No Phormal investigation

2008-10-01

Helen Martin

Virus Bulletin, UK
Editor: Helen Martin

Abstract

Police decide not to investigate BT and Phorm over secretive information-gathering trials.


UK police have decided not to undertake a formal investigation of telecoms company British Telecom (BT) and Phorm, the company it engaged to gather information on the web-surfing habits of its customers.

In July 2007 BT began a test with Phorm who used deep packet inspection at the ISP level to gather information on subscribers’ web-surfing habits and subsequently deliver tailored advertising content. Phorm claims that it scrubs the content it stores of any personally identifiable information, and that it can also act as an anti-phishing measure as it prevents users from accessing sites on a list it maintains of known phishing sites. However, the problem for many was that the test was performed without the knowledge or consent of BT’s user-base.

Campaigners who took umbrage at the secretive actions of BT and Phorm compiled a dossier of evidence against the two companies and presented it to the City of London Police in July this year. However, following some informal questioning of BT executives and a report to senior officers, police interest has fallen and the case has formally been dropped. Police officers reasoned that there was no evidence of criminal intent on the part of BT or Phorm and that there would have been a level of implied consent from BT’s customers in relation to the tests, as the aim was to enhance the company’s products.

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