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-   -   Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797] (https://www.cableforum.uk/board/showthread.php?t=33628733)

Ravenheart 09-04-2008 14:38

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by the_baby_jebus (Post 34524117)
the new advice from the IC still doesn't say anything about our data not being mirrored..

it could be taken to mean that we will have to opt-in to the data rape but our data will still go past the profiler even if it does have it's eyes shut by the default opt-out cookie

I would have thought that unless you opt in, then any form of profiling without your consent would be illegal, but I know nothing of the way the law would interpret this. :(

AlexanderHanff 09-04-2008 14:41

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by Ravenheart (Post 34524122)
I would have thought that unless you opt in, then any form of profiling without your consent would be illegal, but I know nothing of the way the law would interpret this. :(

The section of the Directive ICO are referring to is with regards to interception, so they should not be permitted to intercept the traffic in any way unless a user is opted in.

This would mean that their current model would not satisfy the requirements as they need to intercept to verify whether a user has opted in or not (using DPI to look for the cookie).

This also means we need complete disclosure from BT with regards to how their upcoming trials are going to work. If they are going to use the same methods as described in the technical analysis by Dr Richard Clayton, they would be in breach of PECR as they will be using DPI (which requires interception) to detect the opt in cookie in the traffic data. This means we need to ask questions about how the upcoming trials can circumvent the requirements of PECR.

Alexander Hanff

Ravenheart 09-04-2008 14:46

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Chris Williams of The Register has posted his latest article, with the ICO U-turn

http://www.theregister.co.uk/2008/04...phorm_tougher/

AlexanderHanff 09-04-2008 14:53

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Yup another very good article.

Alexander Hanff

the_baby_jebus 09-04-2008 15:09

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by AlexanderHanff (Post 34524124)
The section of the Directive ICO are referring to is with regards to interception, so they should not be permitted to intercept the traffic in any way unless a user is opted in.

This would mean that their current model would not satisfy the requirements as they need to intercept to verify whether a user has opted in or not (using DPI to look for the cookie).

Alexander Hanff

http://www.opsi.gov.uk/si/si2003/20032426.htm
Quote:

7. - (1) Subject to paragraphs (2) and (3), traffic data relating to subscribers or users which are processed and stored by a public communications provider shall, when no longer required for the purpose of the transmission of a communication, be -

(a) erased;

(b) in the case of an individual, modified so that they cease to constitute personal data of that subscriber or user; or

(c) in the case of a corporate subscriber, modified so that they cease to be data that would be personal data if that subscriber was an individual.

(2) Traffic data held by a public communications provider for purposes connected with the payment of charges by a subscriber or in respect of interconnection payments may be processed and stored by that provider until the time specified in paragraph (5).

(3) Traffic data relating to a subscriber or user may be processed and stored by a provider of a public electronic communications service if -

(a) such processing and storage are for the purpose of marketing electronic communications services, or for the provision of value added services to that subscriber or user; and

(b) the subscriber or user to whom the traffic data relate has given his consent to such processing or storage; and

(c) such processing and storage are undertaken only for the duration necessary for the purposes specified in subparagraph (a).
7.1.a The data is erased
7.1.b. the data is modified to remove person data
7.1.c. not applicable only happens to home users
7.2. n/a nothing to do with billing
7.3.a it is (supposedly) value added as they've added a phishy filter.. at least that's their get out
7.3.b. user has been informed and opted-in.. or even not opted-out.. doesn't make the distinction
7.3.c. i.e. forever if they're still serving you adverts

also according to Richard Clayton http://www.cl.cam.ac.uk/~rnc1/080404phorm.pdf
Quote:


16. The Layer 7 switch will again direct the request to a special machine (within the ISP's
network for performance reasons if nothing else). This special machine, which is now acting
as webwise.net, will inspect any existing cookie to establish the current UID associated
with the user. If there is no cookie then a new UID will be issued instead.

28. If the user has set a cookie within the webwise.net domain indicating that they do not
wish to be tracked, then this preference is passed to the Layer 7 switch during the process in
paragraph 16 above. The details on how this is done were not explained by Phorm. . . but
it is presumably related to the mechanism described in the previous paragraph.
so the switch redirects to a "fake" webwise domain to inspect a cookie which then decides to proceed or not.. which isn't Deep Packet Inspection

have they covered all the bases and we're dangling by the short an curlies??

(obviously this only goes for any furthur implementations.. the 2 previous trials by BT sholdn't be covered as they were under the radar so not covered by 7.3.b)

edited : 15.29 with some extra detail from richard clayton

deek72 09-04-2008 15:30

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZzzzzzzzzzzzzzzzzz zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz zzzzzzzzzzzzzzzzz

jca111 09-04-2008 15:32

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
http://technology.timesonline.co.uk/...cle3714098.ece

Looks like Kent is spinning this to a positive story!!!!!

kt88man 09-04-2008 15:34

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by deek72 (Post 34524159)
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZzzzzzzzzzzzzzzzzz zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz zzzzzzzzzzzzzzzzz

I once had a dodgy keyboardddddddddddddddddddddddddddddd :)

TheBruce1 09-04-2008 15:59

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
It seems this is also occurring in the US:

Quote:

"We simply place the equipment at the ISPs network," said NebuAd CEO Bob Dykes. "Their role is completely passive. We sell the advertising." (Read an interview with NebuAd's Bob Dykes.)

NebuAd's appliances can track the Internet usage of between 10,000 and 30,000 Internet subscribers, and the firm claims to have contracts with "multiple tens" of ISPs covering millions of subscribers. The company is based in the U.S., but also has a presence in Canada and will launch soon in the U.K.
http://www.dslreports.com/forum/r202...ained~start=20

Quote:

Originally Posted by LadyMinion
n a new twist, the most influential voice in the identity space has now spoken out on the topic: Microsoft's identity guru Kim Cameron agrees that 'opt-out' implementations of Webwise are in breach of the Laws of Identity. This is important - Kim is shaping the principles that will drive future privacy-protecting identity systems, and if Phorm is an inappropriate third-party in the online identity relationship then they have a real problem on their hands.
It's very likely that attention will shift to BT and VirginMedia, who have both been very quiet indeed about their 'opt-out' approach to Phorm (TalkTalk are off the hook because they have taken a more privacy-friendly 'opt-in' approach). The real test will be whether those providers start to lose business over this, particularly in Croydon and Ealing, where further trials of OIX and Webwise are due soon.
Full article:
http://www.computerweekly.com/blogs/...-independ.html

I wonder if this has anything to do with that statement:

It's such a tremendously bad idea that it's almost bound to succeed. Microsoft has filed another patent, this one for an "advertising framework" that uses "context data" from your hard drive to show you advertisements and "apportion and credit advertising revenue" to ad suppliers in real time. Yes, Redmond wants to own the patent on the mother of all adware.

The application, filed in 2006, describes a multi-faceted, robust ad-delivering system that lives on a "user computer, whether it's part of the OS, an application or integrated within applications."
http://arstechnica.com/news.ars/post...e-systems.html

It seems that they are all at it.

dav 09-04-2008 16:05

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
It looks as if the bandwidth needed to serve all these ads is soon going to overtake that used by P2P traffic.

It's very sad that something as useful as the web is going to be largely reduced to the role of pushing space filled with ads for stuff nobody wants nor cares about.

snazzy 09-04-2008 16:26

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Maybe we should get reduced rate for putting up with all this crap we are about to see.

AlexanderHanff 09-04-2008 16:28

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
www.openrightsgroup.org

80/20 Thinking are organising an open meeting for Tuesday 15th April 2008 at:

The Lecture Theatre, Brunei Gallery, School of Oriental & African Studies, London.

18:30-20:30.

Anyone in the London area, please attend the meeting. My paper will be complete in time for the meeting so there will be plenty of questions you can ask. I am the other end of the country so I can't attend due to disability and costs.

It is an open meeting but attendees are requested to email info@8020thinking.com in advance.

Alexander Hanff

manxminx 09-04-2008 16:36

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
I haver one question regarding consent requirements under PECR (Privacy and Electronic Communications (EC Directive) Regulations 2003)

Does active consent have to be gained from both ends of the data stream? In other words, both the traffic data to and from the user AS WELL AS the traffic data to and from the website that the user is communicating with?

Ali.

P.s. I'm reading through the PECR now (http://www.opsi.gov.uk/si/si2003/20032426.htm). Can someone point me to the relevant paragraphs please?

mertle 09-04-2008 16:42

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by dav (Post 34524184)
It looks as if the bandwidth needed to serve all these ads is soon going to overtake that used by P2P traffic.

