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http://www.theregister.co.uk/2008/08..._phorm_letter/ This is all very very heartening. These sorts of things don't go away. More delays to the trials I fear Mr ("soon") Liversage. More legal advice er... opinions will have to be obtaine.. er sought, Ms Sanderson. More humble pie will need to be eaten, Mr Patterson. The questions being asked by Fabio Colasanti seem to echo some of those asked by Congress in their letter to various advertisers. Now then UK parliament, in particular, House of Commons, smell the coffee? When the recess is over, we'd like a bit of action please. Relevant questions to HO and DBERR to ask why they can't comply with the EU request on time. |
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And despite what the sensationalist headline says, no "deadline" has been missed. The EU said they would "appreciate" a response within a month, they did not demand it. |
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Whoops! Now corrected.
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Massive news. ;) Missing the deadline to respond means the EU will only get it's teeth in deeper. It also demonstrates the UK authorities complete confusion regarding the issue. |
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The headline is perhaps a little sensationalist. The real news is the actual contents of the letter. Makes very interesting reading, and the answers will be even more interesting. :)
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Hammy after reading the letter from Google to Congress and what Congress has said over Phorm if a BT customer visits an american website or even a website that is owned by Congress would this person be breaking the law in America as they have ruled this illegal?
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Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
Hammy's getting way too much attention these past couple of days.
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This is quite a story and leaves the UK government's inaction open to question - incompetence or cover-up? They should get Adam Liversage to reply. He could just cut and paste Phorm's FAQ's and then refuse to talk to them ever again. It was good enough for BT's paying customers so I'm sure that the Commissioner won't mind. |
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So don't worry, MI5 aren't going to visit you in the dead of night and rendition you to Guantanomo. ---------- Post added at 15:38 ---------- Previous post was at 15:38 ---------- Quote:
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Would you agree Hammy that if the servers for webwise had a slight alteration of script the program could be programmed to retain more personal details without the customer knowing? |
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What you mean is that no-one has yet said that these systems are definitely illegal. If that was all that was required then we wouldn't need courts and if it transpires that using Phorm is breaking existing US law then it doesn't require a decision from Congress to prosecute those responsible. Congress are involved because the USA doesn't have an equivalent of the ICO. It takes a court to decide if the law has been broken but Congress can issue guidelines or look to creating or ammending laws if required. |
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This would be the same effect a phormed user would observe if they use their laptop to browse on a non-phormed connection (or for 3 days after changing to a non-phormed ISP) Most users probably wouldn't have a clue why they could access such a webpage and probably blame the site or their ISP. ISPs taking on Phormed customers probably should be warning them to delete all cookies after migrating to avoid any phorm caused browsing issues and continued phorm targetting based on the profile compiled while with their previous ISP. I added the default sub option to my extension to only send a forged cookie after a request has been redirected 3 or more times, in case someone enables forging phorm's tracking cookies on a non-phormed connection as it minimises the chances of it causing a problem. |
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IMHO, if there are no legal reasons not to, the full text of that letter from the EU needs to be posted on the BT Beta forum.
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Thames water would gain nothing from adding poison to the water, so have no motive. Phorm could make lots more money by increasing the amount of data they harvest. Thames Water would easily be found out as it is a simple matter to test a water sample for contamination and this is done hourly for some chemicals. Auditing an IT system to check it only does what it claims is notoriously difficult. If you solve that problem you can make a fortune in e-voting. Thames Water have a history of supplying safe drinking water. Phorm have a history of covertly gathering personal data without proper consent. |
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@ El Reg By Anonymous Coward Posted Tuesday 12th August 2008 15:24 GMT May the text of the EU letter be posted in full elsewhere? With the appropriate attributions of course. Re: @ El Reg By Chris Williams Posted Tuesday 12th August 2008 15:29 No problem. - Chris |
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(We all know what happens when things go wrong then!) |
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:) |
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Sure they might have had a few tiny teething problems, but nothing of any substance at all. No-one has died, only one chap seems to have had PC problems. All pretty irrelevant stuff in the grand scheme of things. No data retained anywhere. |
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What about all the others waiting for a test case who haven't been able to get PC Plod to take a Crime No .....! |
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"A rapist who admitted spying on his neighbours by using a camera hidden in their bedroom has been sent to prison for an indefinite period." - BBC News "Since 2003 Thames Water has notched up more fines than any other water company - £489,000 for 31 offences." - Times Online |
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Tests necessary to make sure that what is ACTUALLY rolled out is robust and complies with whatever is thought necessary. I think it will be. |
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hamster wheel ... round in circles ?
