There's fresh and disquieting evidence today that the tentacles of Phorm (the so-called "deep packet inspection" company) reach deep indeed - straight into the heart of the British government, writes Martyn Warwick.
The news has come to light after a member of the public made a request to see emails sent between Phorm and the UK Home Office (the British equivalent of a Ministry of the Interior) under the Freedom of Information Act and then passed them on to the BBC.
It transpires that since August 2007, one of the UK's three great Ministries of State has been in regular email contact (and who knows by whatever other means of communication) with a commercial, for-profit company whose snooping technology is causing considerable anger and opposition amongst Britain's Internet users.
The released emails show that Phorm approached the Home Office and asked the ministry for its "view" on the company and "informal guidance" as to whether or not the Phorm "Webwise" behavioural profiling software is legal in the UK.
The Home Office responded by asking Phorm for full technical details about its software and thereafter a cosy electronic relationship sprang up between the two parties. Emails from Phorm's legal team show that the company repeatedly pressed the Home office to confirm that the British government "has no objection to the marketing and operation of the Phorm product in the UK".
In an e-mail of August 2007, an anonymous Home Office functionary contacted Phorm's legal department and wrote, "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 a later e-mail dated 22 January 2008, another apparatchik wrote "I should be grateful if you would review the attached document, and let me know what you think."
By January last year, civil servants were even "thanking" Phorm for comments and changes to its draft paper, which show the company was permitted to alter, adapt and cut parts of the document itself.
Most damningly of all, in another email another "anonymous" mandarin writes "If we agree this, and this becomes our position do you think your clients and their prospective partners will be comforted?"
In other words, the Home Office is considering using Phorm's own arguments and rationale vis a vis Webwise to sell the deep packet concept to the general public and is so deeply involved with Phorm's management and commercial aspirations that it actually asks the company if it's happy with the ministry's approach.
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