Time to throw in the towel?
http://news.bbc.co.uk/1/hi/technology/7331493.stm
Quote:
In response to Dr Clayton's report, a spokesperson for Phorm said: "Our technology complies with all the appropriate UK laws - and we've consulted a range of experts on this.
"The Regulation of Investigatory Powers Act (RIPA) was drafted in the earliest days of the internet. It is not designed to criminalise legitimate business activities - online targeted advertising is an accepted part of the internet landscape today."
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Interesting point of view -
our systems are fine - it's the the law that is wrong.
From day one I have viewed RIPA as
the protection we have. The DPA reads more like a memorandum of understanding and so naturally this is what Phorm have used to defend themselves. RIPA on the other hand is clear in that it states that it is illegal to intercept my communications full stop. No woolly get out clauses - the very act of interception itself is illegal, how long the interception lasts or what is done with the results is irrelevant . Neither Phorm nor my ISP has any safe harbour for their interception under RIPA.
Here's the problem they have then. In order to discover that I have refused consent to the intercept they have to intercept my communication. The "spokesperson for Phorm" (and Presumably Phorm as a whole) seem to have now recognised this flaw in their system.
Sorry boys,
"It is not designed to criminalise legitimate business activities" is your opinion and you are welcome to test it against what the law actually states.