dont rise to the bait. phil |
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Sometimes you need to keep someone occupied so they don't see what's happening elsewhere.... Others can do the same though. ;) |
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Spoken personally to another 4 firms today and left the flyers
seemingly good response from them no one threw me out and they all listened Phil |
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All parties who have benefited from this testing should be very grateful for the financial savings it has offered and that it has helped to preserve their personal freedom. Despite all this assistance, the system has not yet begun to work on a method whereby websites can give permission for interception under RIPA nor have they provided any budget nor agreement for the licence fees due on the copies made of the web content which are used to create the profile. After 2 years no one has yet seen the opt-in method for the ISP customers. How many years will it take to write the opt-in method for websites? |
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Why are we spinning the wheel? I'm bored. Every time bad news needs burying the Phorm PR dilutes the content with same old same old. If we respond we dilute also IMHO.
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Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
At the end of the day its still intercepting private data no-one is allowed to do that and shouldnt ever unless that person is a danger to other people or is likeley to commit crime then such interceptions in anyones eyes are valid and relevant steps are taken to monitor those individuals.
Phorm's ideas from the outset have always been illegal it is wiretapping plain and simple, which phorm/nebuad e.t.c know full well what it is but are trying to polish the illegal activity up and tie a few £££ to it to make it attractive to isp's, if phorm ever ever get the goahead to roll this illegal activity out how many people do the isp's expect to have left?. very very soon the uk media will have to take this whole thing very seriously then we'll see how good of an idea setting wiretaps up in the isp in the sake of advertising is ;). And as for mr wheel's comments that only 1 person was harmed i belive i was harmed and the dodgy phorm kit caused problems with my hardware and im on virgin media so explain that one then because virgin media sure as hell havent to me yet. |
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The fact T told a customer who noticed he had spyware on takes the trust out for BT. The fact BT have stopped talking to customers doesn't help. You test new software not at the expense of customers, when a customer ends up buying new equipment then BT has place a finacial loss on a customer due to their covert, stealth, economy of the truth. |
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...wait a minute - none of that would have happened if we hadn't discovered the secret trials. That means it's all our fault. Oops. |
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CALL FOR A TEST CASE
I have received a lukewarm response even from anti-phorm campaigners when I suggested we should make a call on the govt, BT and Phorm to have a test case on the legality of Phorm (to examine all aspects including but not limited to RIPA, DPA, CMA, PECR, CD&P etc). I wonder if El Reg will make this call on our behalf? Why is it such a bad idea to make this call? Lord West of Spithead already made mention of a possible test case in the house of lords, and I hear from a good friend of mine that FIPR would be willing to work on the anti-Phorm case, although they don't want to pay for it (anyone from FIPR confirm this?). It would be hard for BT to argue against a test case. If Phorm is illegal, then surely better to find out now? If it's legal as they belive, then what's the worry? A test case, simple. El Reg - call on UK.gov for a test case - who could argue against this? |
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Rather premature when they haven't finished testing it yet. Would you crashtest a car before adding the airbags ? |
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I think they may have installed a teensy weensy bit of hardware as well. Like several thousand pounds worth of DPI hardware on BT Retail's side of the line. And all my data has to go through it,
It wasn't there three years ago (I think). It's there now. It'll be gone soon. I use the word "soon" advisedly. It's a BT word. |
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1, BT are not 100% sure or Emma wouldn't have been so uncomfortable answering the questions. She did put on a good show but anyone can see certain questions made her feel uncomfortable. Leads people to belive there is some economy with truth possibly. 2. Actions since the trials hit the news leads most to think there is something not totally legal going on since at the start, all kept passing the book on this. Government, BT, Phorm, Police and the abscence of Privacy International would make most think there was large payments going around to make some look the other way. 3. Refusal by some to give all information on a FOI almost seals this method of thinking, that someone has something to hide. The excuse of PRIVACY doesn't cut when it includes that our Privacy is placed at risk. 4.Phorm's past history doesn't improve the situation since the links to illegal activity is very strong. 5. BT failed even after this was in the public eye to address the situation, with customers or shareholders. |
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Still, good news about European Commission eh?