It's very sad that something as useful as the web is going to be largely reduced to the role of pushing space filled with ads for stuff nobody wants nor cares about.

very good point what will happen is they try push prices up by forcing you onto higher speeds just to get the service you had before.

Maybe this is vm masterplan to get us to move to 50megs which with all this impending traffic slowdown will act like 10 megs service as all the traffic gets queued into phorms rubbish while our computers patiently waits for packets.

I would not be suprised one minute if we get an overload which just completely crashes the whole vm broadband or turns it to 56k modem.

I still dont trust the bunch of criminals to honour people who opt out. I bet the find a way to track us anyway with a rootkit embeded in opt out users machines.

---------- Post added at 16:42 ---------- Previous post was at 16:40 ----------

Quote:

Originally Posted by manxminx (Post 34524208)
I haver one question regarding consent requirements under PECR (Privacy and Electronic Communications (EC Directive) Regulations 2003)

Does active consent have to be gained from both ends of the data stream? In other words, both the traffic data to and from the user AS WELL AS the traffic data to and from the website that the user is communicating with?

Ali.

P.s. I'm reading through the PECR now (http://www.opsi.gov.uk/si/si2003/20032426.htm). Can someone point me to the relevant paragraphs please?

very good point is what happens if the website your are connected has given consent but you have refused to consent.

kt88man 09-04-2008 16:50

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Good Afternoon to "Alex @ Phorm"

I don't recall you telling us if you were part of the PR team or not. Come on, don't be shy...

Ravenheart 09-04-2008 16:55

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
if it's the same one that visited my blog, he's also a member of the illustrious phormcomsteam

Phorm PR, like bailing out a sinking ship with a thimble.

manxminx 09-04-2008 16:58

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Ok, after reading PECR, as far as I can tell (I'm no expert) conse3nt has to be sought from both the end user and the website they are communicating with.

I say this because reg 7, pt 3 says:
Quote:

(3) Traffic data relating to a subscriber or user may be processed and stored by a provider of a public electronic communications service if -

(a) such processing and storage are for the purpose of marketing electronic communications services, or for the provision of value added services to that subscriber or user; and

(b) the subscriber or user to whom the traffic data relate has given his consent to such processing or storage; and (my highlight)

(c) such processing and storage are undertaken only for the duration necessary for the purposes specified in subparagraph (a).
The PECR defines 'subscriber' as " a person who is a party to a contract with a provider of public electronic communications services for the supply of such services"

Ok, I subscribe to a hosting service (a provider of public electronic communications) that provides me with space to host my website and forums.

Sorry, please correct me if I am wrong, but me, as a website owner is also a subscriber, therefore under 7.3b I also have to give consent for my (the website) data to be processed.

This is V important, because if I've interpreted this correctly, Phorm will have to ask permission of all websites as well as end users, which is almost impossible, and immediately makes Phorm a dead duck.

Ali.

AlexanderHanff 09-04-2008 17:03

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Don't forget section 27 of PECR:

"To the extent that any term in a contract between a subscriber to and the provider of a public electronic communications service or such a provider and the provider of an electronic communications network would be inconsistent with a requirement of these Regulations, that term shall be void."

Which would indicate explicit consent should be obtained as opposed to a change in terms and conditions.

Alexander Hanff

Alex @ Phorm 09-04-2008 17:23

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Alex @ Phorm here

With regard to PECR, the law is quite clear stating that any system requires valid, informed consent. We believe the approach that we will take to user notice will not only provide for such consent, but will in fact exceed the level of notice provided by anyone else. We also believe, as has been the case with the DPA and RIPA, that closer scrutiny will demonstrate that the way in which we obtain consent will substantially exceed any legal requirement.

http://blog.phorm.com/

manxminx 09-04-2008 17:31

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Alex, will you also be seeking the valid, informed consent of website owners whose sites will be profiled?
If not, why not?

Julian Smart 09-04-2008 17:35

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by Alex @ Phorm (Post 34524263)
Alex @ Phorm here

With regard to PECR, the law is quite clear stating that any system requires valid, informed consent. We believe the approach that we will take to user notice will not only provide for such consent, but will in fact exceed the level of notice provided by anyone else. We also believe, as has been the case with the DPA and RIPA, that closer scrutiny will demonstrate that the way in which we obtain consent will substantially exceed any legal requirement.

http://blog.phorm.com/

What consent will you have got that enables to you to legally hijack the web session in order to display that form purely for your/the ISP's commercial gain?

Florence 09-04-2008 17:35

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Alex

Will you also have consent to have your servers pretend to be the url I asked for?

What is in place to stop you redirecting small businesses and viewing all their details?

I also find this an important issue noone has picked up on but if you intercept a child or young adults online search then being targeted with adverts. Many do search online to help with their education this can be misinterprited by phorm so question below.
Children and young adults doing online search to help with their education?

One close to my feelings if a customer opts out this should be before phorm system and not be redirected in any shape or phorm, should not be mirrored, redirected, intercepted, cookied or even scanned by phorm What can you do to comply with that request?

Bonglet 09-04-2008 17:36

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
@ alex@phorm But we dont want to consent to anything we DONT want it, good luck in your future job btw.

AlexanderHanff 09-04-2008 17:37

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by Alex @ Phorm (Post 34524263)
Alex @ Phorm here

With regard to PECR, the law is quite clear stating that any system requires valid, informed consent. We believe the approach that we will take to user notice will not only provide for such consent, but will in fact exceed the level of notice provided by anyone else. We also believe, as has been the case with the DPA and RIPA, that closer scrutiny will demonstrate that the way in which we obtain consent will substantially exceed any legal requirement.

http://blog.phorm.com/

Alex @ Phorm

I disagree with you completely. In light of the technical analysis published by Dr Richard Clayton (which Phorm reviewed as accurate) it is clear that in order to detect whether or not someone has either opted-in or opted-out that the Layer 7 technology must perform DPI on the traffic data. That in and of itself requires interception -and- processing of the traffic data; which means the current model fails to meet the requirements of the Directive.

Section 27 of the Directive (see my previous comment) also indicates that a change in terms and conditions by the ISP will not satisfy the consent requirements of the Directive.

Phorm have repeatedly been asked to comment on the legality of the trials of 2006/2007. It is very clear to me (and many others) that the trials of 2006/2007, which could not possibly have obtained consent as they were secret trials; were in fact in breach of the following laws and statutes in the UK (and Europe):

Regulation of Investigatory Powers Act 2000
Privacy and Electronic Communications (EC Directive) Regulations 2003
Human Rights Act 1998
European Convention on Human Rights
Computer Misuse Act 1990
Fraud Act 2006
Torts (Interference with Goods) Act 1977
Data Protection Act 1998
Copyright, Designs and Patents Act 1988
Council of Europe's Convention on Cybercrime

Why do Phorm repeatedly avoid replying to questions on these points?

Furthermore, it is all well and good saying you feel Phorm believes they have exceeded the requirements of the law, but where is your evidence and sources supporting this statement?

I believe that my 2yr Old son is more intelligent than Einstein was but without some evidence and references to support that claim, it means absolutely nothing in the real world.

I would seriously consider looking for a new job "tout de suite" if I was you Alex, because I fail to see how Phorm will not be involved in the criminal prosecution of BT (complicity) for the illegal trials of 2006/2007.

Alexander Hanff

mark777 09-04-2008 17:38

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by Alex @ Phorm (Post 34524263)
Alex @ Phorm here

With regard to PECR, the law is quite clear stating that any system requires valid, informed consent. We believe the approach that we will take to user notice will not only provide for such consent, but will in fact exceed the level of notice provided by anyone else. We also believe, as has been the case with the DPA and RIPA, that closer scrutiny will demonstrate that the way in which we obtain consent will substantially exceed any legal requirement.

http://blog.phorm.com/

"Click here if you want less random ads and to be protected from visiting fake websites"

I'm sure the wording will be an art of spin. It will be interesting to see your interpretation of 'informed'.

But, it's an opt-in and your share price will continue to reflect that.

jca111 09-04-2008 17:41

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Alex @ Phorm

What about the potential Fraud that may be occurring by your system pretending to be a web site that it is not?

From Dr Richard Clayton white paper on how Phorm works:

"The Layer 7 switch will see that the request does not contain a Phorm "cookie" and will direct the request to a machine located within the ISP network that will pretend to be www.cnn.com and will return a "307" response which says, in effect, "you want that page over there". The page that will be directed to is webwise.net/bind/?<parameters>where the parameters record the original URL that was wanted."

