Posted: 03rd Dec, 2009 By: MarkJ
Prominent Privacy Campaigner, Alexander Hanff (
NoDPI), has claimed that the recently announced trial of Detica's new CView Deep Packet Inspection (DPI) technology (
here) by broadband ISP Virgin Media UK could be illegal. CView is designed to measure copyright infringement on a network by monitoring customers’ data traffic and ISPs could soon find themselves being forced to adopt it.
Detica states that CView™ applies high volume, advanced analytics to anonymous ISP traffic data, and aggregates this information into a measure of the total volume of unauthorised file sharing. Detica also insists that CView will protect privacy and is powered by a fully automated, closed system which does not identify individuals or store their data.
Speaking to PC Pro Hanff said:
"Under RIPA [Regulation of Investigatory Powers Act] and PECR [Privacy and Electronic Communications Regulations], consent or a warrant is required to do this. We feel it is a breach of our rights, our right to privacy in our digital communications."
VM has since countered that "
there are exceptions [in RIPA] for network management purposes." That in itself is somewhat of a grey area because network management typically refers to QoS and traffic routing for specific services (e.g. web browsing etc.). To argue that it also covers the act of inspecting/spying on customers' activity is untested and highly debateable.
Hanff has pledged to give up his day job in order to focus attention towards Virgin Media (assuming he can find enough cash to do it), which is perhaps something they shouldn't take lightly, especially given how effective he was at fighting the controversial Phorm system. He is also urging customers to vote with their feet by leaving the service:
Alexander Hanff, speaking on his blog, said:
"So I am laying the cards on the table – how much is your privacy worth – in fact lets go all out, how much is the privacy of your kids and their kids, and their kids kids and so on. Because make no mistake – once we go down this path there is no going back. What happens now will impact every generation to follow – we are responsible for safeguarding the future of private communications.
So I ask again, how much is it worth? £5.00 a month? £10.00? You want my answer? It is truly priceless. I buried someone today, they would have done anything to guarantee the liberty of my son – their grandson, you can’t put a material value on that.
Leave Virgin Media.
Act now and you could save this country from seriously going to the dogs, fail to act and in 5 years time you will see see you no longer have a choice."
The response is unsurprising because Virgin Media effectively opened itself up for such criticism by becoming the first to trial CView. Never the less Ofcom is already exploring the possibility of enforcing CView upon all of the biggest UK broadband ISPs, thus Virgin Media will probably not be the first to adopt it. We would like to see CView given a true independent examination by security experts first.