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UK Home Office Letters Accused of Exposing Collusion with Phorm

Posted: 28th Apr, 2009 By: MarkJ
The UK Home Office has been accused of colluding with Phorm after several emails between the two, which were released under the Freedom of Information (FOI) Act, revealed that they had discussed a lot more than previously thought and may have even resulted in the government adjusting its official guidance to be more suitable for Phorm’s system.

Phorm controversially works with UK broadband ISPs (e.g. BT WebWise) to monitor what websites you visit for use in targeted advertising campaigns. The letters, which date back to August 2007, were sent to the BBC by a member of the public. Several extracts from the related messages have been re-pasted below:

In an e-mail dated August 2007, an unnamed Home Office official wrote to Phorm's legal representative and said: "My personal view accords with yours, that even if it is "interception", which I am doubtful of, it is lawfully authorised under section 3 by virtue of the user's consent obtained in signing up to the ISPs terms and conditions."

In an e-mail dated 22 January 2008, a Home Office official wrote again to Phorm and said: "I should be grateful if you would review the attached document, and let me know what you think."

In January 2008 the Home Office thanks Phorm for comments and changes to its draft paper, which show the company making deletions and changes to the document. The Home Office official wrote to Phorm: "If we agree this, and this becomes our position do you think your clients and their prospective partners will be comforted."

Naturally Phorm's CEO, Kent Ertugrul, strenuously denies that any collusion took place and claims that the accusation is "untrue and misrepresents the way in which the British legal system works". Mr Ertugrul states that the advice given by the Home Office was merely an "informed opinion on ISP-based targeted advertising".

The Liberal Democrat spokeswoman on Home Affairs, Baroness Sue Miller, described the emails as jaw dropping and said: "I couldn't be more surprised [that] the very department drawing up policy to protect people's privacy is being that cynical. Anything the Home Office now says about Phorm is completely tainted."
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