Woke up to find that BT has admitted lying over testing with Phorm last summer:
http://www.theregister.co.uk/2008/03/17/bt_phorm_lies/
It took long enough for Virgin Media to get a response to me but I have it here. I wrote to the Group Compliance Office, 160 Great Portland Street, London W1W 5QA.
It reads:
"14th March 2008
Dear CaptHunter
I write in response to your letter received 5th March 2008.
First I would like to clarify that whilst there has been a lot of press speculation regarding a tie up between Virgin Media and Phrom, nothing has yet been implemented and we are still carrying out our analysis of how we will deploy Phorm's product offering, together with any potential impact of this operationally and from a customer perspective. Further analysis and testing is anticipated prior to any deployment of the Phorm product offering by us.
Before any new technology is implemented onto Virgin Media's network we always ensure that the technology is subject to rigorous due diligence and we will not roll out new technology until we are satisfied that it is compliant, as such we will ensure that all relevant legal and privacy compliance issues are appropriately addressed to our satisfaction before rollout.
You may be interested to know that independently Phorm have been in discussion with Ofcom, Home Office, UK Information Commissioner and are talking to the European Commission regarding their product, to provide clarity on how their product offering works and to directly address and placate any concerns that are/have been raised by these bodies. I trust that this demonstrates that they are also ensuring that they are taking concerns of users on board and that they are seeking to ensure their product is compliant and meets the requirements of the various regulatory bodies that regulate this area.
When Virgin Media does roll out this solution provided by Phorm, all customers who are due to receive the service will be notified of such and will not be forced to use the system, fully in accordance with Regulation 6 of the Privacy and Electronic Communications (EC Directive) Regulations 2003. However, to reiterate, no solution has yet been implemented and will not be until we are confident that it is compliant to do so.
Yours sincerely
Ian Woodham
Virgin Media Group Data Protection Officer"
No reference is made to my refusal to allow any data to be passed on to any other companies, nor is any detailed mention of the "due diligence" (a phrase I have utter contempt for as it's always covered up in my experience), the shadowy past and questionable ethics of Phorm or the point that I shouldn't have to accept a cookie to opt out.
It's not quite a complete whitewash with all the bs about improved web experience but it could have been more detailed given the 12 day wait I've had before getting this response.
I'll think for a while before putting a response together. Thoughts anyone?
---------- Post added at 16:31 ---------- Previous post was at 16:30 ----------
The Foundation for Information Policy Research argues that Phorm is illegal:
http://news.bbc.co.uk/1/hi/technology/7301379.stm