Alex @ Phorm
What about the potential Fraud that may be occurring by your system pretending to be a web site that it is not?
From Dr Richard Clayton white paper on how Phorm works:
"The Layer 7 switch will see that the request does not contain a Phorm "cookie" and will direct the request to a machine located within the ISP network that will pretend to be
www.cnn.com and will return a "307" response which says, in effect, "you want that page over there". The page that will be directed to is webwise.net/bind/?<parameters>where the parameters record the original URL that was wanted."
The key is "will pretend to be www.cnn.com" (or obviously any other website you are surfing.
Is this not a Fraud against Fraud Act 2006, and exactly the same type of Fraud as Phishing, by impersonating a website that you are not?