Categories: RegulationSecurity

Phorm Controversy Rains On Brown’s Digital Britain Parade

Prime minister Gordon Brown is due to speak at an event today on Britain’s digital future along with business secretary Peter Mandelson and actor Stephen Fry.

However the event coincides with concerns about the appointment of a government adviser on internet issues from a company which has sparked legal action against the UK by European authorities.

The Digital Britain conference kicked off this morning at the British Library and will include speeches from Gordon Brown, Stephen Fry, and Will Hutton, chief executive of the Work Foundation.

Commenting on the aims of the summit, minister for communications, technology and broadcasting, Stephen A Carter said that an effective IT and communications industry was vital to the future of the UK economy.

“This summit will bring together some of the leading thinkers in the Digital Economy. Their views on how to develop our infrastructure, develop our content and creative industries and keep pace with international competition will be invaluable as we finalise our thinking over the next two months,” he said.

Carter’s comments refer to the ongoing work on the Digital Britain Report which is the government’s attempt to draw together plans on how the UK should develop its IT infrastructure and expertise over the coming years. An interim version of the report was published in January this year with the final document due to be released in the sumer.

Speaking at the Digital Britain event business secretary Peter Mandelson said that the UK was experiencing some of the toughest business conditions it has ever faced but digital technologies offer a way out. “They are tough challenges but I think they are also exciting challenges,” he said. “[We must] ensre the competitive edge of our digital communication and creative technologies in the future.”

But despite the government’s work on the summit and the Digital Britain report, the UK’s standing around digital issues was hit this week by the threat of legal action from the European Commission. The EC warned the UK government it will take legal action over its failure to protect users from behavourial ad targeting software – known as Phorm – which has been used by BT and other service providers.

The EC claims Phorm, produced by a London company, contravenes EU ePrivacy and personal data protection rules which cover the confidentiality of communications, and because it intercepts and monitors user actions – in some cases, without the user’s consent.

As well as releasing a direct statement on legal action against the UK over Phorm, Viviane Reding, the EU’s commissioner for information society and media, issued another video message this week which further spelt out the EC’s views on any kind of privacy infringement.

“European privacy rules are crystal clear: a person’s information can only be used with their prior consent. We cannot give up this basic principle, and have all our exchanges monitored, surveyed and stored in exchange for a promise of ‘more relevant’ advertising! I will not shy away from taking action where an EU country falls short of this duty,” said Reding in her video message.

Opposition to Phorm is not limited to the European authorities however. This week Amazon UK announced that it would block Phorm’s Webwise behavourial ad system on its site.

Privacy campaigner, The Open Rights Group, welcomed the move by Amazon and encouraged other web sites to follow suit. “By choosing to block the contentious online advertising system from scanning its web pages, these firms have taken the positive choice to protect their users’ privacy and their own brands. We expect more sites to block Webwise in the near future and also call on ISPs to drop plans to snoop on web users,” the group said.

The UK’s failure to clamp down on Phorm has been further exacerbated by reports this week that one of Phorm’s non-executive directors Kip Meek is also a government adviser on internet issues.

According to The Register, a spokesperson for the department of Business Enterprise and Regulatory Reform said that Meek was appointed as an independent “Spectrum Broker”. Meek’s role apparently involves providing advice on how radio spectrum should be allocated to help develop the UK’s mobile broadband infrastructure.

Meek is also the an non-executive director of government and industry body the Broadband Stakeholder Group (BSG) and was also a board member of telecoms industry regulator Ofcom.

Meek’s appointment is not the only recent questionable choice of IT adviser made by the UK government. Former chief executive of systems integrator LogicaCMG, Martin Reed was recently hired to oversee IT and back-office systems elements of the Treasury’s Operational Efficiency Programme. Reed pushed his retirement from Logica forward in May 2007 following the IT services company’s poor performance and increased spending.

Andrew Donoghue

View Comments

  • Behavioural targeting has been part of Internet for many many years now and behavioural ads are an increasingly large source of income for media companies worldwide, but particularly in the US where this technology is more widely deployed.

    Ok many users may not have been aware of this tracking and have not given specific permission to be tracked. However, for years now this type of technology has been used by leading media companies to offer behaviour-relevant content to users: i.e. as you express your content preferences by clicking, you get served up more of what you like.

    Serving more relevant ads is just the commercial use of this technology: in return for deploying expensive behavioural targetting software in their webs to offer you more content you like, sites can offer advertisers the possibility of placing campaigns more relevant to what a user is looking at. It's the less attractive side to the same coin, but if you don't want these ads, you can always block them using an ad blocker or just don't click on them.

    I agree that users should be more aware of this; however, if the EU goes out to take a unilateral swipe at one platform (Phorm) that happens to have come up on their radar in the UK, it will only harm the Internet industry in the EU, given that the technology that enables this has been in place and used by very mainstream media publications in the UK and mainland Europe for years.

  • I'm happy enough to be served targeted advertising but I am not happy for Phorm to install DPI equipment in my ISP's network to intercept and scan everything that I browse, and what's more, intercepting my private communications to other websites is illegal. Good for Amazon and Wiki for opting out!

  • Gerard Foulkes wrote:

    "... given that the technology that enables this has been in place and used by very mainstream media publications in the UK and mainland Europe for years."

    That is simply not true. The data phorm use has been gathered by Deep Packet Inspection (DPI) equipment situated in the Internet Service Providers (ISP) network. If your ISP is a phorm partner then ALL your http data stream is intercepted and copied by the ISP, processed and passed to phorm. This business model is unique and completely different from existing BTA models.

    This is about DPI snooping not BTA. The EU have recognized this.

    In my opinion the EU action will actually very much help EU Internet Business, in that it will help ensure that their communications remain secure and are not intercepted.

  • Gerard Foulkes, 17 April 2009 post is completely ill-informed. Phorm's method of behavioural advertising is qualitatively different from the methods previously used.

    Phorm uses Deep Packet Inspection to literally snoop on *ALL* user web traffic. It is totally unlike cookie-based behavioural targeting which can be more easily managed by deleting cookies.

    Furthermore, as of yet, there is *NO* real opt-out; opt-ing out means you won't be served targeted ads. Your web traffic is still snooped on.

    There is absolutely no comparison between what Google and other websites are doing and what Phorm intend to do. Phorm's method is far more invasive and pernicious.

    Furthermore, it is illegal, according to several legal experts, such as Nicholas Bohm of the FIPR.

    Phorm must be stopped. If you are concerned about electronic commerce in the EU, then it is imperative that Phorm's plans are laid to waste. They jeopardise both the trust of users and the integrity of the internet.

  • If Phorm were paying BT to listen in on everyones phone calls, and then reselling data about the content of calls onto other third party businesses, I'm sure this would anger people. The fact that it's Internet traffic rather than phone conversations should make no difference.

    If you put a website online, operations like Google scan only what you make publicly available. Phorm scans everything. Google can't look at your private Facebook profile because it doesn't use DPI. Phorm can't even differentiate between what's public and what's private and just scans everything. DPI is *not* acceptable technology to use in any privacy conscientious society

  • @Mike Cardwell " DPI is *not* acceptable technology to use in any privacy conscientious society"

    You're absolutely right, and I believe the majority of UK Internet users are concerned privacy. However, the fact that we're having this debate proves that the people in charge don't see privacy as a priority issue, and if Digital Britain is installed in its planned form will remove what little privacy we have left.

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