Illegal Phorm?
By Sharon Jackson in Reader
Posted in Internet on May 27, 2008 at 4:26 pm
I have just had this story sent to me by Alex Hanff regarding the latest developments in the Phorm Phiasco.
http://www.p2pnet.net/story/16046
Looks like their shenanigans may be illegal after all.
Comment by Mike Skuse - May 27, 2008 on 4:50 pm
I saw a piece on this on the Gadget Show yesterday and apparently BT customers should be expecting Phorm to be in place quite soon, although they did mention an ‘opt-in’ way of doing things so we shall have to see.
My opinion on the thing is the same as most of the blogging communities - I don’t like it, not one bit. Anything that knows what we’re doing on the internet isnt a good idea. Surely if everything we’re doing is going through another system (for example peoples online banking details, secure emails and so on) wont this be another place for people to hack and plant some nasty piece of code?, It’ll be vulnerable for sure won’t it?
Comment by Janos - May 27, 2008 on 6:56 pm
Great news, but I’m afraid that it won’t be enough : “In particular, they shall prhobit listening, tapping, storage or other kinds of interception or surveillance of communication and the related traffic data by persons other than the users without their consent, which must be freely given, specific and informed indication of the user’s wishes”
So BT can just like Google: propose a new service and ask users to accept new Terms of Services describing the use of Phorm. Nevertheless, it’s a good point for BT subscribers.
@Mike:
If you’re worried about your recorded data, I developed a Firefox add-on called SquiggleSR which simulates browsing activities to hide your real interest. Obviously, it’s free (GPL).
Comment by david m - May 28, 2008 on 2:54 am
“So BT can just like Google: propose a new service and ask users to accept new Terms of Services describing the use of Phorm. Nevertheless, it’s a good point for BT subscribers”
you really should have made the time and have a read of the one and only fully informed Phorm (and other related information, NebuAd etc)thread on the net
http://www.cableforum.co.uk/board/12/33628733-virgin-media-phorm-webwise-adverts-updated.html
it will help fill in many if not all the missing information you need and what to do to protect your personal data etc….
NO they cant, as it would not be covered by the explicit ,informed Consent, or the ‘Targeted advertising’ part of the Data Protection act
“Re: Phorm…..
———————————————
If you are a customer of BT Retail (or of any other BT divisions e.g. BT Business) , Virgin Media or Carphone Warehouse Talk Talk, or any other company that thinks to profile your data for advertising , then you might like to write to them quoting the very clear The Data Protection Act 1998 section 11:
11 Right to prevent processing for purposes of direct marketing
(1) An individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing for the purposes of direct marketing personal data in respect of which he is the data subject.
(2) If the court is satisfied, on the application of any person who has given a notice under subsection (1), that the data controller has failed to comply with the notice, the court may order him to take such steps for complying with the notice as the court thinks fit.
(3) In this section “direct marketing” means the communication (by whatever means) of any advertising or marketing material which is directed to particular individuals.”
BTW thats liked story has a link to Alexanders legal paper but its broke so use this instead.
http://www.paladine.org.uk/phorm_paper.pdf
Comment by Sharon Jackson - May 28, 2008 on 7:08 pm
Thanks Janos - I’ll check that software out.
I just wonder how many will actually fully realise just what they are opting in for and how hard the sell will be to get them to.
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