The key is "will pretend to be www.cnn.com" (or obviously any other website you are surfing.

Is this not a Fraud against Fraud Act 2006, and exactly the same type of Fraud as Phishing, by impersonating a website that you are not?

AlexanderHanff 09-04-2008 17:50

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
This made me laugh:

"We’ve had an informed and productive dialogue with ICO and look forward to
working with them and other stakeholders to ensure that UK internet users
enjoy unparalleled choice, privacy protection and transparency online." (Phorm's Blog)

By transparency online I presume they mean "All your browsing are belong to us!" and will be transparent due to the fact that DPI can see through our traffic data.

Alexander Hanff

Bonglet 09-04-2008 17:50

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
All you pr guys and workers at phorm could opt in but i dont think you'd make much revenue off 5 people, glad to see with this whole debate that people are sick of just rolling over and getting shafted in this country when anyone feels like it if more people keep these kind of attitudes i still have hope for this country and sticking up for what they know is right.

@jca111 i agree completely what phorm are intending is exclusive phishing rights nothing more nothing less they offer the phishing service too as they dont want any competition on the phorm phish ;).

AlexanderHanff 09-04-2008 17:57

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Come on Alex @ Phorm, it was you who posted to my DenyPhorm blog inviting me to engage in telephone meeting with Kent, so why are you now so unwilling to address my questions? I am merely an undergraduate with limited experience in Law, you are supposed to be the expert on this, so why not engage or attempt to disprove my analysis? Surely you are not scared of an undergraduate who lives in a 2 bedroom terrace and drives an 11 year old car?

Alexander Hanff

TheBruce1 09-04-2008 18:03

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by Alex @ Phorm
With regard to PECR, the law is quite clear stating that any system requires valid, informed consent. We believe the approach that we will take to user notice will not only provide for such consent, but will in fact exceed the level of notice provided by anyone else. We also believe, as has been the case with the DPA and RIPA, that closer scrutiny will demonstrate that the way in which we obtain consent will substantially exceed any legal requirement.

You are talking utter phish, please tell us if we choose to opt-out how exactly this will done without the PR BS. Will the OIX.net cookie still be present on my system, if not, how will Phorm/VM know that i have opted-out.

As for the Anti-Phishing, which company/database are you going to use.

manxminx 09-04-2008 18:11

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Alexander, I know you are not a lawyer, however I was wondering if you could give me a quick opinion regarding my post above (2717). Do you feel I've interpreted the PECR correctly with reference to website owners also being users and therefore also required to give explicit consent to Phorm ?

Ali.

AlexanderHanff 09-04-2008 18:22

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Damn we scared him off.

Alexander Hanff

---------- Post added at 18:18 ---------- Previous post was at 18:11 ----------

Quote:

Originally Posted by manxminx (Post 34524299)
Alexander, I know you are not a lawyer, however I was wondering if you could give me a quick opinion regarding my post above (2717). Do you feel I've interpreted the PECR correctly with reference to website owners also being users and therefore also required to give explicit consent to Phorm ?

Ali.

Only in the case where as you outlined your web hosting is provided by your ISP. There is nothing in PECR which appears to require consent from both ends of the communication as covered by RIPA.

The main points of PECR are, it would seem to prove the trials in 2006/2007 were illegal and also reinforces that explicit informed consent must be obtained as opposed to a change in terms and conditions.

Furthermore, is clearly states that consent must be obtained before the fact, therefore using DPI (which is exactly what the Layer 7 technology does in order to detect the opt-in/opt-out cookie despite an argument to contrary earlier today on this thread) to intercept and process the traffic data fails to meet the requirements of the Directive.

It is an incredibly basic principle to comprehend and I fail to understand why Phorm and BT are having so many difficulties making an accurate interpretation of said requirements.

If Phorm would like, I am happy to visit them (at their expense) and offer my consulting skills at the cost of £160 GBP per hour (my usual consulting charge) in order to clarify this matter for them.

Alexander Hanff

---------- Post added at 18:22 ---------- Previous post was at 18:18 ----------

BBC are a bit slow on the uptake as usual:

http://news.bbc.co.uk/1/hi/technology/7339263.stm

mertle 09-04-2008 18:32

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
[QUOTE]
Quote:

Originally Posted by AlexanderHanff (Post 34524300)
Damn we scared him off.

Alexander Hanff

---------- Post added at 18:18 ---------- Previous post was at 18:11 ----------



Only in the case where as you outlined your web hosting is provided by your ISP. There is nothing in PECR which appears to require consent from both ends of the communication as covered by RIPA.

The main points of PECR are, it would seem to prove the trials in 2006/2007 were illegal and also reinforces that explicit informed consent must be obtained as opposed to a change in terms and conditions.

Furthermore, is clearly states that consent must be obtained before the fact, therefore using DPI (which is exactly what the Layer 7 technology does in order to detect the opt-in/opt-out cookie despite an argument to contrary earlier today on this thread) to intercept and process the traffic data fails to meet the requirements of the Directive.

It is an incredibly basic principle to comprehend and I fail to understand why Phorm and BT are having so many difficulties making an accurate interpretation of said requirements.

If Phorm would like, I am happy to visit them (at their expense) and offer my consulting skills at the cost of £160 GBP per hour (my usual consulting charge) in order to clarify this matter for them.

Alexander Hanff

Dont undersell yourself;)

charge £10,000 a minute and stay few days at a top hotel at there expense and bust there ass:D

Go get them:)




AlexanderHanff 09-04-2008 18:36

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
[QUOTE=mertle;34524311]
Quote:


Dont undersell yourself;)

charge £10,000 a minute and stay few days at a top hotel at there expense and bust there ass:D

Go get them:)



On the contrary I would be willing to reduce my hourly rate to £120 per hour in the interest of clarifying these issues to protect the public from any more bs claims from the Phorm PR engine. Given their current stock market crisis on AIM, I understand they may not be able to afford my usual fee of £160 GBP per hour and I try to be a reasonable man.

Alexander Hanff

JohnHorb 09-04-2008 18:51

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Sorry if its been posted already, but the El Reg article indicates that a) the 'secret' trials ARE under invetstigation and more interestingly, VM seem to be backing off.

http://www.theregister.co.uk/2008/04...phorm_tougher/

"Virgin Media meanwhile says that despite Phorm's claims to the contrary, it did not "confirm [an] exclusive agreement". A concerned customer was told by CEO Neil Berkett's office: "We haven't signed up with Phorm, we've expressed an interest."

"The ICO's tougher stance also means that as far as the ICO is concerned, BT and Phorm's secret and allegedly illegal trials without consent conducted in 2006 and 2007 are subject to investigation under DPA. A spokeswoman said more news on the probe will be forthcoming, but was unable to provide a timetable for when the tens of thousands who were tracked and profiled can expect to see those responsible held to account. BT has refused to answer questions on why it believes it acted within the law."

labougie 09-04-2008 19:16

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
VM backing off for sure! That's what I've been waiting for!

JackSon 09-04-2008 19:17

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Did this rumoured annoucement by VM actually manifest last night?

Florence 09-04-2008 19:22

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by labougie (Post 34524350)
VM backing off for sure! That's what I've been waiting for!

yes just hope they staye backed off and not just waiting till the dust settles then jump back into bed with them. It is to late for me I have already moved on hope you all are safe from phorm.

kt88man 09-04-2008 19:35

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by Alex @ Phorm (Post 34524263)
Alex @ Phorm here

(snip: the attempt to make good out of bad...)

Alex,

Take a step back for a moment. Look at what the product is that you are trying to sell to the end user.

Where is the benefit? Where is the added value? What do I get out of it?

I'm sorry, but from the users perspective, Phorm is "I Give - You Take". I don't want Phorm's anti-phising, thank you. If Phorm think's adverts tailored to my perceived needs is adding value then they are very much mistaken.

If this was so brilliant it would be up and running and users would be begging for more... I don't see that happening though.

popper 09-04-2008 19:43

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
http://news.bbc.co.uk/1/hi/technology/7339263.stm

http://www.marketingvox.com/phorm-co...r-ripa-037929/

http://www.ibls.com/internet_law_new...stnews&id=2031

dav 09-04-2008 19:47

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by jca111 (Post 34524160)
http://technology.timesonline.co.uk/...cle3714098.ece

Looks like Kent is spinning this to a positive story!!!!!

My comment to The Times article...

