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BT has not answered The Register's question, posed on Friday morning, over whether it believes intercepting and profiling the web traffic of 18,000 customers without telling them was a lawful act.
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RIPA does not have a "get out clause" except for those relating to criminal/state investigation. It does not matter if BT and Phorm later sent their users data on an all expenses paid holiday to Disneyland. It was intercepted illegally in breach of criminal law.
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However, an email written by Virgin Media director of corporate affairs Paul Richmond suggests the cable operator could yet pull out of its own deal with Phorm. He wrote: "We understand our legal position here [is that] we effectively have a MOU [memorandum of understanding]. We will work with this technology through trials and by sharing our understandings with the other large ISPs."
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In plain English "we can back out at anytime we are just waiting to see what BT gets away with"
Just what I want from VM - a nice non-committal weasel statement
TIME TO TAKE A SIDE VM