Letter written to Neil Berkett. Includes Nicholas Bohm's legal analysis and letter to the Home Office...
"This second document may seem spurious as far as Virgin Media is concerned. However, given the secret testing of this technology by BT in 2006 and 2007, questions are now being asked as to whether Virgin Media have ever tested any of Phorm's technology or any similar technology.
I must now ask for your written assurance that no such tests have been undertaken and that if any are to be undertaken then all customers will be informed by letter as well as e-mail clearly stating such tests are occurring and offered an opt-out which is network based and will prevent any data going to Phorm's systems. This is important to me and many other customers – if you cannot provide such an assurance then customers will perceive that Virgin Media is no better than BT. Customers will then want to know who was affected by such a trial and, as you will see from Mr Bohm's analysis, Virgin Media will be open to legal action."
In other words, thanks for the phone calls but this time I'd rather like it in writing. I've pointed him to the meeting footage too.