The City of London Police have decided not to investigate BT's secret 2006/2007 trials of the controversial Phorm advertising system, which works with ISPs to monitor what websites you visit for use in targeted advertising. DS Barry Murray informed Alex Hanff, a prominent anti-Phorm campaigner, about the move yesterday.

Writing in a letter to Hanff (NoDPI), Murray stated that such an investigation would have cost too much money, be too complex and those taking part in the trials were bizarrely deemed to have given their implied consent:


Naturally Hanff and many others have been less than pleased with the outcome, not least because of the Police's "implied consent" remark, which is not elaborated on. Certainly none of BT's customers gave the operator direct consent, as required by law, to have their online activity tracked and used in such a way.

The Register also has a comment from Nicholas Bohm, lead counsel at the Foundation for Information Policy Research (FIPR), a technology law think tank, whom describes the explanation as "pathetic":


Hanff has since responded to the police, noting that the Complaint process available through the Office of Surveillance Commissioners is only for dealing with public bodies and cannot be used to act against corporations.

The focus is now expected to switch back to European Commissioner Vivian Reding, whom now appears to be the last line of any real defence against Phorm's acceptance. She certainly has a tough job ahead, especially with the government having already told her that they believe Phorm to be legal (here).