Quote:
Originally Posted by gnilddif
Has anyone got an answer to this legal matter. Maybe it's been asked already, but I've not seen it.
As Chief Technical Officer in our family, I configure our systems to allow and deny access to sites, I expect to have the freedom to make my own decisions about any measures I wish to take, and I do not propose to use BT software. If I include certain Webwise/phorm/oix entries in the hosts file such that, because of the nature of the Webwise intercepts, all browsing is killed, as BT have warned might happen, do I have any legal redress against BT, because they are refusing me direct access to w3.directsiteaccessofmychoiceDITcom, something that I assume they are obliged to do as my ISP?
gnilddif
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Very good question!!
I'll try to reply - I apologise for any sarcasm or apparent ridicule - it is not directed at you, but at the companies responsible for this Phorm/Webwise business.
Two different types of answers needed, (what privacy campaigners maintain is the legal situation - and what BT think is the legal situation) and in respect of two different real-world situations (the trial and then the final rollout of Webwise)
I can tell you what BT have said. I will leave others with better legal understanding to tell you what their interpretation of the relevant laws is (when not looked at through the BT spectacles!)
First - for the trial. Which we are currently informed is a cookie-based trial. May change, but cookie-based is the current info.
BT have certainly told us as account holders that WE must oversee our accounts and WE must oversee the use of Webwise by all users of our network.
Somehow. They don't explain to me how I can oversee my adult daughter's use of her laptop and BT sub account on my home wireless network sharing my IP address when she visits from London, but never mind - it is my responsibility to do that according to BT. I'll probably have to beat her up or tie her up or something - (joke!)
So you DO have to do something. BT told you to.
So it would be reasonable for you to want to exercise the control, they are on record as telling you, that you must exercise.
They are also on record as saying that if you want to be permanently opted-out, and don't want to keep getting Webwise invitations coming up on all the browsers of all the machines in use on your network (you had to walk in with a Webwise invitation to mine - play it again Sam - sorry - Humphrey Bogart moment there) - you could/should block the domain webwise.net in terms of cookies on eachmachine if ou can get hold of them - and BT say you must! (I am NOT referring to blocking in a hosts file - They did mention blocking the domain in firewall/hosts earlier but I think they have moved on from that - although not with any great clarity) - so I think the BT answer to someone blocking webwise.net in their hosts file/firewall and suffering broken browsing would be that BT said -
don't do it. (although they said
DO do it earlier in the year).
Confused yet? They (BT) certainly are.
They have not made it clear how you are supposed to block cookies (and keep them blocked) from webwise.net on the separate machines of adult users of your network, sharing your IP but presumably you have to demand access to their machines and make the necessary changes, and then I suppose check those adult's or children's machines before and after each time they use them to make sure they haven't opted in to Webwise against your wishes by unblocking the cookies and responding to a Webwise invitation.
If anyone DOES opt in, just once, to the Webwise trial, (even a minor) using your home network and IP address, without your knowledge then you are automatically and irrevocably given new T&C's. The action of this other person is interpreted by BT as YOU agreeing to a change in T&C's which implies YOUR consent to Webwise. You have now suffered a material change in your T&C's and BT think that they can enforce that in law.
The current published information is that the Webwise invitation will be presented during a "browsing session" so the person using your network and IP address does not even have to be logged in as a BT ISP user - merely using your network (as far as I can see, reading the BT runes on the subject)
The final rollout - that's simple. We know virtually nothing about the final rollout so it is mostly speculation. I don't think anyone can comment with any degree of confidence about what will or will not be done. I certainly won't.
As you can see, the trial situation, based on questions already asked of BT and information already published is a legal nonsense in terms of shared use of a home network. BT have said nothing more than these two things:
Sorting it is YOUR problem
If anyone signs into Webwise trial on your IP address/network then your T&C's are deemed changed. This has consequences for you. Tough!
They maintain that is all legally quite straightforward.
IMHO they live in cloud cuckoo land.
If you find the above ridiculous and infuriating, then you are in good company!
Hope that was helpful.
If I've got any of this wrong please do correct me.