UK.gov misses deadline on EU Phorm probe Quote:
Is it the same reason why the Home Office won't respond? Here too? Or the same reason why West Mercia Police won't respond? So what's going on? |
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HOWEVER - it should still be possible to test the principle without finalising the technology, so I disagree with your point. The principle - that a piece of equipment sits in the ISP and monitors web browsing habits is illegal plain and simple - is not dependent on the final implementation or even on the method for opting in or out (it will be, in this instance at least, to quote Kent, a red herring). I firmly believe that even with consent, Phorm will be illegal under RIPA, and CD&P, because it doesn't get the consent of the "other" party in the transmission. This is my view, IANAL, and it is in line with FIPRs view. ---------- Post added at 17:51 ---------- Previous post was at 17:48 ---------- Quote:
Now, considerind that the participants to the trials didn't know about the trials, and that the trials covertly watched their web browsing habits, anyone with a copy of the Oxford English Dictionary could have something to say about Ms Sanderson's assertion here. |
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Think you'll have to find a bit more specific complaint to hang a legal case on. |
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Another principle is that it is technically not possible to pre-filter anyone's IP stream to remove all personal communications, with a multitude of web-based messaging services, therefore if Phorm captures communications it requires the consent of both parties. Not just one person. Not even just the remote website, but BOTH parties to EACH AND EVERY MESSAGE. In my opinion, IANAL, Phorm can never be legal under RIPA, although a clever lawyer may put an opposing case and only a court can decide, hence my call for a test case. Hammy - if you think it's legal, then let's have a test case and prove it. END. |
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Interesting that everytime there is an important news story or other piece of info certain people do their best to divert our attention.
This is the story that they are trying to bury. |
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That is why I'm calling on BT, uk.gov to have a TEST CASE BEFORE the tech is rolled out. Perfectly possible. That way, BT will find out BEFORE they launch the service if FIPRs argument is valid. They perhaps could also agree with gov before the test case that the slate would be wiped clean about previous trials. I'd be happy with that, although I know many out there are baying for blood. Anyway, I've got you down as an intelligent type, so I'm sure you get where I'm coming from. |
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Guys -
Stop wasting time with hammy. Why has the mainstreams press been so disgraceful? Is it time we write up a formal letter to send to newspapers? Time to protest? Start a petition? Any ideas for doing something? |
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The only problem is that at the moment there are so MANY things happening at the same time, all of which are incredibly bad news for this new technology and those who are trying to introduce it and have probably illegally trialled it. interception interference copyright privacy of data consent issues misleading trading terms and misleading advertising congressional questions EU questions delays to trials AGM embarrassment mainstream media coverage growing daily BT getting desperately tetchy and trigger happy BT Group plc beginning to spring little leaks and creak at the inter-group seams, mostly at the expense of BT Retail VM being gradually brought into the spotlight Businesses being informed of how it will affect them Parliament getting a head of steam up for the new session. No - I wouldn't want to be employed defending Webwise/Phorm by BT Retail or Phorm at the moment, not for all the bonuses in the City OR the tea in China. Lots of issues to work on, none of them involving revolving wheels. |
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I despair at our gullibility at times. I prefer page 2 showing the actual EC correspondence |
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At least the EC seems to be standing up for human rights more than can be said about any tory or labour gov ever have or will do, this whole story shows how incompetent most government departments are now and how they try to cover it over :(.
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Is the Government is already facing legal action by the European Commission? If it were true, perhaps it might also explain the 'emergency cabinet' called for September in the midlands? Just guesswork of course. |
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A few things that strike me in the light of the letter.
Wasn't it only a few days ago that BT confirmed that the trials would go ahead soon? With that letter in the background? Surely BT must have known about the letter at the AGM when it was stated that the trials would begin in a couple of weeks. It's very unlikely that they didn't know about the letter, but if they didn't, the bunker will be in a tizz tonight. :D I wonder who leaked it. I doubt it was HMG. Maybe a miffed EU commission, fed up with being ignored? Just like we have been fobbed off. Can you imagine the buck passing in Whitehall that must have been going on? In all of this, involving HMG, BT and Phorm, it's the latter who is the tiddler, the one likely to be lined up by the other two to carry the can somehow. But then Kent has a big gob. Maybe he knows things that would be acutely embarrassing to HMG and BT. I think that mainstream media coverage is not far off. Bags of it. :) |
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What gate they going to call it?