Quote:

It looks as if you missed out the part where ICO state that this has to be an explicit Opt-in, rather than the default opt-in that makes Phorm/ISPs more money from hawking Joe Public's browsing habits.
Is timesonline.co.uk going to be a partner in this system?

DavW, Rotherham,

lucevans 09-04-2008 19:52

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by dav (Post 34524378)
My comment to The Times article...

:clap:

bet Rupert Murdoch would love to be able to do what Phorm are attempting...

TheBruce1 09-04-2008 19:58

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
If VM implement Phrom(whether its an opt-in or out is irrelevant)should VM be forced to open its network to competitors, especially non-phorm ISP. I believe Ofcom has the power to do just that.
http://www.ofcom.org.uk/
http://www.ofcom.org.uk/complain/internet/

Why should i or any other user of VM be forced to pay £125 to BT, if there was competition within the cable market i could avoid those costs.

popper 09-04-2008 20:00

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
from that marketingvox above, Interesting.
"
In a phone interview yesterday, Ertugrul said that in two weeks Phorm will start serving banner ads that inform users their information is being collected. The ads will enable them to opt out. To disassociate themselves from whatever data Phorm has on them now, users can just clear their cookies, he said.

But an Off switch may not be enough. Yesterday the UK Information Commissioner, which is responsible for enforcing certain data protection and privacy acts, published an assessment of Phorm's technology. The ICO concluded "Phorm products will have to operate on an opt in basis to use traffic data as part of the process of returning relevant targeted marketing to internet users."

CaptJamieHunter 09-04-2008 20:03

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
One slightly shattered Captain is back. I see Virgin Media hasn't issued any kind of statement. Oh well, if they won't actually say things publicly as was strongly hinted then that's their own fault (the moral of this story is if you say to me that you're going to do something, do it!). They've had a day and a half already. To me that is plenty of time.

People here know that last month I wrote to Neil Berkett outlining my concerns about Phorm and that I've already had a correspondence with Ian Woodham, VM's Data Protection Officer. Ian's response has been carefully worded on his part (understandably) and thus a bit unsatisfying. That's no criticism of Ian, at that time there was only so much he was able to say. It seemed a good idea that Neil Berkett should know more about Phorm and why there is a backlash against it.

On Monday morning I received a phone call from the number 08454 540000. That number had called the previous evening while I was out. I Googled the number and it showed as a VM office number. When it rang this morning, it was someone saying he was calling on behalf of Neil Berkett and we talked for about 35 minutes.

As part of the chat said chappie read to me a prepared statement which he said was "just this minute from his colleague in the press office". The statement made a number of points which could be seen as being aimed at clarifying some of the spin from Phorm's PR statements.

I asked if the statement was available online anywhere so people could read it for themselves and he said it wasn't online yet but that it would be. I was just out of the shower so it didn't occur to me to ask when it would be issued.

I was able to note down a few snippets:

"We (VM) haven't signed up with Phorm, we've expressed an interest"

"VM are looking into concerns about legality and customer privacy"

"There is absolutely no foregone conclusion that VM will implement Phorm"

"Concerns about customers' security and any effect on our reputation will be at the forefront of our thoughts"

I re-emphasised my concerns over my belief that Phorm is illegal and that any opt-out must prevent data from going anywhere near Phorm's network. I made and re-emphasised that point. Chappie assured me that Neil Berkett had seen my letter and that he is "taking my concerns seriously". No doubt the bit about VM's reputation taking a hammering struck a nerve. "The people with whom you associate has a huge bearing on your reputation" is another point I made.

The Guardian's rejection statement may also have some influence as chappie mentioned the Guardian is quite influential amongst its peers.

I emphasised (as a VM customer who wants to stay a VM customer because I loathe BT) that VM needed to issue this statement publicly as soon as they could because their is a customer perception of inaction on their part.

Having had a statement read to me and been told it would be issued, I am disappointed that Virgin Media have not done so.

Maybe I should have recorded the call, maybe I should have asked for written confirmation. As requested, I have not named the contact at Virgin Media although I do have his contact details here. I was also complimented on the tone and conciseness of my letter (concise? moi? surely not!). Had to pinch myself to make sure I wasn't dreaming!

I suggest that everyone here who is a Virgin Media customer writes to Neil Berkett (and I mean write, not e-mail) with a polite letter making brief points. CEOs don't like techie stuff so keep it summarised with impact points such as illegal, interception without permission, VM reputation, Phorm reputation, customers moving away because of perceived inaction.

Please keep it polite. If we can convince the CEO this is as wrong as we believe it is and that VM is and will suffer reputation damage and loss of income then we have a very influential ally. It's important that VM realise this isn't about not wanting them to make money - it's about customers being able to trust their ISP to not get involved with what many (including some very eminent people) believe to be an illegal scheme.

Time for some hot tea and a hot bath...

Florence 09-04-2008 20:07

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by TheBruce1 (Post 34524386)
If VM implement Phrom(whether its an opt-in or out is irrelevant)should VM be forced to open its network to competitors, especially non-phorm ISP. I believe Ofcom has the power to do just that.
http://www.ofcom.org.uk/
http://www.ofcom.org.uk/complain/internet/

Why should i or any other user of VM be forced to pay £125 to BT, if there was competition within the cable market i could avoid those costs.

I paid half price reconnection to BT using an offer they have online until 9th May 2008.
http://www.serviceview.bt.com/list/p...Impl133605.htm

Alex @ Phorm 09-04-2008 20:08

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Hi Alexander - yes, I made the offer for you to put all your questions to Kent in person which you declined

The offer still stands so let me know how we can make that work

Alex @ Phorm

TheBruce1 09-04-2008 20:13

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by Florence
I paid half price reconnection to BT using an offer they have online until 9th May 2008.
http://www.serviceview.bt.com/list/p...Impl133605.htm

Thanks, i am going to wait and see if VM implement phorm(spyware)before i jump ship. I would love to see the cable market opened for competition.

Cobbydaler 09-04-2008 20:14

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by Alex @ Phorm (Post 34524395)
Hi Alexander - yes, I made the offer for you to put all your questions to Kent in person which you declined

The offer still stands so let me know how we can make that work

Alex @ Phorm

Well, a guarantee not to selectively quote from the conversation might be a start... ;)

AlexanderHanff 09-04-2008 20:17

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by Alex @ Phorm (Post 34524395)
Hi Alexander - yes, I made the offer for you to put all your questions to Kent in person which you declined

The offer still stands so let me know how we can make that work

Alex @ Phorm

Alex @ Phorm,

Given the misquoting of Dr Richard Clayton over the weekend on Phorm's blog and antics on Wikipedia, I am not comfortable with the prospect of a telephone/voice call. I fear you would be able to deny anything I may wish to bring to the attention of the public and that you may misquote me for your PR campaign.

If Kent would like to have a discussion with me, it would need to be in an open, online environment which can be logged by independent 3rd parties and witnessed by the general public. I would suggest a chat room where I can pose my questions to Kent and the public can see his responses in real time.

If Phorm truly want to be transparent, surely they will accept these terms?

Furthermore, I am still awaiting your answers with regards to the questions I raised concerning the illegal trials of Phorm Inc.'s technology by BT in 2006/2007 which the ICO statement today has effectively reinforced the opinion of myself and many others that they failed to meet the requirements of PECR.

Alexander Hanff

Raistlin 09-04-2008 20:19

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by Alex @ Phorm (Post 34524395)
Hi Alexander - yes, I made the offer for you to put all your questions to Kent in person which you declined

The offer still stands so let me know how we can make that work

Alex @ Phorm

Was this offer based upon Alexander's previous questioning/browsing habits?

It would appear, although I wouldn't wish to speak for Alexander obviously, that he's chosen to 'opt out' at this time :D

---------- Post added at 20:19 ---------- Previous post was at 20:18 ----------

Looks like he beat me to it :)

CaptJamieHunter 09-04-2008 20:20

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by Alex @ Phorm (Post 34524395)
Hi Alexander - yes, I made the offer for you to put all your questions to Kent in person which you declined

The offer still stands so let me know how we can make that work

Alex @ Phorm

For the amount of time Phorm has people lurking on here I'm surprised you haven't read Alexander's response:

Quote:

Originally Posted by AlexanderHanff (Post 34523441)
With regards the Phorm interview with Kent, I have decided not to accept this invitation due to the way they blatantly misquoted Dr Richard Clayton last weekend on their blog. I refuse to be a puppet in their PR campaign.

