Phorms Ts and Cs
Ian Batten
ukcrypto at chiark.greenend.org.uk
Tue, 30 Sep 2008 16:12:38 +0100
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[[ I meant to send this yesterday, but didn't for some reason. ]]
The changes BT are making to Total Broadband terms and conditions are
rather harder-line than we anticipated. (see below).
Firstly, if you consent you're providing blanket consent to
interception, and taking responsibility for informing any and all
other users that the service `may' (actually `will') scan any and all
web traffic. As they're not fully explaining the service to the
account holder, it's hard to see how they can in turn explain it to a
third party. And because there's no mention of a per-household opt-
out, which was promised, it means that there's no mechanism by which
parents can opt-out on behalf of their children and, indeed, no
mechanism by which parents can be sure that their children haven't
opted-in.
There's also the slight problem that you don't get the Ts and Cs as an
account holder until _you_ use a web browser, but other users may have
accessed the Internet before that point. It's hard to see how you can
be retrospectively aware of something you haven't been told about.
There's nothing else in the Total Broadband Ts and Cs which imposes a
duty on the account holder to communicate Ts and Cs with other users
of the service, nor any indication of how you might prove you've done
this. What redress might one spouse have against the other in the
event that they are _not _ informed?
Secondly, there's a catch-all clause `` If you or another user of the
BT WebWise service switches the BT WebWise service off, you consent,
and you agree to ensure that each user of the BT Webwise service
consents to us carrying the technical operations necessary to prevent
the BT WebWise service being provided to you or the other user of your
broadband service. ''
That works around all the requirements BT appeared to have made
regarding segregating traffic between opt-in and opt-out streams.
It's a blank cheque to allow them to do what they want to your traffic
in order to `avoid' them doing what they want to your traffic, and
implies that they'll be doing deep packet inspection of traffic of
people who are opted out --- or at least, they're reserving the right
to do so. In fact, it appears the solution is as Richard's original
analysis, that the opt-out is happening solely within the Phorm
system, rather than lower down in the network.
Thirdly, they're not even saying that the opt-out will work. ``In
some circumstances, your election (and that of other users of your
service) to switch the BT WebWise service on or off may, for technical
reasons, be lost.'' Which means that there is no permanent opt-out
even on a per-browser basis.
I'm off to get a MAC code today: I'd assumed that the opt-out would be
strong enough to get me through to the end of my contract so I could
bail out then, but it appears that's not the case...
ian
> BT WebWise
> You will have the option to benefit from the BT Webwise service as
> detailed on www.bt.com/webwise, as part of your service. The BT
> WebWise service must be switched on and off separately for each user
> of your service and on each browser and on each machine that you and
> other users of your service use to access the internet. You are
> responsible for making sure that all other users of your service
> know about the BT WebWise service and how to switch it on or off.
> You and all other users of your service can switch the BT WebWise
> service on or off at any time by visiting www.bt.com/webwise. You
> consent, and you agree to ensure that each user of the BT Webwise
> service consents, to all technical operations that we may carry out
> in connection with providing the BT WebWise service. These technical
> operations include, but are not limited to, diverting your (or the
> other user's) requests for web pages for a very short time in order
> to manage the BT WebWise service, as well as the operations
> described at www.bt.com/webwise that are necessary to provide you
> with relevant advertising. These may include the automatic scanning
> of web pages and web requests. If you or another user of the BT
> WebWise service switches the BT WebWise service off, you consent,
> and you agree to ensure that each user of the BT Webwise service
> consents to us carrying the technical operations necessary to
> prevent the BT WebWise service being provided to you or the other
> user of your broadband service. In some circumstances, your election
> (and that of other users of your service) to switch the BT WebWise
> service on or off may, for technical reasons, be lost. If this
> happens you (and other users of your service) will be required to
> switch the BT WebWise service on or off again (as the case may be).
> For full details of why this may happen, and what to do if it does,
> please visit www.bt.com/webwise.
