Tag Archives: Privacy Pirates

EU Commission’s View On Phorm-related Matters

Just in case anyone had hoped that Phorm, illegal use of DPI and privacy issues had dropped off my radar (*waves at all those pro-Phormers out there*), think again.  You’re still on my radar and will be for a long time to come.

Recently members of NoDPI, Privacy International and the Open Rights Group went to Brussels for a meeting with the EU Commission, including Commissioner Vivian Reding.  Remember that it was Commissioner Reding who announced the legal action against the UK “government” for its failure to act properly in enforcing EU directives against BT and Phorm.

The notes from the meeting are posted at NoDPI but some very relevant facts emerged that deserve to be highlighted.

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Just What Is A “Privacy Pirate” ?

Over the last few days I’ve been trying to develop a coherent answer to this question.  Phorm seem to think they’ve got some kind of label to tar people such as myself with, a label that demonstrates how evil, unethical and untrustworthy we are.

Let me address this for once and for all.

Piracy suggests Somalis taking hostages.  Well I’m not a Somali and I’ve never taken a hostage.  Piracy suggests “Knock off Nigel” flogging DVDs down the pub.  At my local in the Midlands there wasn’t even a Jiving Nigel (sole fan of Brick Outhouse, the cartoon strip rock band in Kerrang! magazine back in the days when it used to be good).  I’ve never sold “knock off” goods, never taken possession of stolen property and therefore never tried to sell stolen property.

Piracy suggests The Pirate Bay, sharing copies of films and all that lark.  Whilst I’m no fan of the majority of mindless garbage the entertainment industry foists on people these days, I make my point by avoiding stuff I dislike and not buying it.  As I’ve already pointed out, I don’t register on the radar of these entertainment companies as a target market.  I doubt that Phorm will be able to change that.  And quite frankly, I don’t want them involved in trying to.  There are people far more trustworthy who are doing excellent work in that area.

Piracy suggests treacherous and untrustworthy.  Are Phorm questioning my professional reputation?  I have never abused my position to uncover information about others.  That’s called professional standards.  I have never spread misinformation or baseless allegations about colleagues I disliked (remember, I don’t have to like someone to work well and professionally with them).  That’s called professional standards.  I stand for doing the right thing.  Visibly, obviously and if necessary, loudly.

Piracy suggests missing eyes or other body parts, perhaps replaced by hooks or pieces of wood and some kind of avian companion.  The only body part I’m missing is my appendix.  Both my eyes are firmly in place as are all my extremeties.  There is also a distinct lack of avian companions, loquacious or otherwise.

So that’s the pirate thing blown out of the water.  Let’s look at conduct generally.

As a cricketer, there is a clear code of conduct to which all cricketers are expected to adhere.

As an archer, there is a clear code of conduct to which all archers are expected to adhere.  Here are a few relevant points:

2. Behaving in a manner that upholds the dignity and reputation of the Society and its members, including junior members and vulnerable adults.
3. Acting in fairness and with integrity when dealing with the Society and its members.
4. Avoiding the abuse of power or trust arising from position or status within the Society.
5. Using archery skills and equipment in a responsible way so as to avoid nuisance, damage or injury.
6. Never taking advantage of, or abusing, any other member of the Society, including especially,junior members and vulnerable adults.

Bear these points in mind when you consider Phorm’s behaviour and approach to those who, like me, question the legality of their “Webwise” product.  All of them come to mind when thinking about Phorm and Kent Ertugrul, often in connection with their pathetic effort at a smear campaign.

Privacy in this case means personal privacy, personally identifiable information (PII).  Why shouldn’t I stand up and challenge companies and practices which I believe a) break the law and b) threaten my personal privacy through potential mishandling and misuse of that PII?  Why should I meekly bow to the views of a company of whom I had never heard before February 2007 and which has been less than open and honest in its engagement with the techie communities.

What’s wrong Phorm?

Do you think that I am not allowed to have an opinion?

