Tag Archives: Webwise

Phorm Turns Up In Brazil

Like a bad case of the clap, peddler of advertising powered by illegal use of DPI technology Phorm has resurfaced.  This time in BrazilNoDPI 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.

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.

Phorm AGM And Results Announcement

From the London Stock Exchange comes news of the new date for the Phorm AGM and a results announcement:

The Company (AIM: PHRM and PHRX) will be announcing its results for the six months ended 30 June 2009 via RNS, at 7.00am (BST) on Monday 21 September 2009.

For those misguided souls who believe that people like me and the other anti DPI campaigners are Luddite tinfoil hat wearing “privacy pirates”…

There will be a conference call for analysts and investors at 8.30am (BST) on the day.

Yes folks, get your spin phresh phrom Phorm!  Hear how each one of the evil privacy pirate group has written hundreds and hundreds of letters to MPs, MEPs and anyone else who will listen.

The truth is I do most of my communicating by e-mail, using post only when necessary.  And I’m sure you will agree that my writing style is pretty recognisable.  So it is that I write only as myself.  The only hats I wear are a cricket cap in warm weather and occasionally a fedora.  The tin foil stays in the kitchen.

Hear how the evil privacy pirate group has been spreading rumour and misinformation about the legal status of Webwise.

The truth is that I’ve publicly challenged Phorm to publish such an opinion (see Jamie’s Challenge To Phorm link above) and such an opinion has never been made available.  The truth is that interception without a judicial warrant is illegal.  The truth is that advertising schemes that are opt-in by default are illegal.

Hear how the rumours and misinformation became a smear campaign against a company merely offering an advertising service.

The truth is that there are no rumours and misinformation here.  Just facts, linked to their sources.  That is not a smear campaign.  Digging around in someone’s past and revealing that they once complained about nappies to a manufacturer is the kind of tactic only the desperate would use in a smear campaign.

The statement also confirms the new date of the AGM:

Shareholders are also advised that the Company will hold its AGM on Monday 2 November 2009. Related documentation will be sent to shareholders in due course.

Now that the Phorm AGM date has been confirmed, here’s that list of things I think are worthy of open and honest discussion at the AGM. If I was a shareholder I would be very very unhappy that my stock value had dropped so much.

Is it too much to ask for the publication of the verified legal opinion we have been waiting for since April last year?  The AGM is an ideal time to do that.

Which do you think is more likely? Phorm publishing that legal opinion or my touring South Africa with England as an opening batsman and swing bowler this winter?

Yeah, I’ve got my cricket coffin packed just in case…

Phorm AGM Date Disappears

Is Kent Ertugrul venturing into the world of Paul Daniels and making things vanish?  The date of the Phorm AGM has vanished!  Look…

Google’s cache of Phorm’s calendar page has the AGM date listed for August/September 2009

The calendar page yesterday showed the date as 28th September.

Phorm’s calendar page today shows a blank where the AGM date was.

To quote Tommy Cooper, “Just like that!”

Has yesterday’s entry (which, to my joy was top ranked if you searched Google for “Phorm AGM” earlier today.  Try it now to see if that’s still the case) caused a few ructions and problems?

Surely Jamie hasn’t gone and ruined Phorm’s AGM plans!

Wherever and whenever Phorm’s AGM finally is, nothing can change the facts about Phorm and Webwise.  The failure to produce a qualified and verifiable legal opinion backing Webwise being the fact that most readily comes to mind.  Interception without judicial warrant is illegal.  Having an advertising scheme that is opt-out by default is illegal.  Then there’s the smear campaign, the unwarranted legal bullying, the spin and obfuscation and failing to engage in truly open, honest debate.

I’d better head off to the AIM rules site and check the rules pertaining to the AGM and how and when it should be announced and held.

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.