Feeds

Prosecutors kick Phorm case upstairs

More delays in ISP wiretapping probe

Combat fraud and increase customer satisfaction

Prosecutors have further delayed a decision on whether anyone will be prosecuted over BT's secret trials of Phorm's web monitoring system.

The case is now under consideration "at a senior level", the Crown Prosecution Service said in a letter to Alex Hanff, the privacy campaigner who complained after police refused to investigate.

The CPS has been running its own investigation for almost 800 days. Earlier this year it suggested it would make an announcement in November, but that date has now slipped twice.

"I last wrote to you on 26th November 2010 in which I said that I considered it more realistic to suggest that a decision would be made by mid-December," a CPS official said in the letter this week.

"The whole case is under consideration at a senior level and I do not consider that a decision will be made by mid-December.

"I am sorry if I raised your hopes in my earlier letter but at the time that I wrote to you I genuinely thought that the CPS would be in a position to make a decision by the provisional date I gave you. That has not proved possible and very careful consideration of this matter continues."

The letter does not suggest a new date, beyond pledging that a decision will be made as soon as possible.

The case is focused on the Regulation of Investigatory Powers Act (RIPA), which makes interception of communications an offence except in special circumstances, such as by law enforcement agencies under a warrant. Customer consent is required for commercial interception, and BT and Phorm did not attempt to get the consent of the tens of thousands of customers whose broadband traffic was monitored and profiled for advertising in 2006 and 2007.

In deciding whether or not to prosecute, the CPS must consider whether there is a realistic prospect of a conviction on the evidence available, and whether it would be in the public interest.

The outcry when The Register revealed the trials has forced the government to change RIPA to outlaw "unintentional interception" and tighten the rules on consent. ®

Combat fraud and increase customer satisfaction

More from The Register

next story
Virgin Media so, so SORRY for turning spam fire-hose on its punters
Hundreds of emails flood inboxes thanks to gaffe
A black box for your SUITCASE: Now your lost luggage can phone home – quite literally
Breakfast in London, lunch in NYC, and your clothes in Peru
AT&T dangles gigabit broadband plans over 100 US cities
So soon after a mulled Google Fiber expansion, fancy that
AT&T threatens to pull out of FCC wireless auctions over purchase limits
Company wants ability to buy more spectrum space in auction
EE & Vodafone will let you BONK on the TUBE – with Boris' blessing
Transport for London: You can pay, but don't touch
Turnbull gave NBN Co NO RULES to plan blackspot upgrades
NBN Co faces huge future Telstra bills and reduces fibre footprint
NBN Co plans fibre-to-the-basement blitz to beat cherry-pickers
Heading off at the pass operation given same priority as blackspot fixing
NBN Co in 'broadband kit we tested worked' STUNNER
Announcement of VDSL trial is not proof of concept for fibre-to-the-node
prev story

Whitepapers

Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.