Ref
http://cryptome.org/ho-phorm.htm (dated 11 March 2008), I have emailed Simon Watkins to ask him:
(1) On what basis do you think website owners' consent to interception is generally implied (para 15)? What if the web page presented formed part of a private or tailored communication with the user - for example, a commercial quote or a message?
(2) How lawful is it if opted-out users still have their communications intercepted and inspected anyway, just not analysed?