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The Downing St website has changed and the new URL to the petition is :-
http://petitions.number10.gov.uk/ispphorm/ The old URL redirects to the new one. Apologies if this has been posted before. |
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As a BT shareholder, I'm outraged that BT would be willing to do so much damage to their reputation for such a small amount of income. If BT are that desperate for extra cash, they should cut their wage bill by sacking the looney tunes who want to go ahead with this system. |
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Anyway back to phorm I feel the implications of having Phorm on the network is too high a risk. We have to rely on trust they will not function creep and personally I don't think with the present responses from all parties invovled and this includes the government it shouldn't be deployed. |
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However, if the various government departments have not been able to prepare a defence, considering how many questions have been put to them and how much FoI documentation they must have been re-reading through then it does say something about their efficiency. During the same period, the ICO has managed to answer an email from me - nothing new since the statement made in April even though there must be changes being made to the DPI software. Time for another FoI request? So far, the HO have failed to acknowledge or respond to an email I sent 27th June. I think that Florence is correct in showing an inability by those who should be responsible to cope with the whole process. The load from the EU is now putting everything under breaking strain. Maybe they are waiting for the trial results to show that they have done a 'good job'. ... and Jumbo was his name. |
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OK - so any ideas about getting the issue into the mainstream press?
I've emailed Charles Arthur with the Reg article re: the EU letter... |
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At least the redirect keeps links 'live' for a while. Can someone let us know when the Webwise leaflet is updated for the new address? Can't say I like the new site. They try to be all accessible and then default to a font size of 0.8em - just as well I have a browser with a good font set (and set to a minimum font size) ---------- Post added at 21:01 ---------- Previous post was at 20:50 ---------- Washington Post update re Congress responses http://www.washingtonpost.com/wp-dyn...70.html?sub=AR "The revelations came in response to a bipartisan inquiry of how more than 30 Internet companies might have gathered data to target customers.... Markey said he and his colleagues plan to introduce legislation next year, a sort of online-privacy Bill of Rights, that would require that consumers must opt in to the tracking of their online behavior and the collection and sharing of their personal data. But some committee leaders cautioned that such legislation could damage the economy by preventing small companies from reaching customers." They got that last part right |
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Exactly. And I've just wasted a long jounrney scrolling through pointless diatribe, I was tempted to spin that wheel for a moment myself. We should all learn from this - ALL of us. We should be focussed on what is actually going to make a difference. Spinning that wheel does nothing whatsoever except kill time. Why are they not answering the FOI requests quickly, why the withholding or nil answers, why the refusal to investigate fully? If Sir Paul Kennedy is so keen on encouraging the legal use of RIPA 2000 (see today's Metro newspaper front page which was on display several times over in train carriages today) - to snoop on citizens to detect and convict criminals, where is the flip side of that approach to stop the illegal interception without warrant and not for anti-criminal efforts? Should we put in an FOI request to ask who is being consulted to complete the response to the EU letter? They don't say who is involved yet do they? Anyone got any idea if the Interception of Communications Commissioner is bound by the FOI Act? Should we ask him what he knows? Not sure if it is a valid approach in his role - anyone know? Hank |
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We need to stay focused, chaps. |
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It felt really good reading that letter from Fabio Colasanti When we stick to the task in hand its amazing what we can achieve. Add the EU to the list of organisations being REphormed by having been INphormed. |
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Ok All good luck in your fight I have decided to leave this thread hope you all succeed but I disagree with what has happened after posts today. One person decides to act as god on what we can discuss in the thread.
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What? Who has decided what can be discussed?
