BT 2006 trials of Phorm

[Peter Fairbrother]

Alexander Hanff wrote:
> Mr Bohm and Dr Clayton,
> 
> Can I ask if either of you have received legal threats from BT with 
> regards your comments about the legality of the covert trials and future 
> plans to deploy Phorm?
> 
> I ask because Emma Sanderson has today accused me of defamation for the 
> section of my blog post regarding whether or not  
> by stating no ads were served during the trial and that no IP data was 
> shared with Phorm.

As far as I can tell, BT would have misled ICO iff BT told the ICO that 
no ads were served (as afaict they were served, though they might have 
only been charity ads), and I don't know whether Phorm got any IP data. 
I haven't been following things as closely as I might have, been busy.

But what's the point? Who cares a single jot or tittle?

Phorming (and the BT trials) are blatantly and obviously illegal, they 
are offenses against s.1 of RIPA.

Focus your attention on that, and not Phorm/BT's spin, or on silly 
breaches of DPA or EU regulations.


What's really needed is either the money to mount a Court case to stop 
them, or getting the Police and DPP involved.


> 
> Now on my blog I have asked it as a question and then given my opinion 
> and thoughts on the issue, so I fail to see how this is defamation; 


It could easily be - you don't know what Phorm told the ICO, or whether 
Phorm got any IP data. If your conjectures were wrong, and defamatory, 
then she might have a case.

but
> I am interested in the fact that BT seem to be concentrating legal 
> efforts on me yet don't appear to using the same tactics with other 
> commentators who have publicly stated in the press and elsewhere that 
> they believe BT's actions were illegal.

They _were_ illegal.

> 
> It feels to me as though BT are attempting to menace me into backing out 
> from the Phorm debate.

At least they are not ignoring you; but don't say things which 
conjecture other people's behaviour as fact - opinions are (probably!) okay.

-- Peter Fairbrother
> 
> Alexander Hanff