I have just seen on the news that Europe is taking action against the U.K. over Phorm.
Funny how when they do something you don't like it's "Bloody Europe" but when it is something you do like it's "Thank goodness for Europe".

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In a move that will cause literally several people to lose sleep, Phorm shares have dropped more than 40% after BT said "Nah!". 
http://news.bbc.co.uk/1/hi/technology/8135850.stm
(or http://news.bbc.co.uk/2/low/technology/8135850.stm)
It's not all good news though, as BT spokesdroid Mike Jarvis said:
"[Our decision has] nothing to do with cost or privacy, it's about resources and priority," he added.
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BT are the biggest PITA when it comes to unsolicited calls and mail, why would they care about privacy? 
People don't like adverts. It's not complicated. TV advertising started to die the day that remote controls came with mute buttons and web advertising when it became so obnoxious that the popup blocker became a standard for browsers.
As for Phorm, hurry up and die already! 
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Has anyone actually implemented phorm? if they haven't then I'm sure the money their investors put up will run out.
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In addition to making excellent progress in South Korea, we are engaged in more than 15 markets worldwide including advanced negotiations with several major ISPs
Translation 'we got nothing' or of course they would actually drop a name or two.
Special message for Steven Heyer their chief executive.
http://www.youtube.com/watch?v=VDW0ZnZx … re=related
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TalkTalk have now dropped Phorm, more rats leaving the sinking ship 
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http://www.ft.com/cms/s/439bc290-a6ce-1 … ck_check=1
Possible good news as they scurry off these shores for at least the time being.
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Phorm, the advertising technology group, has put its plans for the UK on hold as it explores new markets, particularly in Asia.
In other words no one in the UK wanted to use their product so they are forced to look elsewhere 
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More on this fiasco:
"The UK government today came a step closer to international embarrassment over its failure to act against BT and Phorm for their secret trials of mass internet snooping technology.
The European Commission said it had moved to the second stage of infringement proceedings after the trials, revealed by The Register, exposed failings in the UK's implementation of privacy laws"
This government never does anything 'now'.
The last sentence reads
"We are considering the Commission's letter and will respond in due course."
http://www.theregister.co.uk/2009/10/29/eu_phorm/
Last edited by Bengie (30-10-2009 06:18:35)

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