PHORM - UPDATE

It would seem that the chorus of disapproval about the "targeted advertising scheme" (a cute euphemism for spyware that) developed by Phorm is gathering pace somewhat. There is this from The Register - for me a clear indication of how disingenuous, if not mendacious, BT are being about the product. And, as The Register reports here, FIPR (for the uninitiated, the Foundation of Information Policy Research) has written an open letter to the Information Commissioner outlining their concerns and maintaining that the scheme is illegal.

I note too Tim Berners-Lee's comments, reported here. I can't help feeling that this intervention is especially significant, essentially because it reaches beyond the narrow confines of the Phorm issue. He makes the crucial point about his data and web history that: "It's mine - you can't have it. If you want to use it for something, then you have to negotiate with me. I have to agree, I have to understand what I'm getting in return." It will come as no surprise that I agree wholeheartedly with this. No doubt in common with Tim Berners-Lee I also believe that the principle should be applied to all data that is held about an individual wherever it is held, not just to their web-browsing history. But, as the law stands, it simply does not give effect to this. Ergo, returning to one of my more persistent themes, what is urgently required in the interests of both data privacy and data security is a radical overhaul of the current legal provision in this area to re-cast the law back in favour of the individual's data rights.

PHORM "SPYWARE"

Should you be concerned about the security and privacy of the data on your computer/laptop and just in case you're a customer of British Telecom Retail, Virgin Media or Carphone Warehouse TalkTalk, you might want to take a look at this (from the ever-reliable SpyBlog), this and this (from The Register).

Even for those aren't especially techie-minded (including me), it is plain that the design of the Phorm web advertising scheme is no more than 'spy-ware', pretty sophisticated but 'spy-ware' nonetheless. At a pinch one could argue (just about) - as BT seem to be - that it is moot as to whether or not these Phorm-based schemes breach the provisions of RIPA. But, I reckon they're skating on decidedly thin legal ice here; for sure, if I were a BT lawyer, I'd be nervous about turning up in court trying to sustain such a position.

Obviously I can't speak for anyone else but it does strike me as the most abominable cheek that, just as we are justifiably fuming about the Government's utter contempt for and cavalier attitude about the security and privacy of our data, along come BT, Virgin, and Carphone Warehouse with this mendacious wheeze that demonstrates precisely the same sort of mind-set. Of course, this is in fact a major part of the problem. Because the Government is so contemptuous and cavalier about looking after our data, the private sector begins to think it can behave in the same way: a case almost of monkey is as monkey does. And that makes it all the more imperative that action be taken across the whole of Government to sort this out as a matter of urgency.

Will they do so?