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Like it or not you have to accept that Phorm Inc. have every right to try and enter this market with their business model and I don't doubt that on some level they will succeed. This is possibly the largest global market that there will ever have been and Phorm will not be the only players. The only thing we can hope to do is to ensure that they do it within the parameters of every applicable law and that we ensure that people operating such systems give non-consensual users every opportunity to be apart and distinct from the technology.
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I think this is the key problem I have with the technology. It is so obviously skating thin ice as far as the law is concerned. The problem seems to be which laws should apply. We see Phorm and BT playing one set of laws against another, one department against another. The one thing this debate has illustrated is that the (new?) law needs to be much clearer.
There will be a host of companies waiting in the wings once Phorm is in general use and you can bet that their proposals will be way beyond anything currently proposed by Phorm.