Sadly for you I am and I am free to express it.  I prefer to make my own judgements based on what I see and I do not like what I am seeing from Phorm and other DPI peddlers.  So I am highlighting what I dislike.  And still waiting for a response to my challenge.  One tactic which Phorm have tried with their PR and now this pathetic smear campaign site is an old one, summed up with a simple phrase:

“If they can’t win on the facts, they’ll dominate the media discourse.”

Of course, when more people write about Phorm in forums, in weblogs and the mainstream media, dominating the media discourse becomes increasingly difficult.  That is why Phorm have descended to the depths of a smear campaign.

Tell me Phorm, Kent and the pro-Phormers, where is the evil, malicious, unethical untrustworthiness on my part here in this blog?  Where is the smear campaign on my part?

I can’t see any.  I see verifiable facts linked to references.

Don’t forget that this isn’t personal against Phorm.  They just happen to have tried the spin, bluster and obfuscation approach, failed with that and, unable to provide that legal opinion I’ve been asking for over the last year or so, have sunk to the levels of desperation and a smear campaign.  And have rightly attracted deserved criticism for so doing.

This is about ensuring that governments of whatever colour enforce the law to prevent such use of DPI.

Interestingly enough there are reports that the UK “government” want to increase the fines faced by those guilty of infringing intellectual property.  That must surely include Phorm.  As a site owner I have only their word that they will not “profile” my websites even though there is a clear refusal of permission to do so.

With the amount of discussion going on, some people may be wondering what the issue is.  Alexander Hanff explains, while writing about Phorm’s complete lack of respect for privacy (my emphasis here):

For the past 15 months Phorm have been telling the world that they are creating a revolution in privacy and that privacy is at the core of their model; but let’s look at the reality for a few minutes.

Phorm’s WebWise technology will intercept all non-encrypted, web based communications for all users of their partner ISPs (except those who figure out how to opt-out).  That means every web based email you send and every web site you visit including social networking sites.

This allows them to build up a very thorough profile of you, much more thorough than the profile they have of me and the others they have targetted on the Stop Phoul Play smear web site.

So lets look at Phorm’s history when it comes to dealing with personal data….

Be sure to read the rest of this entry.  Every website you visit.  Think about that for a few minutes.  Facebook, MySpace, Bebo, LiveJournal – every page that doesn’t start https:// will be scanned.  A friend showed me their LiveJournal.  First thing I noticed was that the pages weren’t encrypted.

Every website you visit.  Politics, health, work, finance.  Every aspect of your life is up for scanning by Webwise.

We only have Phorm’s word that the sites wishing to “opt-out” will not be scanned.  To me that word is meaningless.  I judge people and organisations by what I experience, what I see for myself.

Phorm’s attempted slur of “privacy pirate” is meaningless: it lacks meaning and substance.  Rather like that verifiable legal opinion I’ve been challenging Phorm for this last year or so.

One can only be honourable when one behaves with honour in the first place.

Stopphoulplay Is A PR Disaster

Writing on the Telegraph website, Rupert Neate offers a concise assessment of Phorm’s smear campaign website:

Phorm, and BT, scored a serious own goal, by not asking customers consent before including them in the original trials. And customers and campaigners are right to feel aggrieved.

[...]

But [Phorm CEO Kent] Ertugrul has gone five steps too far. He names, shames and publicly smears his key critics Alex “the angry activist” Hanff and Marcus Williamson.

Ertugrul believes he is defending his company’s reputation, but in this David and Goliath battle Ertugrul has shot himself in the foot.

Judge for yourself by reading real facts (with quotes and references) rather than baseless slurs.

Don’t forget my challenge to Kent.

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.

Privacy Pirates Ahoy!

According to Phorm I am one of a band of  “privacy pirates”.

I suppose that “privacy pirate” is one of the more polite nicknames I’ve received over the years but like Devon Malcolm’s bowling at its most erratic it’s a little wide of the mark.  I suppose the difference between Devon Malcolm is that a) people like him and b) Devon is remembered for something special instead of something unpopular.

