[rryles]

Originally Posted by Rob M

Worth noting that, in intercepting the communication and sending it to the Phorm servers, they are making it available to the Administrators of those servers (who would presumably be neither the originating sender, or the intended recipient of the original transmission).

Just a thought

I'm certainly convinced by that argument. Unfortunately, it is only the opinion of a court that really counts. (Well maybe the majority of consumers who will leave there ISP if it adopts phorm count too )