[popper]

Originally Posted by 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 [they have broken RIPA due to the BT DPI kit used], 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 [but will have already had it BT DPI Intercepted and collected], and no information will go to the BT managed profiler. No information is gathered [wrong, you have already gathered,another word being collected said information to determine if they are opted out, and processed that ram based collected data], and therefore no information is forwarded to Phorm. Customers who opt out will not come into contact with any Phorm-managed equipment [but again you miss the point, YOU have intercepted the data against RIPA regulations, and you are informing the readers you are doing this without prior EXPLICIT consent in this PR letter, not such clever thing to do id imagine]. The www.bt.com/webwise site also contains detailed information [enough to see you are breaking another law at least, regarding storeing and/or reading your data cookie without consent] 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 [which will make these new terms invalid as an unfair term...]. 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. [due to the fact YOU already know you cant plant or read a cookie on the users machine without Explicit consent and if you do its as above, unlawful, you CAN NOT break RIPA to get consent, so you dont break RIPA doh, and every single one of the "NO" consent returns is exactly that ,breaking RIPA yet again in this new trial and whith the data commissioners office personel (we assume is there live and in person?) seeing you break it most basic RIPA/PCER etc]

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. [apart from the fact any webpage script can see the cookies you placed there and so opening up a can of worms for tracking this cookie on all opted-in customers OC] 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 [SO YOU DO openly admit to using the RAW DPI data ]- by the time the page loads. [ and that doesnt matter after the event, as you have already collected and processed this raw data in the ram of the DPI kit] Webwise does not scan webmail pages [ as in.., it doesnt scan the very limited ones you have put in your blacklists files..., your forgetting about the masses of potential webmail pages you dont know about OC] so our customers emails on Gmail, Yahoo mail or Hotmail are not scanned.[ great, now what about any of the wireless community webmail server pages serving the worlds 10,000's+ of community wireless users in the EU alone, did you forget about them, as one single example for instance] 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 [carrying out, as in not finished, or known what it will contain as yet]a Privacy Impact Assessment on Webwise technology. Of course BT, and I am sure [of course you are]the same applies to TalkTalk and Virgin Media, have all completed appropriate due diligence on Phorm,[ROTFL, if thats your idea of due diligence your in a real mess and need to learn how to use a search engine] we also understand that other ISPs both in and outside of the UK are currently talking to them.[and so what, is it going to be your defence that several ISPs getting together and collectively calling this an industry practice and so, some how gives you the right to break UK law?, "industry practice" does not UK law make....]

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

Alexander, you might try asking her to supply you this so called existing BT have obtained extensive legal and other external advice

legal documentation, or at least the names of the people they consulted. then....