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<html><body style=3D"word-wrap: break-word; -webkit-nbsp-mode: space; =
-webkit-line-break: after-white-space; "><div>[[ I meant to send this =
yesterday, but didn't for some reason. ]]</div><div><br></div>The =
changes BT are making to Total Broadband terms and conditions are rather =
harder-line than we anticipated. (see =
below).<div><br></div><div>Firstly, if you consent you're providing =
blanket consent to interception, and taking responsibility for informing =
any and all other users that the service `may' (actually `will') scan =
any and all web traffic. As they're not fully explaining =
the service to the account holder, it's hard to see how they can in turn =
explain it to a third party. And because there's no mention of a =
per-household opt-out, which was promised, it means that there's no =
mechanism by which parents can opt-out on behalf of their children and, =
indeed, no mechanism by which parents can be sure that their children =
haven't opted-in.</div><div><br></div><div>There's also the slight =
problem that you don't get the Ts and Cs as an account holder until =
_you_ use a web browser, but other users may have accessed the Internet =
before that point. It's hard to see how you can be retrospectively =
aware of something you haven't been told =
about.</div><div><br></div><div>There's nothing else in the Total =
Broadband Ts and Cs which imposes a duty on the account holder to =
communicate Ts and Cs with other users of the service, nor any =
indication of how you might prove you've done this. What redress =
might one spouse have against the other in the event that they are _not =
_ informed?</div><div><br></div><div>Secondly, there's a catch-all =
clause `` If you or another user of the BT WebWise service switches =
the BT WebWise service off, you consent, and you agree to ensure that =
each user of the BT Webwise service consents to us carrying the =
technical operations necessary to prevent the BT WebWise service being =
provided to you or the other user of your broadband service. =
'' </div><div><br></div><div>That works around all the requirements =
BT appeared to have made regarding segregating traffic between opt-in =
and opt-out streams. It's a blank cheque to allow them to do what =
they want to your traffic in order to `avoid' them doing what they want =
to your traffic, and implies that they'll be doing deep packet =
inspection of traffic of people who are opted out --- or at least, =
they're reserving the right to do so. In fact, it appears the =
solution is as Richard's original analysis, that the opt-out is =
happening solely within the Phorm system, rather than lower down in the =
network.</div><div><br></div><div>Thirdly, they're not even saying that =
the opt-out will work. ``In some circumstances, your election (and =
that of other users of your service) to switch the BT WebWise service on =
or off may, for technical reasons, be lost.'' Which means that =
there is no permanent opt-out even on a per-browser basis. =
</div><div><br></div><div>I'm off to get a MAC code today: I'd =
assumed that the opt-out would be strong enough to get me through to the =
end of my contract so I could bail out then, but it appears that's not =
the =
case...</div><div><br></div><div>ian</div><div><br></div><div><div><br></d=
iv><div><blockquote type=3D"cite" class=3D""><span =
class=3D"Apple-style-span" style=3D"font-family: verdana; font-size: =
11px; "><div style=3D"font-family: verdana, lucida, arial, helvetica, =
sans-serif; color: rgb(102, 102, 102); margin-top: 0px; margin-right: =
0px; margin-bottom: 0.7em; margin-left: 0px; line-height: 1.4em; "><b>BT =
WebWise</b></div><div align=3D"left" style=3D"float: none; clear: none; =
display: block; margin-top: 0px; margin-right: 0px; margin-bottom: 0px; =
margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: =
0px; padding-left: 0px; border-top-width: 0px; border-right-width: 0px; =
border-bottom-width: 0px; border-left-width: 0px; border-style: initial; =
border-color: initial; "><ol start=3D"18" style=3D"margin-top: 0px; =
margin-right: 0px; margin-bottom: 1em; margin-left: 0px; padding-left: =
0px; "><li style=3D"font-size: 11px; color: rgb(102, 102, 102); =
font-family: Verdana, Arial, sans-serif; margin-top: 0px; margin-right: =
0px; margin-bottom: 0px; margin-left: 2.2em; padding-left: 0px; =
line-height: 1.4em; ">You will have the option to benefit from the BT =
Webwise service as detailed on <a href=3D"http://www.bt.com/webwise/"=
target=3D"_blank" style=3D"color: rgb(0, 102, 204); text-decoration: =
none; ">www.bt.com/webwise</a>, as part of your service. The BT WebWise =
service must be switched on and off separately for each user of your =
service and on each browser and on each machine that you and other users =
of your service use to access the internet. You are responsible for =
making sure that all other users of your service know about the BT =
WebWise service and how to switch it on or off. You and all other users =
of your service can switch the BT WebWise service on or off at any time =
by visiting <a href=3D"http://www.bt.com/webwise/" target=3D"_blank" =
style=3D"color: rgb(0, 102, 204); text-decoration: none; =
">www.bt.com/webwise</a>. You consent, and you agree to ensure that each =
user of the BT Webwise service consents, to all technical operations =
that we may carry out in connection with providing the BT WebWise =
service. These technical operations include, but are not limited to, =
diverting your (or the other user's) requests for web pages for a very =
short time in order to manage the BT WebWise service, as well as the =
operations described at <a href=3D"http://www.bt.com/webwise/" =
target=3D"_blank" style=3D"color: rgb(0, 102, 204); text-decoration: =
none; ">www.bt.com/webwise</a> that are necessary to provide you =
with relevant advertising. These may include the automatic scanning of =
web pages and web requests. If you or another user of the BT WebWise =
service switches the BT WebWise service off, you consent, and you agree =
to ensure that each user of the BT Webwise service consents to us =
carrying the technical operations necessary to prevent the BT WebWise =
service being provided to you or the other user of your broadband =
service. In some circumstances, your election (and that of other users =
of your service) to switch the BT WebWise service on or off may, for =
technical reasons, be lost. If this happens you (and other users of your =
service) will be required to switch the BT WebWise service on or off =
again (as the case may be). For full details of why this may happen, and =
what to do if it does, please visit <a =
href=3D"http://www.bt.com/webwise/" target=3D"_blank" style=3D"color: =
rgb(0, 102, 204); text-decoration: none; =
">www.bt.com/webwise</a>.</li></ol></div></span></blockquote></div></div><=
/body></html>=
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