I think my efforts are best directed at finishing my article and fighting Phorm in the public domain. Incidentally I put in my application request for my Masters in Law (LL.M) yesterday and have decided from this point forward my life will be dedicated to fighting the dogmatic attack on society's fundamental rights to privacy. Thank you Phorm for helping to steer my career in a direction that will enable me to fight you and your ilk from the legal arena.

Alexander Hanff

Open, honest, direct, spin-free answers placed in the public domain by technical people, not PR sections is what's appropriate here. The questions and concerns are out there. By misquoting Richard Clayton and trying to spin the facts about the Wikipedia page "editing" you do yourselves no favours.

mark777 09-04-2008 20:20

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by Alex @ Phorm (Post 34524395)
Hi Alexander - yes, I made the offer for you to put all your questions to Kent in person which you declined

The offer still stands so let me know how we can make that work

Alex @ Phorm


From CaptainJamieHunters post below, Kent might want to think about chatting up Neil Berkett as well. ;)

----------

8 posts down. Such activity!

popper 09-04-2008 20:25

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
opening the cable market might be the best thing, but id settle for a

"mear conduit", as in no phorm type operations etc.

3rd party Co-location internal space.

3rd party STB's
DVB-C cards +VM smartcard for sale and rent.

and the foolish 1 cable modem per account rule removed.

plus other bit and bobs OC.

AlexanderHanff 09-04-2008 20:27

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
With regards the public meeting in London on Tuesday.

It would be useful if we could come up with some fliers over the weekend for people who are attending the meeting to hand out when they arrive. Also it would be great if we get a bunch of people turning up in anti Phorm t-shirts! I realise it is short notice and would require people to spend some of their hard earned money, but I think it would be worth it, especially as I fully expect members of the press to be present.

If someone could come up with a vector graphic which people can download and take to their local T-Shirt printing company, it should be possible to get them on time.

Another good idea would be for people to take banners with them. if we could have a contingent outside of the meeting making passers by aware of the issues, it could go a long way to raising some more public awareness on this scandal.

Alexander Hanff

manxminx 09-04-2008 20:28

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by AlexanderHanff (Post 34524300)
Only in the case where as you outlined your web hosting is provided by your ISP. There is nothing in PECR which appears to require consent from both ends of the communication as covered by RIPA.

Thanks for your clarification Alexander.

I can't wait to read your paper once it's finished

Ali xx

popper 09-04-2008 20:36

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by AlexanderHanff (Post 34524418)
With regards the public meeting in London on Tuesday.

It would be useful if we could come up with some fliers over the weekend for people who are attending the meeting to hand out when they arrive. Also it would be great if we get a bunch of people turning up in anti Phorm t-shirts! I realise it is short notice and would require people to spend some of their hard earned money, but I think it would be worth it, especially as I fully expect members of the press to be present.

If someone could come up with a vector graphic which people can download and take to their local T-Shirt printing company, it should be possible to get them on time.

Another good idea would be for people to take banners with them. if we could have a contingent outside of the meeting making passers by aware of the issues, it could go a long way to raising some more public awareness on this scandal.

Alexander Hanff

LOL, some people might even enjoy this as a bit of fun... at the meeting.
http://www.theregister.co.uk/2008/04..._ico/comments/
"
Dressing up

By Anonymous Coward
Posted Tuesday 8th April 2008 10:21 GMT
Wayland Sothcott makes a good point in saying "It's gonna take some people dressed as spiderman to get this really noticed."

So why not? Lets all pitch up outside Phorm/BT HQ/ICO's office/Trafalgar square identically dressed in "Spy" gear - you know; trilby (with BT logo in the hatband), CIA mac, mirror shades.

Bring along conspicuously large notebooks and start writing down behavioural patterns of passing members of the public / BT staff.

I'm sure the odd newsroom could be persuaded to take an interest; take pics, video etc and knock out a press release for later dispatch. Any takers?"

AlexanderHanff 09-04-2008 20:38

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
We should maybe start a new thread for people who are intending to go to the meeting. That way they can arrange to meet up if any anti phorm publicity material gets put together and get organised.

Alexander Hanff

manxminx 09-04-2008 20:41

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
I've emailed 80/20 asking if the meeting can be broadcast on a web feed or recorded as a podcast. I'm sure there are many people such as myself who would like to attend but are unable due to location or other commitments.

Ali.

P.s I can understand the meeting being held in London, but at times I think people forget that life exists North of the M25.

CaptJamieHunter 09-04-2008 20:50

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Have Phorm come phorward and ophered the name of the QC they used?

A cursory Google on the phrase "QC opinion" just happens to reveal a link to Backlash UK which is a campaign against the Criminal Justice Bill. They have a QC's legal opinion to back up their case and guess what? His name is at the bottom of the opinion document (Please note that this is a discussion of proposals relating to "extreme pornography" in this proposed legislation so please bear that in mind when clicking the link)

Just wondering.

AlexanderHanff 09-04-2008 20:53

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
http://www.cableforum.co.uk/board/12...al-thread.html

I have started a new thread for people who intend to attend the public meeting on Tuesday. I would urge people to use the thread to organise things in time for the event.

Alexander Hanff

jca111 09-04-2008 20:57

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Will opt-in 'phinish' Phorm?

http://www.bbc.co.uk/blogs/technolog...ish_phorm.html

mark777 09-04-2008 20:59

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by manxminx (Post 34524426)
I've emailed 80/20 asking if the meeting can be broadcast on a web feed or recorded as a podcast. I'm sure there are many people such as myself who would like to attend but are unable due to location or other commitments.

Ali.

P.s I can understand the meeting being held in London, but at times I think people forget that life exists North of the M25.

Or West. Good idea on the web feed/podcast.

There has to be a catch somewhere though. I can't see many targetted ad fans turning up for this, so the attendees are likely to be mainly anti-phorm.

Why would they agree to this?

What have they got up their sleeve?
What sort of anouncement might they make, with max publicity?
Is Phorm 2 about to be released, the cuddly version, which nobody knows about?

Something is fishy, unless you think this is an open and above board company.

AlexanderHanff 09-04-2008 21:03

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
I would just personally like to thank Rory for the compliment ;)

"Some of the finest minds in the world of privacy, encryption and the law, have turned their minds to these issues"
http://www.bbc.co.uk/blogs/technolog...ish_phorm.html

Sorry couldn't resist hehehe.

Alexander Hanff

mark777 09-04-2008 21:05

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by jca111 (Post 34524443)

Aunties slowly getting there! :hyper:

dav 09-04-2008 21:06

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by mark777 (Post 34524446)
Or West. Good idea on the web feed/podcast.

There has to be a catch somewhere though. I can't see many targetted ad fans turning up for this, so the attendees are likely to be mainly anti-phorm.

Why would they agree to this?

What have they got up their sleeve?
What sort of anouncement might they make, with max publicity?
Is Phorm 2 about to be released, the cuddly version, which nobody knows about?

Something is fishy, unless you think this is an open and above board company.

I would say that there will be a lot of Phorm plants in there, vigorously nodding in agreement with every word Kent says. That will let him say, "Lo! the promised land cometh and the people want it!" and he'll be able to spin it into a resounding acceptance of his spyware. I'd be very wary of their motives.

Winston Smith 09-04-2008 21:06

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Hi,

Question for the legally minded/those with more knowledge than I.

I see a lot of reports of groups etc, taking legal action on behalf of 'the general public' on various issues. If this is the case would it not be possible for the Foundation for Information Policy Research to apply for an injunction (my legal knowledge minimal, my red wine knowledge three large glasses) against Phorm?

Nicholas Bohm, general counsel for the Foundation for Information Policy Research said (http://news.bbc.co.uk/1/hi/technology/7339263.stm):

"This is not the end of the road. We will be taking it further. We are not satisfied with the ICO response on interception,"

Could this mean they could/will?

Regards

WinstonS

AlexanderHanff 09-04-2008 21:09

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
"We've only heard from a small group of vocal opponents so far. The public has answered very clearly in neutral polling that this is something they want." (Kent)

From what I recall the poll was 2000 users? I expect it would have been spun around the Anti-Phishing service too?

Ok PM Petition currently stands at what 11000? somewhere around there. That trumps their poll by almost 6x.

The poll here? 95.6% against Phorm from a sample of over 700. That's a pretty clear contradiction to what they claim the public want.

Alexander Hanff

JackSon 09-04-2008 21:13

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
It's the source of the poll which is invariably going to be the difference. I suspect this announcement of "our customers want this" is based on ISP's asking generically;
-Do you want less advertising?
-Do you want more phishing protection?
Because in a survey, teh off the cuff responses to those are going to be yes to both.

