Tag Archives: Deep Packet Inspection

Coalition FAIL On Privacy: Snooping Is Go (Updated)

October 20, 2010 7:55 pm \

I’ve done a lot of clearing up other peoples’ mess in my life and career.  Most of these messes were the result of people ignoring my advice, things going pear shaped (as I had said they would) and then being asked if I would remedy the now fouled up situation.  I’m sure those of you who are or have worked as techies for any length of time know the sort of people I mean.

When things really went titsup I was often asked to not only help clean up the mess but do so in a way that ensured the titsup situation would never happen again.  Those responsible for things going titsup in the first place would wail their innocence and protest that things should be done differently but never actually front up with a positive suggestion in the face of my action plan.

So it is that I have some empathy for the Coalition government as it looks to clear up the mess that Labour left behind it.  Under the Labour government, the UK state had ballooned into a seedy, control freak sumo wrestler who got his kicks from sticking his nose into every part of peoples’ lives, failing to protect the people they are supposed to serve from deliberate illegal acts and attempting to spread fear and misinformation about groups like photographers.

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Posted in: bad government ideas, ethics, government, Internet, lack of Clue, privacy, surveillance state \ Tagged: , , , , , , , , , , ,

Labour, Phorm & RIPA: Facts & Questions

April 25, 2010 8:45 pm \

As the election campaigning continues, there are some people who need setting straight on Labour’s failures over the Phorm case.  It’s not rocket science.  It is not a matter of “intervening in private business” as some would suggest.  It is a matter of enforcing the law.

Correct me if I’m wrong but if the law is broken then action must be taken against the lawbreaker.  The status of the business or persons involved is irrelevant.  Legality isn’t an emotive issue, it is one of fact.  So here are a few facts and a few questions for Labour and its supporters.

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Posted in: campaigning, ethics, Freedom Of Information, general election, government, Internet, lack of Clue, Politics, privacy, surveillance state \ Tagged: , , , , , , , , , , , , , ,

Phorm Turns Up In Brazil

March 27, 2010 11:55 am \

Like a bad case of the clap, peddler of advertising powered by illegal use of DPI technology Phorm has resurfaced.  This time in Brazil.  NoDPI picked up on it too and their analyses of things are always worth reading.

This isn’t all that much of a surprise.  After its secret trials with BT were exposed by Chris Williams at The Register, Phorm failed to provide any proof that its Webwise “product” was fully compliant with UK and EU law.  Phorm also engaged PR companies to try and obfuscate discussions on technical forums.  The techies didn’t take this lying down and the resulting backlash and grass roots campaign hit Phorm hard.  Shares that were worth £35 plummeted to around £1.

Phorm had done itself few favours with its failure to engage in open and honest discussion with the UK internet user community.  The smear campaign website they came up with was as pathetic a thing as I have seen on the internet.  And I’ve been around a fair bit.  With the European Commission’s legal action happening in the background and the anti-DPI campaign still as vocal as ever, Phorm decided to “concentrate their efforts elsewhere”.  Or in more common parlance head off somewhere where they would get less of a kicking.

Regular readers will know this.  If you’re new to the Phorm story then please read through my postings about Phorm.  There’s some very interesting stuff there.

So Phorm have resurfaced in Brazil.  Much as it’s tempting to mention something about certain war criminals from a defeated regime hiding in South America, I won’t.  For the moment.

In Brazil word is starting to spread about Phorm’s previous history (translation here) in spyware and the backlash against Phorm here in the UK.  Phorm just don’t understand that privacy is an issue for people all over the world.  Or they just don’t care.

In the UK Phorm tried very very hard to push their illegal use of DPI technology through as legal.  That they haven’t succeeded – despite the use of lobbying government departments, “reputation management” bully boys and shedloads of PR – is because of excellent investigative journalism from Chris Williams and people like Alex Hanff (now Head Of Ethical Networks at Privacy International) and the folk at NoDPI spreading the word, campaigning and challenging politicians to protect internet users’ privacy and enforce the law.

Kent Ertugrul might well have forgotten my challenge to him.  It still stands nearly two years later.

If you know anyone in Brazil I urge you to warn them about the huge to privacy posed by Phorm.

Posted in: ethics, Internet, privacy, Techie \ Tagged: , , , , , , , , , , , ,

UK Now On Final Notice Over Phorm

October 29, 2009 4:41 pm \

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.

Posted in: bad management, business, campaigning, computers, ethics, Freedom Of Information, Internet, lack of Clue, parliamentary, Techie \ Tagged: , , , , , , , , , , , , ,

Phorm Shares Drop At OFT Investigation News

August 20, 2009 6:15 pm \

News that the Office Of Fair Trading has announced an investigation into advertising and pricing practices on the internet has hit Phorm’s already dropping share price, reports The Guardian.  It appears that as much as 20% dropped off this morning.

Google Finance shows the Phorm share price at 98p (clickable thumbnail)

phorm share price 98p

The Guardian article claims that

Similarly a government investigation, by the Department for Business, Enterprise and Regulatory Reform – now Business, Innovation and Skills – reached the conclusion that Phorm did not breach European laws on data protection.

This claim is not true.  A Freedom Of Information response from BERR confirms this is not the case:

An examination of our paper and electronic records has not revealed any such material.

To add further clarification for your information, BERR has never provided such a statement to Phorm and has never confirmed to the company “that their technology is fully compliant”

Perhaps The Guardian has been confused by the various attempts at PR and spin from Phorm.  The above FOI link should put them straight.

Some people may be wondering what all the fuss is about.  Simply put Phorm is a company with a history of adware/spyware which wants to use Deep Packet Inspection technology to record all an ISP’s users’ internet activity to force feed them adverts.

Use of DPI technology for non-judicial purposes is illegal, as is not obtaining explicit informed consent from users. Despite UK and EU law being clear on these matters the UK “government” failed to enforce the law against BT when it undertook a number of tests, some secret and one announced (but still illegal in my understanding).  The EU has taken the UK “government” to court for its failure to enforce the law correctly.

A number of organisations have refused permission for Phorm to profile their websites including LiveJournal, Wikipedia, Amazon and the Nationwide Building Society.  Orange and The Guardian have ended their association with Phorm citing ethical concerns.

Recently BT and Carphone Warehouse dropped plans to implement Phorm.  As they were two of the three ISPs responsible for giving support to this scheme in the first place that has to be seen as a near mortal wound.

The campaign against DPI based advertising has come about almost entirely from the techie sector.  Phorm has claimed the campaign against DPI based advertising is the work of a few serial letter writers, luddites and competitors and launched a smear campaign of its own.

I have openly challenged Kent Ertugrul, Phorm CEO to publish a verifiable legal opinion confirming his product’s compliance with UK and EU law.  Over a year later I am still waiting for his response.  I have written a lot about Phorm here.  And will continue to.

Phorm’s share price has fallen from 3505p on February 25th 2008 to 98p at end of business today.

Posted in: Internet, Politics, privacy, Techie \ Tagged: , , , , , , ,