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Old 12-08-2008, 17:56   #13852
HamsterWheel
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Join Date: Jun 2008
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Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]

Quote:
Originally Posted by oblonsky View Post
The principal - that a piece of equipment sits in the ISP and monitors web browsing habits - is not dependent on the final implementation or even on the method for opting in or out (it will be, in this instance at least, to quote Kent, a red herring).

I firmly believe that even with consent, Phorm will be illegal under RIPA, and CD&P, because it doesn't get the consent of the "other" party in the transmission. This is my view, IANAL, and it is in line with FIPRs view.

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Ah, but the principal is surely long established that monitoring anyone is legal as long as they are happy to be monitored.
Think you'll have to find a bit more specific complaint to hang a legal case on.
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