Some of us are “serial agitators” too.  Anyone who stirs their cereal in the morning is almost certainly a cereal agitator. But I’m not – I have yogurt for breakfast Kent.  There you go, Kent, some personal information for you.  Jamie has yogurt for breakfast.

So I’m a pirate then?  As in the Somali pirates?  Where is your evidence for that Kent?  For one thing the only weapon I have in my house is my archery bow.  I used to teach archery you know Kent.  So I’m quite good at aiming for and hitting a target.  As an archer I take my responsibilities for safety and conduct far more seriously than Phorm has its responsibilities for privacy.

In cricketing parlance you’ve just bowled a wide at me Kent.  I wonder what your bowling action would be?

So I’m a pirate then?  As in Bluebeard?  Sorrry Kent, I haven’t stabbed, shot, maimed or killed anyone.

Another wide.

Where are the slurs in VFPJ?  No slurs.  There are sincerely held beliefs, hard questions and the odd bit of humour here, but no baseless slurs.

Another wide.

Charles Arthur, on the other hand is bowling an interesting spell in The Guardian.

First it would have to demonstrate that there has been foul play – but judging by the stopphoulplay.com website, which went live on Tuesday morning, the software company Phorm doesn’t have much to go on apart from its own continuing frustration at its critics.

[...]

But Phorm may have more immediate problems. Its accounts show that last year it lost $24.66m (£17m), and $16.3m in 2007, with no recorded revenue. Phorm is thus burning through its cash reserves (though it raised £32m last March); it urgently needs BT to roll out its technology across its broadband network and begin serving adverts. Otherwise there is the possibility that it will simply flame out, and a surviving company – perhaps BT itself? – may buy the technology on the cheap from the receivers.

Now that is an interesting point.  Whoever is peddling it, the use of Deep Packet Inspection in this way is still illegal.  Watch Dr Richard Clayton’s arguments if you don’t believe me.  It doesn’t matter if it’s Kent Ertugrul, Gene Hunt, Led Zeppelin, Nigella Lawson fronting the operation.  The law is the law.

Just ask Commissioner Vivian Reding.

If Phorm are running short of money, I’m hearing that this week’s EuroMillions lottery is an £89m rollover…

Update:

Giles Turnbull makes and keeps notes about things.  He’s made one about Phorm called Phorm’s Terrible, Terrible PR.  Here’s a snippet about his dealings with Phorm’s PR people:

I queried the cause for concern, and was subjected to complaints. Yes, I had made an error in my copy, saying that Phorm resulted in “more” advertising whereas in reality it’s just “more targeted to your personal habits and interests”. I apologised for that.

But the PR rep was determined. He whined about how Phorm’s message was being twisted and misrepresented. His tone suggested that my mildly-worded piece was a gross distortion of the truth and potentially damaging to the nature of journalism itself.

Undeterred, I made some comment about the nature of Phorm – the fundamental problem that everyone’s been complaining about from the start. You know, that niggling stuff about monitoring what internet users are doing, without giving them the basic courtesy of opting in to it.

He didn’t answer my point, ranted a little bit more, and ended the call.

At the time I thought to myself: “My word, they’re desperate aren’t they? Aggressive PR like that ain’t going to get them anywhere.”

And here we are, a year or so later, and the awful, cringe-making, vitriolic embarrassment that is Stop Phoul Play has raised its angry, spitting face out from the rock it was conceived beneath, ready to shout and hurl abuse at anyone and everyone who dares make a criticism.

So Giles hasn’t had a proper answer to his questions.  Just as I and others haven’t had answers to our questions.  Especially that niggling little question about that legal opinion.  That question must be a huge pain in the backside for Kent and Phorm.  And I’m going to keep asking it until I get an answer or until Phorm goes out of business.

Another question that comes to mind is “How many other journalists have received such phone calls?”  Then there’s “Which PR agency is responsible for these calls?”

You’ve got a choice, as Daljit Burjhi explains.