Flo, please don't leave. |
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Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
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If they are an opponent - what are they most scared of? If an ally - what would be most helpful to them? Try and leave your own party politics at the door. I've found politicians of parties I don't care much for, can be surprisingly decent people and very helpful if you don't slag them off unthinkingly. For example, pursuing the EU angles, may work better with LD politicians than Conservative ones - maybe the latter will respond more sympathetically to what the US Congress are up to. Be aware of internal issues re: Labour leadership politics at the moment. To know what a Labour MP will do requires a fair bit of research! Are they lobby fodder or do they think for themselves, or are they born rebels who just like making trouble for a minister they don't like? Think carefully about balance of power within Tory circles vis a vis David Davies etc. Remember that the bigger the department the less the Minister/Sec of State will know about any particular issue. Their first priority is usually what is on the front page of the Sun and the Times (Mr Murdoch's papers). We aint there yet. But if they can be taken to the window and shown clear simple embarrassing evidence of skullduggery, and the fact that it is already in the public realm or soon will be, and that THEY will be held responsible for dealing with it, then they will act, or at least want to LOOK as if they are doing something (what in Yes Minister was usually called a "full leak enquiry" whose aim was to keep everyone happy and NOT find out the source of the leak). Often you AREN'T going to actually find the smoking gun, but that doesn't matter. The very fact of worrying about the smoking gun, and having to work hard to bury it, can result in a project being ditched, just to keep everyone happy and encourage the hunting dogs to go after something else. Suits me if the project they ditch is DPI. Remember that the problems inherent in some government departments are way bigger than party politics or any one government, Home Office being a case in point, and DBERR being another. These departments have cultures, and long standing problems, vulnerabilities and weaknesses. Both have a very strong aversion to daylight. So pull the curtains wide and let the sun in. I would recommend anyone to read the full set of Yes Minister and Yes Prime Minister, and remember that Mrs Thatcher never missed an episode if she could help it - most politicians say it was far more accurate than anything else ever written about politics. I think I should get mine down and read them again and see if I can find an episode or two about Phorm and BT. There are people who want to help us, if we respect the political realities they all work under. I have a feeling the media side of things is working well. The damning news is out there and the right people are seeing it and now what it could mean. Now we are into politics and that is a much more crafty business and it will require discipline and some subtlety and sophistication. Politics will be getting something DONE about this wretched technology. Politicians need to see what it is going to cost them. They thought DPI was all gain for government, and no loss. We need to convince them it isn't worth the security gains they thought it might bring them, in fact it could make things worse, proabably already has. We need important people to be angry about what BT have done, and what certain culpable wrong headed officials have done in Home Office and DBERR to create this embarrassing mess. |
Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
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Dave. |
Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
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(Don't want to publish names here, PhormPRCutPasteNinjaSockPuppet will obviously relish a 'must call' list helpfully provided by me). |
Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
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That should keep them busy for a bit. |
Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
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Only two types of people dictate what I post on this forum and they are the ones who have the shiny badge under their names which says Moderator or Administrator. I am not afraid to debate with those who disagree with me because if I give them enough rope they tend to hang themselves. Someone on this forum would do well not to take themselves so seriously... The one attribute which probably gives us an advantage over the money grabbing individuals we are fighting is that: We're just people |
Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
http://www.theregister.co.uk/2008/08...ates/comments/
In the comments section of The Register Home Office/Phorm article of the 11th, David Pollard makes a very good point. (21:24 GMT). If the Home Office didn't know about the trials, where many tens of thousands of UK citizens had their communications intercepted for extended periods, then they have fallen down very badly on their national security remit. Even if BT hadn't told them, they should have known. |
Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
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Black for printing 2-up landscape 2-sided on A4 paper and then guillotining into two A5 flyers (probably the most useful format): http://www.inphormationdesk.org/Phorm_Flyer_2A5.pdf Black for printing 2-sided on A5 paper: http://www.inphormationdesk.org/Phorm_Flyer_A5.pdf Original navy A4 with optional House of Commons and BT addresses on the back: http://www.inphormationdesk.org/Phorm_Flyer.pdf Special edition for MPs, navy A4 : http://www.inphormationdesk.org/Phorm_Flyer_MP.pdf |
Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
So the breaking news that UK.gov misses deadline on EU Phorm probe makes it into the Netherlands Telecom Paper (subscription only).
The story is propagating around the net but no sign of it in our tabloid websites yet. Note this extract from the EU letter: Quote:
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Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
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Then ISP's commercially can't afford to let go on that one. And they won't unless they are clearly told they have to make the default sitatuation that customers are not opted-in unless they choose actively to do so. Comparing our situation with the States - we have the laws that apparently make it mandatory to ASK customers to opt-in themselves, whereas they have a Congress that is vigorously flexing it's muscles, but don't yet have the laws to get what they want. We have a government that seems to wish we DIDN'T have the laws and is trying NOT to enforce them. |
Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
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Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
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Thanks for that - peed myself ! |
Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
To any new viewers of this forum, check out the interesting developments mentioned on el reg yesterday.
EC interesting letter about Phorm and the Government (see page 2 also) |
Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
Right today can we leave the hamster alone please?
While that lot was going on yesterday i was out talking to local businesses. What's more important toying with the brain dead or getting the job done? Flo get back here now! If this offends some sorry but I'm narked Phil |
Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
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Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
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If a question needs answering in respect to Phorm, I will answer it whilst attempting to keep the thread dilution down to a minimum! |
Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]
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