Here is the letter I posted to liberty on friday afternoon. I am posting it here so that others may use it as a very basic template upon which to write their own letters if they so choose.
Please feel free to edit it and rewrite it as you see fit. I am sure its full of grammatical errors. I am sure some of you will be able to refine it a great deal. I will of course post any response I may get.
Dear Liberty
I write to you regarding an issue of great concern to me and others. Recently I emailed your press office to bring your attention to a worrying development in the arena of online-privacy. Notably that 3 of the United Kingdoms biggest Internet Providers have signed a deal with an ex-spyware company called Phorm.
This company, in its previous incarnation as 121media, developed a system called People On Page. This system utilized the Apropos rootkit which was categorized by many computer security companies as spyware. This spyware caused thousands of people hours of frustration trying to uninstall it from their computers.
Now this company has signed a deal with BT, Virgin Media, and Talk Talk/Carphone Warehouse to place servers within the networks of said Internet providers to monitor customers online browsing and then to use the information to build a profile that will lead to supposedly more targeted online adverts.
Put simply, this system is the online equivalent of the Post Office opening our letters, reading them, and then using what they have read to build a profile on us so that they can send us a better class of junk mail.
So far there is no way to opt out of having your data profiled by their system. The so-called “opt-out” only relates to opting out of the delivery of their ads. Even if opted out our data will still be intercepted and mirrored to their profiler within the Internet Providers network.
So far a petition against Phorms’ technology on the Downing Street website has garnered almost 9000 signatures in a matter of only a few weeks and has now broken into the top 20 petitions. More information and background on the story can be found at the links at the bottom of this letter.
Already questions have been raised as to the legality of this system and the Foundation for Information Policy Research has already written an open letter to the Information Commissioners Office arguing that these proposals violate the Regulation of Investigatory Powers Act 2000 and are possibly an infringement of the Data Protection Act.
British Telecom, in collaboration with Phorm, ran a trial of this system last year and did so without obtaining any consent which means that it potentially violated RIPA. Initially when presented with evidence of this by various technologically literate people last summer they denied all knowledge but finally this month they have come clean and admitted that they lied and that they did carry out a trial of this system. Already legal action is in the early stages of being prepared. One person has attempted to report this to the police, given that offences in the scope of RIPA are criminal acts and can carry a sentence of up to 2 years in prison, but they were unsuccessful as the police refused to issue a Crime Reference Number.
I have already written to my MP and all the MEPs for my area but have had only one response so far which is another reason why I have decided to send this letter to you.
Given that you have a well known and well respected history of activism in the Human Rights and Privacy arena I am curious as to whether you have any comments to make or whether you are even aware of this issue and the potential threat it poses to online-privacy.
I would greatly appreciate it if you would look further into this issue. The information commissioner has already warned that we may be sleep-walking into a surveillance society and the technology and systems that Phorm are developing, in my opinion, represent another step in that direction. Lastly, please be aware that I intend to publish any response I may get from you on assorted websites where this discussion is being debated furiously.
Yours sincerely
For background information please visit these links:
http://www.theregister.co.uk/2008/03/04/phorm_ripa/
http://www.theregister.co.uk/2008/03..._fipr_illegal/
http://www.theregister.co.uk/2008/03...n_phorm_uturn/
http://denyphorm.blogspot.com/2008/0...ort-crime.html
http://petitions.pm.gov.uk/ispphorm/
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The address for Liberty should you wish to write to them is:
21 Tabard Street
London
SE1 4LA