"The need for both parties to consent to interception in order for it to be lawful is an extremely basic principle within the legislation [RIPA], and it cannot be lightly ignored or treated as a technicality," said Nicholas Bohm, general counsel at FIPR.
Richard Clayton, treasurer at FIPR, added: "The Phorm system is highly intrusive; it's like the Post Office opening all my letters to see what I'm interested in, merely so that I can be sent a better class of junk mail.
"Not surprisingly, when you look closely, this activity turns out to be illegal."
So, what's to be done?
Firstly, UK residents who find the prospect of this type of invasion of privacy unacceptable can sign a petition and say so. There are nearly 8,000 signatures already at the time of writing.
Secondly, if you are a customer of one of the ISPs planning to use Phorm and you are able and willing to switch to an ISP with some sense, then do so. If you can't switch then write to your ISP and complain.
Thirdly, there are some simple countermeasures which you can take though these will not prevent the harvesting of your information. They will simply prevent the cookie which associates it back with you and obviate the need for a blocking cookie. These are not solutions, but they afford a small measure of protection.
The latter is most easily done if you are an OpenDNS user by just adding webwise.net to your blocked domains list.
Otherwise you could add www.webwise.net to the local hosts file on all your computers with an address of 127.0.0.1. This, ironically, is somewhat like a pharming attack against Phorm.
Sometimes attack really is the best form of defence.
Category: Phorm
Technorati: OpenDNS RIPA Virgin+Media Phorm BT
1. Duffbert21/03/2008 03:50:31
Homepage: http://www.duffbert.com
As always, thanks for the great information (in a way we developer types can understand). :)
2. Phorm Comms Team25/03/2008 11:29:41
Homepage: http://www.phorm.com
Hi Chris
Thanks for raising these issues, especially concerning FIPR.
Phorm doesn't agree with FIPR's analysis. And its description of the Phorm system is inaccurate. Our technology complies with the Data Protection Act, RIPA and other applicable UK laws. We've sought our own legal opinions as well as consulted widely with experts such as Ernst & Young, 80/20 Strategic Thinking, the Home Office, Ofcom and the Information Commissioner's Office (ICO). We discussed our system with the ICO prior to launching it and continue to be in dialogue with the organisation.
You can ask questions about the system and get loads more information by visiting http://blog.webwise.com, www.webwise.com or www.phorm.com.
3. phormwatch03/04/2008 22:28:35
Homepage: http://phormwatch.blogspot.com/
The Phorm PR team - AKA as the Phorm 'Comm' team - have been posting cookie cutter responses all over the web to counter the negative publicity surrounding their spyware system.
If you Google for 'we don't agree with FIPR's analysis. And its description of the Phorm system is inaccurate.' for example, Google will return no less than three websites with the same text.
That text is just part of one of quite a few cookie cutter responses which don't actually address any issues, and are infact, sometimes outright misleading.
For example, Phorm claims that anyone can 'opt-out' of their system. In fact, users can only 'opt-out' of being served targetted ads. They cannot 'opt-out' of having their data pass through Phorm servers.
The RIPA act forbids the interception of electronic communications by a third party unless both parties consent. It is irrelevant whether the data is anonymised or processed in a way cannot individually identify users. RIPA makes no such provision for interception. Furthermore, who's legal opinion are you going to trust regarding privacy issues? FIPR or Phorm -- a company whose CEO formerly ran a spyware company?
Ernst & Young audited Phorm spyware technology to American, not UK, standards. Furthermore, this is the same auditing company which audited Enron's finances before the scandal and subsequent collapse of the company.
If you genuinely want more information about Phorm's OIX spyware technology, a good place to look is the Register. All you will find on webwise.com is Phorm PR.
4. Steve10/05/2008 14:47:43
Er... Hello Phorm Comms (PR) Team. You do spring up in the most unlikely of places LOL
Right, everyone reading this... Be aware that Kent Ertugrul (CEO of Phorm) is a plonker. Secondly, his Comms (cough... PR) Team are also not very clever people. They, the expert PR team, thought it would be ok to "edit out" true facts about Phorm on Wikipedia. This was spotted and changed back. The Phorm Comms (PR) Team admitted their very wrong act of trying to get rid of statements that were true about Phorm.
Now, of the 3 UK ISPs who Phorm claimed to have signed deals with, 1 quickly pulled out of the automatic "Opt In" which Phorm planned (that's Talk Talk/Carphone Warehouse). Another, Virgin Media, has recently announced, in a clarifying press release, that they are under no obligation to implement Phorm (but don't think that is the end of it with VM... we need to watch them).
The third ISP, BT, started a web forum for customers to ask questions. And they promised to give answers too. They did give answers, then they stopped giving answers! Then they closed the forum down. A new one was started. Naughty BT, they cannot silence the opposition to this.
Finally, and this is the juicy bit... BT ran a trial of Phorm technology in 2006, then another in 2007. Did they ask or tell their customers? No. They did it secretley.
What is Phorm? It's a way of listening in, on everything you do, on the internet. It's like the operator listening to every telephone call you make or receive. It's like Royal Mail, opening every letter and jotting down key points about you before they deliver the letter.
Phorm, previously 121Media, have a history of spyware/adware and a nasty way of hiding their software using something called a rootkit. Not nice.
And they are not nice. Kent is a nasty piece of work (go back and watch him on the BBC Click TV programme 3rd May... The interviewer did not make a joke about the temeperature during the interview with Alexander Hoff for nothing)
Who is Alexander Hoff? Well, he wrote a paper about the legality (or maybe I should say "Illegality") of Phorm implementation.
You can read much more (there's A LOT) on the Cable Forum where this has been debated strongly. You'll even see the wonderful Phorm Comms Team in action (although they have given up there due to losing every argument with people that understand technology and the law!)
Remember please that whilst they may like to say you can "switch webwise off" that does not stop them being there - between you and the internet. It's like them intercepting your phone call but not listening whilst you've told them not to. Can you be sure they won't listen? They're there, in the middle - once they are there, you cannot actually get them out even if you tell them not to listen in (look up "Network Layer 7" if you want to understand that more)
And finally, although I strongly believe this will be found to be illegal, we need your support:
Over 12,000 people have signed the Downing Street Prime Minister Petition. Please join them.
http://petitions.pm.gov.uk/ispphorm/
Write to your MP, tell them you think that Phorm is wrong.
And head over to the Cable Forum, there's lots to learn about this. Please join us. We need to stop Phorm.
http://www.cableforum.co.uk/board/12/33628733-virgin-media-phorm-webwise-adverts-updated.html
PS. Before anyone starts to argue with any of the above, I've heard all the arguments in favour of sitting back and doing nothing. None of them impress me. If you think Google is the same as Phorm for tracking your behaviour, for spying on you etc... Well, Google has it's own issues, but it's not a patch on the loss of privacy you get if Phorm gets going.
Ste.
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