Tag Archives: All-party Parliamentary Group On Communications

UK Now On Final Notice Over Phorm

Phorm and the UK “government” might just come to realise that the backlash against internet snooping and illegal DPI based advertising is a serious one.

The EU has announced that it is moving to the second phase of its proceedings against the UK government over its failure to enforce laws protecting internet users’ privacy.

The Register starts its report on this story thus:

The UK government today came a step closer to international embarrassment over its failure to act against BT and Phorm for their secret trials of mass internet snooping technology.The European Commission said it had moved to the second stage of infringement proceedings after the trials, revealed by The Register, exposed failings in the UK’s implementation of privacy laws.

BT and Phorm intercepted and profiled the web browsing of tens of thousands of broadband subscribers without their consent in trials in 2006 and 2007.

The furore generated by the scandal forced Phorm to withdraw from the UK market, but police and the Information Commissioner’s Office both declined to take any action against the firms.

One might have thought that this news would be worthy of discussion at Phorm’s upcoming AGM.  But I doubt that will happen.  After all Kent Ertugrul has yet to respond to my challenge to publish a verifiable legal opinion backing the legality of his Webwise “product”.  It’s been about 18 months since I made that challenge.

The comments after El Reg’s report are good stuff and one or two have suggested that those involved in collaboration with BT and Phorm could well get away with their involvement in breaking the law.  That must not be allowed to happen.  As I said in my submission to the APComms Inquiry (report is a PDF document)

Jamie Dowling felt that enforcing the law was important, even for events in the past that might not recur:

The failure of government and watchdogs to enforce existing law in relation to the 2006 and 2007 secret testing by BT and Phorm provided a seed from which a very strong campaign has emerged.

Government must enforce the law wherever it is broken, regardless of whether an individual or a corporation has broken the law.  Government has a duty to respect and enforce European law to which it is a signatory.  It has failed to do that and rightly faces legal action for that failure.

Nazi war criminals are still prosecuted for their crimes from years ago.  Other criminals are prosecuted for their crimes in previous years.  Why shouldn’t those involved in allowing these crimes to happen face judicial process?

Those involved in the collaboration with BT and Phorm, whoever they are, whatever their status and regardless of for whom they were working must face the courts.

Dominic Grieve: A Good Start But Misses ICO Unfitness For Purpose

Shadow Secretary of State for Justice Dominic Grieve QC MP has announced a list of proposals a future Conservative government would put into place to “reverse the rise of the Surveillance State”.

Sounds good but what are the facts behind the soundbites?  More importantly what are the omissions behind the soundbites?  What isn’t said is as important as what is.  Specifically with reference to the Information Commissioner’s Office, a body which Mr Grieve wants to give more powers to.

Those who have followed the Phorm story will no doubt be aware that the ICO is complicit in allowing Phorm and BT to get away with their secret and illegal tests as any other government department.  Perhaps even more so because it is not unreasonable to expect those charged with the guardianship of Data Protection legislation to have a decent understanding of such legislation.

Mr Grieve has failed to understand the Information Commissioner’s Office complicity.  Perhaps he doesn’t know about it.

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APComms Inquiry Submission

Mine is completed and in.  It’s surprising how much you can fit into four pages.

That’s four pages of referenced facts.  No spin anywhere.

I know some other people who have made their submissions to the Inquiry.

Again all referencing solid facts.

Get your submissions in quickly!

Some People Think Ethics Is A County North Of The Thames

The NoDPI forum has been subjected to a continued trolling campaign over the last 24 hours from supporters of Phorm and other peddlers of DPI technology products.  A statement on the NoDPI website explains:

This evening our forums were placed under siege by a number of Phorm supporters – this is not the first time this has happened but tonight’s attack was the worst so far with the responsible parties posting pornographic video links into our forums and making personal attacks against members.

The trolling has continued during today.  Now whoever is doing this is clearly lacking in class and ethics and also any understanding of the legal question marks over Phorm’s “Webwise” product. Looks like some people really do think ethics is a county north of the Thames.

So for newcomers to the Phorm discussion here again are A Few Facts About Phorm.

It’s not about emotive statements.  It’s not about smear campaigns.  It’s about facts.  It’s about trustworthiness.  It’s about Phorm being open, honest and showing that they behave to the highest standards of conduct (although recent events have driven a coach and horses through that.)

Ultimately it’s about legality.  Respecting and obeying both the letter and the spirit of the law.

Ah yes, my challenge to Kent Ertugrul.  It still stands.

Don’t forget the countdown to get your submissions in to the All Party Parliamentary on Communications inquiry.  Remember that you’ve got four pages.  Nothing more.  The hard bit is deciding which stuff about Phorm and DPI to leave out!  And you can bet that anything I leave out will be covered by others.

Countdown

That’s how long you’ve got left to get your submission into the All Party Parliamentary Committee on Communications Inquiry.  Hereafter referred to as APComms.

The requirements for submissions are clearly and explicitly laid out. For those who think the rules don’t apply to them here’s a little message from the APComms secretariat:

Dear Jamie

I can confirm that all responses submitted to the apComms inquiry will be required to adhere to exactly the same requirements as set out in the press release. Review of submissions will be undertaken impartially.

In other words, everyone has to comply with the specification as it stands.  Including Phorm.

Got that Kent? Phorm get their 4 pages, just the same as me, just the same as everybody else.

That’s four pages, Kent.  Comes after three and before five.

Four.  As in

  • The number of people in Heaven and Hell
  • Four Feather Falls
  • The number of Tom Baker’s regeneration of the Doctor in Doctor Who
  • The number of seasons Blake’s 7 ran for
  • Album titles by Blues Traveler and Foreigner
  • The number of people in country group The Highwaymen
  • The number of Horsemen of the Apocalypse
  • Kevin Pietersen’s position in the England batting order
  • Buddhism’s Noble Truths
  • The number of Gospels in the Bible
  • The Cardinal Directions

Four.

Four.

Four pages.

Got that Kent?  I’ve tried to spell it out for you as clearly as I can.

This entry has been bought to you by the words APComms,  inquiry and  submission and the number 4.