http://www.theregister.co.uk/2008/03/17/phorm_fipr_illegal/ For more links visit my little article: http://www.ngr78.co.uk/article-145-phorm-is-illegal
Until someone wades in and officially declares it illegal, it's a waiting game to see how this pans out. Carphone Warehouse are opting out their customers by default. It'll be interesting to see if BT will follow suit although I hear they want to use something different to the cookie system.