[AlexanderHanff]

My reply from Emma Sanderson:

Mr Hanff

Thank you for your email and of course I am disappointed to hear about the proposed subject of your dissertation.

As you know BT has confirmed that we conducted two small scale technical tests of a prototype advertising platform, one during September - October 2006 and the other in June 2007. In each instance, a small number of customers on one internet exchange (they were two different internet exchanges) were randomly selected for the test and were completely anonymous. Absolutely no personally identifiable information was processed, stored or disclosed during this test. BT has no way of knowing - because the trial was completely anonymous - which customers were part of the test. The purpose of the tests was to evaluate the functional and technical performance of the platform and they were transparent to all but a very small number of customers. It is important for BT to ensure that before any new technologies are deployed, they are robust and fit for purpose. BT took legal advice at the time, both BT and Phorm have obtained extensive legal and other external advice on Webwise functionality over the last two years.

BT has also said that we expect to begin technical trials of the BT Webwise service in the coming weeks. We will be inviting around 10,000 BT broadband customers to take part in the trial. The trial invitation will be presented through a special web page that will appear when those customers start a web browsing session. At this point, those customers invited can choose to switch on BT Webwise, choose not to take part or to find out more information. Customers choosing not to take part will not have their browsing information mirrored or profiled, and no information will go to the BT managed profiler. No information is gathered, and therefore no information is forwarded to Phorm. Customers who opt out will not come into contact with any Phorm-managed equipment. The www.bt.com/webwise site also contains detailed information on the service and a one-click option to switch the service off, which can be activated at any point during the trial. Alternatively customers can block the www.webwise.net domain. The BT Privacy Policy and BT Total Broadband Service Terms will be amended accordingly. As you may have seen, BT has also confirmed publicly that in parallel with the trial, we are already developing a solution for customers that do not want the service - that removes the need for 'opt-out' cookies altogether.

I should also stress that prior to the announcement BT thoroughly researched Webwise and was encouraged by the very positive consumer response to the service.

Clearly our customer's privacy is extremely important to us. Information on users’ browsing is completely anonymous. The system doesn't store personally identifiable information, doesn't store URLs, IP addresses or retain browsing histories and the raw data used is deleted in real time - by the time the page loads. Webwise does not scan webmail pages so our customers emails on Gmail, Yahoo mail or Hotmail are not scanned. Secure pages like banking websites and web forms like any online registration or sign-up forms are not scanned. No personal information often contained in form fields is therefore ever captured by the system. No data is passed outside of BT's network. Webwise privacy standards have been verified by external auditor Ernst & Young and leading privacy advocate Simon Davies, MD of 80/20 Thinking, has also carried out a Privacy Impact Assessment on Webwise technology. Of course BT, and I am sure the same applies to TalkTalk and Virgin Media, have all completed appropriate due diligence on Phorm, we also understand that other ISPs both in and outside of the UK are currently talking to them.

BT is, of course, aware of the legal requirements regarding interception of communications under the Regulation of Investigatory Powers Act 2000. We consider that these steps will meet the legal requirements of RIPA and also ensure that customers are able to take a fully informed decision as to whether to take the service.

To summarise, our customer research shows that lots of people would be keen to see advertisements that are relevant to their interests, we are planning to trial the service shortly, BT customers may be invited to participate in the trial (via a webpage) but the choice as to whether or not they participate is entirely theirs. Furthermore BT is committing to providing it's customers with a choice as to whether they want this service - it will be optional.
Regards
Emma
(Emphasis added)

Note the bold paragraph I have highlighted. Interesting how she states the opt-in they are implementing will satisfy RIPA. It could easily be interpreted that the lack of the opt-in process for the trials failed to satisfy RIPA.

Alexander Hanff