BT and Phorm escape prosecution

Keyboard_Commando · Apr 9, 2011

Update on a stinky episode.

BT and Phorm will not face prosecution for trials of technology that secretly intercepted and profiled the broadband traffic of tens of thousands of people, the Crown Prosecution Service has announced.
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There was insufficient evidence to begin a prosecution under the Regulation of Investigatory Powers Act, which makes interception of communications an offence except in special circumstances, the CPS said.

Andrew Hadik, who reviewed the evidence at the CPS’ Complex Casework Unit in London, also said a prosecution of BT and Phorm would not be in the public interest.

“At present, the available evidence is insufficient to provide a realistic prospect of conviction,” he said.

“We obtained expert evidence to enable us to understand how the technology worked, how many people were affected and how they were affected. Those are the key elements of the alleged offending.

"Even if further evidence were available and collected, we are satisfied that it could not change our assessment.”
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BT and Phorm ran two trials of the technology, in 2006 and 2007. Broadband traffic was intercepted and scanned for keywords to categorise the unwitting participants’ interests. The firms planned to use the data to better target advertising on websites.

The secret trials were revealed when internal BT documents were passed to the press in 2008, prompting a privacy outcry that eventually forced Phorm out of the UK market.

Web giants including Amazon demanded that their communications with customers would not be intercepted and BT, TalkTalk and Virgin Media all abandoned plans to work with the AIM-listed firm. It is now pursuing business in Brazil and China.
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The controversy over the secret interception trials nevertheless highlighted loopholes in UK privacy law, which the European Commission has forced the Home Office to close.

The Interception of Communication Commissioner, who previously only regulated wiretapping by police and the intelligence agencies, is to get new powers to fine private companies who carry out “unintentional” interception. There will also be stronger safeguards around consent.
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Story

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There is a summary of the whole situation here

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I guess these retrospective actions against spying private companies will just continue, continue to get nowhere for customer's privacy rights - seeing no precedent has been set with this case. It's a green light for the UK Government will carry on using 3rd parties for their snooping dirtywork and get away with it.

We await the next invasion of privacy leak. *Government loophole exploitation*

Cudni · Apr 21, 2011

removed ot posts.

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BT and Phorm escape prosecution

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BT and Phorm escape prosecution

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