I suspect Kent is actually talking about the above instead of a question based around "Do you want Phorm specifically?"

AlexanderHanff 09-04-2008 21:19

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by Winston Smith (Post 34524453)
Hi,

Question for the legally minded/those with more knowledge than I.

I see a lot of reports of groups etc, taking legal action on behalf of 'the general public' on various issues. If this is the case would it not be possible for the Foundation for Information Policy Research to apply for an injunction (my legal knowledge minimal, my red wine knowledge three large glasses) against Phorm?

Nicholas Bohm, general counsel for the Foundation for Information Policy Research said (http://news.bbc.co.uk/1/hi/technology/7339263.stm):

"This is not the end of the road. We will be taking it further. We are not satisfied with the ICO response on interception,"

Could this mean they could/will?

Regards

WinstonS

It is difficult to file for an injunction in its own right, from my understanding of the procedures. The most effective way to file for an injunction would be as an attachment to existing action (criminal trial of the BT trials for example, or litigation from some of the victims of the BT trials) which is much more likely to succeed.

I would hope FIPR will apply for an injunction but I am not sure it is feasible at this time. There is work being done with regards to filing a case from at least one of the trial victims, so if that goes ahead, it is certainly (in my mind) a legal option.

Alexander Hanff

---------- Post added at 21:19 ---------- Previous post was at 21:14 ----------

Of course it is unlikely that we will ever see the actual poll they did as I doubt they obtained informed consent from the participants. This might actually be the one time we see their interpretation of consent match what we all interpret as well, which will simply show them for the hypocrites they are.

Alexander Hanff

Winston Smith 09-04-2008 21:23

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by AlexanderHanff (Post 34524458)
It is difficult to file for an injunction in its own right, from my understanding of the procedures. The most effective way to file for an injunction would be as an attachment to existing action (criminal trial of the BT trials for example, or litigation from some of the victims of the BT trials) which is much more likely to succeed.

I would hope FIPR will apply for an injunction but I am not sure it is feasible at this time. There is work being done with regards to filing a case from at least one of the trial victims, so if that goes ahead, it is certainly (in my mind) a legal option.

Alexander Hanff

---------- Post added at 21:19 ---------- Previous post was at 21:14 ----------

Of course it is unlikely that we will ever see the actual poll they did as I doubt they obtained informed consent from the participants. This might actually be the one time we see their interpretation of consent match what we all interpret as well, which will simply show them for the hypocrites they are.

Alexander Hanff

What about a civil injunction then? (from: http://www.elc.org.uk/pages/lawukcourts.htm)
- a claim that one side has breached a duty imposed by the common law without the need for there to be a contract, for example, a civil action can be brought if a person defames you or trespasses on your land.


Does common law include RIPA etc?

Regards

WinstonS

dav 09-04-2008 21:23

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by AlexanderHanff (Post 34524449)
I would just personally like to thank Rory for the compliment ;)

"Some of the finest minds in the world of privacy, encryption and the law, have turned their minds to these issues"
http://www.bbc.co.uk/blogs/technolog...ish_phorm.html

Sorry couldn't resist hehehe.

Alexander Hanff

Tried to post the following comment, but keep getting server error...will keep trying...

Quote:

I'm with Virgin at the moment with internet, TV and Phone. As soon as they state that this system is to be launched as a "service" to enhance my internet experience, I will jump into Rupert Murdoch's lap and embrace Sky TV and sign up with any ISP that can promise me Phorm will not be entertained.
There is another side to this also. The websites that are to partner Phorm and serve OIX generated ads will immediately be added to my blocked sites list and will be boycotted until I find out they no longer carry ads served up by Phorm.
In many ways, I'm compromising my use of the internet, but it is something I'm more than willing to do to avoid this company and its collaborators.

AlexanderHanff 09-04-2008 21:28

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by Winston Smith (Post 34524466)
What about a civil injunction then? (from: http://www.elc.org.uk/pages/lawukcourts.htm)
- a claim that one side has breached a duty imposed by the common law without the need for there to be a contract, for example, a civil action can be brought if a person defames you or trespasses on your land.


Does common law include RIPA etc?

Regards

WinstonS

Again, I still think it needs to be filed for as part of an existing action, whether it is civil or criminal. There was some discussion on this in this thread about a week ago. I will find the relevant posts and link to them later, I have a guest at the moment though.

Alexander Hanff

Florence 09-04-2008 21:29

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by AlexanderHanff (Post 34524406)
Alex @ Phorm,

Given the misquoting of Dr Richard Clayton over the weekend on Phorm's blog and antics on Wikipedia, I am not comfortable with the prospect of a telephone/voice call. I fear you would be able to deny anything I may wish to bring to the attention of the public and that you may misquote me for your PR campaign.

If Kent would like to have a discussion with me, it would need to be in an open, online environment which can be logged by independent 3rd parties and witnessed by the general public. I would suggest a chat room where I can pose my questions to Kent and the public can see his responses in real time.

If Phorm truly want to be transparent, surely they will accept these terms?

Furthermore, I am still awaiting your answers with regards to the questions I raised concerning the illegal trials of Phorm Inc.'s technology by BT in 2006/2007 which the ICO statement today has effectively reinforced the opinion of myself and many others that they failed to meet the requirements of PECR.

Alexander Hanff

A private irc channel invite only and with +m on only voicing the ones who are allowed to talk would sort that out members of the public can watch but not participate.

CaptJamieHunter 09-04-2008 21:31

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by AlexanderHanff (Post 34524455)
"We've only heard from a small group of vocal opponents so far. The public has answered very clearly in neutral polling that this is something they want." (Kent)

So now Kent is redefining the concept of yes as anything that isn't a resounding no. And this is a company that wants people to talk to it one to one?

The public meeting concerns me some. I can't help but think there will be lots of Phorm drones there lapping up every word Ertregrul says. Will Dr Clayton and those who oppose Phorm be given the same chances to speak as Phorm? Will it be recorded and posted in full for those who can't get there to see?

Part of me thinks Phorm has got something lined up here and their PR drones will be there in force.

Now if I was the paranoid type I'd start to think along the lines of the "Anonymous" organisation who protest against the Church of Scientology. A lot of them wear V masks to mask their identity...

---------- Post added at 21:31 ---------- Previous post was at 21:29 ----------

Quote:

Originally Posted by dav (Post 34524468)
Tried to post the following comment, but keep getting server error...will keep trying...

I'm getting a 502 error on there too. My comment is:

"Hi Rory, as you may be aware if you've been following any of the various discussions about Phorm, the opt-out "presented" by Phorm is based on a cookie. This means that although you've said "no" to receiving adverts your web activity is still mirrored to Phorm's systems.

Many people have made it clear to Virgin Media (of whom I am currently a customer) that an opt-out has to guarantee that their data goes nowhere near Phorm's systems.

Mr Etregrul's assertion that "neutral polling that this is something they [customers] want." is complete and utter hogwash. Internet advertising is a bugbear, a nuisance and is tolerated with a heavy heart by many.

Solutions are available which minimise the amount of advertising a user is exposed to and I use a number of them myself. The difference it makes in the speed of a page downloading is considerable.

Mr Etregrul's logic is flawed and is that of a spin doctor trying to fight off a growing resistance.

Check The Register's ever growing report file on Phorm at http://www.theregister.co.uk/2008/02/29/phorm_roundup/

Phorm is (in my view) illegal and offers nothing of value to the broadband customer. I will not be opting in and I will be advising everyone I know to have nothing to do with Phorm."

BeckyD 09-04-2008 21:33

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
A bit of light entertainment at Phorm's expense - b3ta's photo challenge this week is "Advertising from the future" and one member has already dished up a Phorm-related offering:

http://www.b3ta.com/board/8270099

:D

AlexanderHanff 09-04-2008 21:33

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by CaptJamieHunter (Post 34524473)
So now Kent is redefining the concept of yes as anything that isn't a resounding no. And this is a company that wants people to talk to it one to one?

The public meeting concerns me some. I can't help but think there will be lots of Phorm drones there lapping up every word Ertregrul says. Will Dr Clayton and those who oppose Phorm be given the same chances to speak as Phorm? Will it be recorded and posted in full for those who can't get there to see?

Part of me thinks Phorm has got something lined up here and their PR drones will be there in force.

Now if I was the paranoid type I'd start to think along the lines of the "Anonymous" organisation who protest against the Church of Scientology. A lot of them wear V masks to mask their identity...

