[Florence]

Originally Posted by R Jones

I've just reminded her of those issues today as well. She also mentioned in her reply to me that the interstitial page in the ICO/FOI bundle was a draft and that she was confident that the final one would meet requirements of the legislation. So I have reminded her that she was confident that the 2006/2007 trials were legal but the ICO differs, and that no one had mentioned the Consumer Protection from Unfair Trading Regulations 2008 in respect of the interstitial/invitation page.

My email included the following:

IMHO - in order to be remotely legal the "interstitial page" will need to

a) only be offered to customers while they are logged in to and visit a bt.com or BTYahoo page, and only while the customer is logged in as the primary account holder. (not offered to minors, not offered to sub account holders). If the page pops up during ordinary browsing of non BT sites it will constitute an illegal interception - effectively a browser hijack.

If it is offered to minors, then the change in the T&C's of the primary account holder that their acceptance will involve, is UNenforceable, and if it is offered to sub account holders, then the change in T&C's that their acceptance will involve is unenforceable.

You will also need to address the issue of targeting of adverts to minors and explain that in the invitation page so that the primary account holder can fully evaluate that particular issue.

b) contain adequate information about Webwise technology which the copy sent to the ICO certainly does NOT, in order to conform to the Consumer Protection from Unfair Trading Regulations 2008. Representing Webwise simply as a means of reducing irrelevant adverts, or antiphishing protection, will be a breach of these regulations.

c) only be offered if the informed consent of website owners that the customer might visit while participating in the trials, can be obtained and verified BEFORE their unique data exchange with their customers is profiled, before the content of their websites is copied and exploited, before derivative copies of their websites are made for commercial gain (a CRIMINAL offence) and before forged cookies are made incorporating their domain name. You should be aware that there are many websites out there waiting for Webwise customers to visit their sites, at which point they will commence reporting BT for criminal (yes - criminal) breaches of the copyright laws.

d) the trials can only proceed if there is absolutely NO way that ANY traffic from non-opted in customers goes anywhere near the Phorm software. I am unable at present to see ANY way in which you can legally intercept traffic of all customers to find out whether they are opted in to the trial without access to BT Wholesale equipment or by illegally intercepting the traffic of non-opted in customers.

Hopefully that will give ES something to think about, and at the very least, they can't say they weren't warned.

Well put maybe more needs to email the same or similar... Hope you asked for a read reciept since the last one I sent was deleted without being read.