Phorms Ts and Cs

[Nicholas Bohm]

Peter Fairbrother wrote:
> Paul Vigay wrote:
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>> In a dim and distant universe <48E3A5AF.1090709@zen.co.uk>,
>>    Peter Fairbrother <zenadsl6186@zen.co.uk> enlightened us thusly:
>>
>>> Now if you were to offer to get the MAC number, rather than requiring
>>> the luser to get it - some of the free ones do it, I don't know how that
>>> works though.
>>
>> That's interesting. I wonder how they obtain that, as it normally has
>> to be
>> generated by the losing ISP.
> 
> Speculating, with a bit of vague memory added in, I think the new ISP
> gets the MAC from the old ISP directly, rather than getting the customer
> to do it.
> 
> This may only be possible for the "free" ISPs, as they take over the
> telephone line as well as the ADSL. But as I said, I don't know for sure.
> 
> However I'm pretty sure that in a couple of cases existing contracts
> were terminated without penalty - and if you could offer that, maybe
> based on BT's illegal actions, or breach of contract, plus hassle-free
> transfers ...
> 
> 
> 
> One other point, when BT ask if you want to "opt-in" tp Phorming, is
> that an marketing message covered by the Privacy and Electronic
> Communications Regulations?

Not unless it's sent by electronic mail, namely "any text, voice, sound
or image message sent over a public electronic communications network
which can be stored in the network or in the recipient's terminal
equipment until it is collected by the recipient and includes messages
sent using a short message service"

> If so, BT can send such messages as long as the user didn't opt-out when
> they obtained the address (presumably when the user signed up), but
> under the regulations the marketing message must also include an
> effective opt-out, so the user doesn't get any more messages.
> 
> I don't think offering the option to store a long-term cookie counts -
> people may either delete all cookies regularly, as I do and recommend,
> or they may connect a new computer to the same ADSL connection.
> 
> I also wonder what technology they use to make the user's computer
> display the message - anyone know? I can't think of a way to do that
> without committing a crime or two, but maybe they are cleverer than me.
> 
> Or maybe they are just committing even more crimes.

Nick
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