---------- Post added at 21:31 ---------- Previous post was at 21:29 ----------



I'm getting a 502 error on there too. My comment is:

"Hi Rory, as you may be aware if you've been following any of the various discussions about Phorm, the opt-out "presented" by Phorm is based on a cookie. This means that although you've said "no" to receiving adverts your web activity is still mirrored to Phorm's systems.

Many people have made it clear to Virgin Media (of whom I am currently a customer) that an opt-out has to guarantee that their data goes nowhere near Phorm's systems.

Mr Etregrul's assertion that "neutral polling that this is something they [customers] want." is complete and utter hogwash. Internet advertising is a bugbear, a nuisance and is tolerated with a heavy heart by many.

Solutions are available which minimise the amount of advertising a user is exposed to and I use a number of them myself. The difference it makes in the speed of a page downloading is considerable.

Mr Etregrul's logic is flawed and is that of a spin doctor trying to fight off a growing resistance.

Check The Register's ever growing report file on Phorm at http://www.theregister.co.uk/2008/02/29/phorm_roundup/

Phorm is (in my view) illegal and offers nothing of value to the broadband customer. I will not be opting in and I will be advising everyone I know to have nothing to do with Phorm."

This is why it is so important to get as many people there as possible. Dr Richard Clayton is heavily out numbered on the list of speakers, he needs our support as much as we need to raise our own issues. I would be deeply disappointed if after all the work over the past 2 months, no-one in the area can muster up the motivation to attend.

Alexander Hanff

Winston Smith 09-04-2008 21:34

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
[QUOTE=CaptJamieHunter;34524473]
Now if I was the paranoid type I'd start to think along the lines of the "Anonymous" organisation who protest against the Church of Scientology. A lot of them wear V masks to mask their identity...

---------- Post added at 21:31 ---------- Previous post was at 21:29 ----------

Well I'm up for heading up to London wearing a V mask, Next question is where do I buy one?

AlexanderHanff 09-04-2008 21:34

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by LadyMinion (Post 34524479)
A bit of light entertainment at Phorm's expense - b3ta's photo challenge this week is "Advertising from the future" and one member has already dished up a Phorm-related offering:

http://www.b3ta.com/board/8270099

:D

Very amusing :)

Alexander Hanff

CaptJamieHunter 09-04-2008 21:38

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
[quote=Winston Smith;34524483]
Quote:

Originally Posted by CaptJamieHunter (Post 34524473)
Now if I was the paranoid type I'd start to think along the lines of the "Anonymous" organisation who protest against the Church of Scientology. A lot of them wear V masks to mask their identity...

---------- Post added at 21:31 ---------- Previous post was at 21:29 ----------

Well I'm up for heading up to London wearing a V mask, Next question is where do I buy one?

V masks are available from Forbidden Planet. Of course wearing masks in London can be a bit dangerous...

JackSon 09-04-2008 21:42

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by CaptJamieHunter (Post 34524473)
Mr Etregrul's assertion that "neutral polling that this is something they [customers] want." is complete and utter hogwash. Internet advertising is a bugbear, a nuisance and is tolerated with a heavy heart by many.

I wouldn't get too wound up by that, this is old material for Kent.

http://www.cableforum.co.uk/board/34...-post1085.html

That was from the second web chat they did in mid march, so he's got nothing new really. Broken record syndrome, he's on the desperate side now I think if he's resorting to that line again after all this time.

Winston Smith 09-04-2008 21:46

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Fair enough, I don't mind turning up wearing one, but I would rather not be the only one. Any more volunteers? I don't want to be the only one shot.

CaptJamieHunter 09-04-2008 21:48

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by JackSon (Post 34524493)
I wouldn't get too wound up by that, this is old material for Kent.

http://www.cableforum.co.uk/board/34...-post1085.html

That was from the second web chat they did in mid march, so he's got nothing new really. Broken record syndrome, he's on the desperate side now I think if he's resorting to that line again after all this time.

*nods* but if I can get the comment posted then I get a potentially wider audience for it than posting it on El Reg. Spreading the education :)

On the speakers' list for this meeting, who else is listed? Will there be a code of conduct in force? (Public meetings I've heard about from work colleagues have often been dangerous and rowdy affairs)

If Dr Clayton is outnumbered then how can the meeting be an independent and fair one?

Ravenheart 09-04-2008 21:50

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Move over Lolcats.. here's a lol phorm

http://mine.icanhascheezburger.com/V...px?ciid=896279

http://mine.icanhascheezburger.com/V...px?ciid=836361

flowrebmit 09-04-2008 21:50

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
As Kent Kurtugurl has some Russian connections, if I was being paranoid, I would worry about Polonium radiation poisoning...

AlexanderHanff 09-04-2008 21:51

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by CaptJamieHunter (Post 34524500)
*nods* but if I can get the comment posted then I get a potentially wider audience for it than posting it on El Reg. Spreading the education :)

On the speakers' list for this meeting, who else is listed? Will there be a code of conduct in force? (Public meetings I've heard about from work colleagues have often been dangerous and rowdy affairs)

If Dr Clayton is outnumbered then how can the meeting be an independent and fair one?

Details of the event can be found here (including the list of speakers):

http://www.8020thinking.com/events

Don't forget to email 80/20 Thinking in advance to let them know you are coming (as is requested on the event web page).

Alexander Hanff

JackSon 09-04-2008 21:51

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
It's fair because they've decided the meeting should be opt-in rather than opt-out.

AlexanderHanff 09-04-2008 21:59

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
The "V for Vendetta" mask is an excellent idea by the way.

Alexander Hanff

CaptJamieHunter 09-04-2008 22:01

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by Ravenheart (Post 34524504)

BT logo.... *twitch* *twitch*

Just another thought - if people are going to attend the meeting and hand out flyers, etc, there may be local bye laws about such. And taking photos anywhere in London can end up getting you stop and searched.

I note that the panel discussion does not feature Dr Clayton. Where is the impartiality there?

---------- Post added at 22:01 ---------- Previous post was at 21:59 ----------

Quote:

Originally Posted by AlexanderHanff (Post 34524514)
The "V for Vendetta" mask is an excellent idea by the way.

Alexander Hanff

I can't claim the idea - that was something I saw a few weeks back :)

A quick check and they're £4.99 from your local Forbidden Planet, though your local sci-fi store might well stock them as well.

Ravenheart 09-04-2008 22:11

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
now we need to do a Phorm version of the V speech :P

Quote:

This visage, no mere veneer of vanity, is it vestige of the vox populi, now vacant, vanished, as the once vital voice of the verisimilitude now venerates what they once vilified. However, this valorous visitation of a by-gone vexation, stands vivified, and has vowed to vanquish these venal and virulent vermin van-guarding vice and vouchsafing the violently vicious and voracious violation of volition. The only verdict is vengeance; a vendetta, held as a votive, not in vain, for the value and veracity of such shall one day vindicate the vigilant and the virtuous. Verily, this vichyssoise of verbiage veers most verbose vis-à-vis an introduction, and so it is my very good honor to meet you and you may call me V.
I'll see what I can do

popper 09-04-2008 22:16

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by AlexanderHanff (Post 34524506)
Details of the event can be found here (including the list of speakers):

http://www.8020thinking.com/events

Don't forget to email 80/20 Thinking in advance to let them know you are coming (as is requested on the event web page).

Alexander Hanff

"80/20 Thinking, with the full cooperation of Phorm, has decided to organise a public meeting as part of the PIA assessment process.

We intend to use feedback from this event to inform the PIA. A final version of the PIA will be published by the end of April 2008...."

more like they finally took my advice #1398 (18-03-2008) and are only now following the PIA as required.

lucevans 09-04-2008 22:22

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by JackSon (Post 34524507)
It's fair because they've decided the meeting should be opt-in rather than opt-out.

I'm sure Kent and Marc won't mind you following them home and inviting yourself into their houses for a good look around afterwards, as long as you promise not to tell anyone else what you saw there...:angel:

---------- Post added at 22:22 ---------- Previous post was at 22:18 ----------

Quote:

Originally Posted by Ravenheart (Post 34524526)
now we need to do a Phorm version of the V speech :P



I'll see what I can do

"Phight the Power!":ninja:

popper 09-04-2008 23:11

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by the_baby_jebus (Post 34524147)
http://www.opsi.gov.uk/si/si2003/20032426.htm


7.1.a The data is erased
7.1.b. the data is modified to remove person data
7.1.c. not applicable only happens to home users
7.2. n/a nothing to do with billing
7.3.a it is (supposedly) value added as they've added a phishy filter.. at least that's their get out
7.3.b. user has been informed and opted-in.. or even not opted-out.. doesn't make the distinction
7.3.c. i.e. forever if they're still serving you adverts

also according to Richard Clayton http://www.cl.cam.ac.uk/~rnc1/080404phorm.pdf

so the switch redirects to a "fake" webwise domain to inspect a cookie which then decides to proceed or not.. which isn't Deep Packet Inspection

have they covered all the bases and we're dangling by the short an curlies??

