Quote:
Originally Posted by AlexanderHanff
According to Phorm PR they are not being passed the data by the ISP, it is their equipment doing the listening and the ISP don't have any access to it other than the fact they can physically touch it.
I guess it boils down to who the Layer 7 network technology belongs too, so far we have been led to believe (through their PR) that it is Phorm's.
Alexander Hanff
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I think that it's the layer 7 DPI kit that Phorm are going to "gift" to the ISP to get around the "none of your personal data is transmitted outside the ISP's network" issue. Once "anonymised" by the "anonymiser" hardware (?also gifted to the ISP by Phorm, and therefore allegedly still "inside" the ISP's network), the profile is then passed outside the ISP's network to the Phorm-owned ad channel server box (which could still be located physically inside the ISP's data centre, but is considered to be outside the ISP's network because it belongs to a third party). Apparently this final relay of data does not include the customer's IP address, so Phorm can claim that
they receive no PII about the customer.
None of the above alters the fact that the interception, even if it's done by the ISP, is being done for reasons other than essential maintenance of the network, so is illegal within the terms of RIPA without explicit consent of both parties to the communication.