(obviously this only goes for any furthur implementations.. the 2 previous trials by BT sholdn't be covered as they were under the radar so not covered by 7.3.b)

edited : 15.29 with some extra detail from richard clayton

they have covered no bases, and we are not dangling anything.
you didnt read it all,or misunderstand it perhaps, first of all the section you quote is

"Restrictions on the processing of certain traffic data
7. - (1) Subject to paragraphs (2) and (3), traffic data relating to subscribers or users which are processed and stored by a public communications provider shall, when no longer required for the purpose of the transmission of a communication, be - ..."

just above that is

"Confidentiality of communications
6. -
(1) Subject to paragraph (4), a person shall not use an electronic communications network to store information, or to gain access to information stored,in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met.

(2) The requirements are that the subscriber or user of that terminal equipment -

  • (a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and

    (b) is given the opportunity to refuse the storage of or access to that information.
(3) Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user on more than one occasion, it is sufficient for the purposes of this regulation that the requirements of paragraph (2) are met in respect of the initial use.

(4) Paragraph (1) shall not apply to the technical storage of, or access to, information -
  • (a) for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network; or

    (b) where such storage or access is strictly necessary for the provision of an information society service requested by the subscriber or user."
and the most important bit you missed.
  • "Relationship between these Regulations and the Data Protection Act 1998
    4. Nothing in these Regulations shall relieve a person of his obligations under the Data Protection Act 1998 in relation to the processing of personal data."
in other words 6 states they cant store their cookie or any other data on your machine unless you were asked and you Explicity say yes you may.

they cant go looking on your machine for any cookie or other data they might have placed there in any Yes state earlyer, after you say NO at any time later.

Winston Smith 09-04-2008 23:18

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
The 80/20 meeting. I do think we should go with the 'V' masks. Yes it looks theatric but that is exactly the kind of thing that goes down well on a five minute news reports.
The time has come. Now we have to switch from the technical viewpoint - its bad, and we all know it it is, to a view that your average user will respect and understand. The 'techies' all grasp it now, they know it is bad but it has to spread beyond this. It has to reach the average user and what better than a mass theatrical protest?
Look at what 'Fathers for Justice' did with one man in a spidersuit. It is all very well all of us(and we are all worthy) talking about it in forums but it HAS to reach the average user.
We have to make sure our point is seen (and understood) by the average net user. If this abomination is to be opt-in then the average user needs to know what they are choosing and why they are chosing.
Even a few minutes news reports on a national channel would be priceless. We need to get the major news channels interested,and what better wqay than hundreds of people turning upto this meeting wearing 'V' masks?

manxminx 09-04-2008 23:29

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
BT have published a diagram showing how their implementation of Phorm would work: http://webwise.bt.com/webwise/customer_choice.html

Nice firewall, and also good to see it's truly opt-in only. Also, if Phorm cookies are blocked, the invitation page is not displayed.

---------- Post added at 23:29 ---------- Previous post was at 23:20 ----------

New article:INTERNET LAW - Does Phorm's 'Webwise' Online AD System Break U.K. Law?

Blog comment on itpro.co.uk: http://www.itpro.co.uk/blogs/davea/2.../09/bad-phorm/

“Dave, can I use your PC to check cinema times?” “Yeah sure, just let me log out and log into a guest account.” “Why? What you hiding?”

mark777 09-04-2008 23:48

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by Winston Smith (Post 34524590)
The 80/20 meeting. I do think we should go with the 'V' masks. Yes it looks theatric but that is exactly the kind of thing that goes down well on a five minute news reports.
The time has come. Now we have to switch from the technical viewpoint - its bad, and we all know it it is, to a view that your average user will respect and understand. The 'techies' all grasp it now, they know it is bad but it has to spread beyond this. It has to reach the average user and what better than a mass theatrical protest?
Look at what 'Fathers for Justice' did with one man in a spidersuit. It is all very well all of us(and we are all worthy) talking about it in forums but it HAS to reach the average user.
We have to make sure our point is seen (and understood) by the average net user. If this abomination is to be opt-in then the average user needs to know what they are choosing and why they are chosing.
Even a few minutes news reports on a national channel would be priceless. We need to get the major news channels interested,and what better wqay than hundreds of people turning upto this meeting wearing 'V' masks?

Sorry, but I have to disagree.

It's best that people go as suited professionals, carrying a briefcase etc.

Phorm would love for this to be characterised as an anti-global, dressed up as beagles, nutter fringe.

Outwardly there is no good reason for them to be doing this, so be careful. They have something up their sleeves.

I'm all for getting this wider coverage, but not like this.

3x2 09-04-2008 23:53

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Alexander - have you come across a way to, at a European level, force a national government to enforce it's own law? It is clear from both the 06/07 BTPhorm trials that they were committing at least 18000 individual criminal offences. We see from the lack of reaction that our "political masters" simply want this to go away.

After all when you have "friends" (read: senior party members) on the (BT) board and your personal portfolio could take a severe hit why would you care?

I can just see it now - HMG decides to prosecute but in the week running up to the announcement (BT) shares are dumped faster than we can follow. My understanding of the EU is that we have recourse and even if a "ministers" portfolio takes precedent in the UK, the EU could deal with them for us.

A little bit like corrupt politicians in a US city being hit by the federal government really.


Quote:

It is high time for me to put an end to your sitting in this place, which you have dishonored by your contempt of all virtue, and defiled by your practice of every vice; ye are a factious crew, and enemies to all good government; ye are a pack of mercenary wretches, and would like Esau sell
your country for a mess of pottage, and like Judas betray your God for a few pieces of money.

Is there a single virtue now remaining amongst you? Is there one vice you do not possess? Ye have no more religion than my horse; gold is your God; which of you have not barter'd your conscience for bribes? Is there a man amongst you that has the least care for the good of the Commonwealth?

Ye sordid prostitutes have you not defil'd this sacred place, and turn'd the Lord's temple into a den of thieves, by your immoral principles and wicked practices? Ye are grown intolerably odious to the whole nation; you were deputed here by the people to get grievances redress'd, are yourselves gone! So! Take away that shining bauble there, and lock up the doors. In the name of God, go!

OC - 20 April 1653

Winston Smith 09-04-2008 23:56

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Fair enoujgh, but which is going to grab the headline:

Men in suits and ties attend meeting;

or:

Spiderman says No to spying.

I see where you are coming from and in a real world I would agree with you, but without a serious sponsor (and so far we have nothing more than tech blogs), we have to get our views across. And to be fair 'Fathers for Justice' aare now seen as a serious pressure group

Portly_Giraffe 09-04-2008 23:57

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by manxminx (Post 34524592)
BT have published a diagram showing how their implementation of Phorm would work: http://webwise.bt.com/webwise/customer_choice.html

Nice firewall, and also good to see it's truly opt-in only. Also, if Phorm cookies are blocked, the invitation page is not displayed.

Could be an improvement, but you will still have to block webwise.net cookies and they will still have to intercept your communications with the website you are accessing even if you are opted out.

JackSon 09-04-2008 23:59

Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
 
Quote:

Originally Posted by mark777 (Post 34524617)
Sorry, but I have to disagree.

It's best that people go as suited professionals, carrying a briefcase etc.

Phorm would love for this to be characterised as an anti-global, dressed up as beagles, nutter fringe.

Outwardly there is no good reason for them to be doing this, so be careful. They have something up their sleeves.

I'm all for getting this wider coverage, but not like this.

I think I'll agree with those sentiments. Also, this could be one of the last acts of desperation they have to offer in the PR arena. It might just be so that the only things left up their sleeves are their arms (with a bit of luck). And still, in the PR game, they are really their own worst enemy with all the gaffes and failed cover-ups in the wake of their campaign, this stunt may also prove as beneficial to the cause as every other step they have taken.

But of course, nobody died from being cautious - not to my knowledge anyway. And Richard Clayton doesn't seem one to be easily out foxed, I hope that is also the case for him on the fly in public.


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