Amazon to side step Phorm!

In an increasingly heated debate over privacy, Amazon UK has stated that it will not allow the online advertising system of Phorm to scan its web pages to produce targeted ads.

 

Amazon is one of the most popular sites in the UK and indeed worldwide and its decision to block behavioural targeting of the type promoted by Phorm is a huge blow to the approach and will no doubt influence other major sites such as eBay to review their policy. 

 

This decision will be a major embarrassment to BT who had hoped to roll out Phorm’s technology later this year under the name Webwise.  Both BT and Phorm have come under fire from privacy campaigners over the the “secret” trials that BT conducted last year.

 

In a statement, Amazon UK said: "We have contacted Webwise requesting that we opt out for all of our domains."  The company declined to comment further on the reasons behind its decision.

 

In response, Phorm said: "There is a process in place to allow publishers to contact Phorm and opt out of the system, but we do not comment on individual cases."

 

Last month the Open Rights Group wrote to the chief privacy officers at Microsoft, Google/Youtube, Facebook, AOL/Bebo, Yahoo, Amazon and Ebay urging them to opt-out of Phorm. Amazon is the first company to give any sort of response at all but are unlikely to be the last.

 

Earlier this week the European Commission said it was starting legal action against the UK over its data protection laws in relation to Phorm's technology.  The European Commission has described the technology as an "interception" of user data and wants UK law to reflect more explicitly the need for consent from users in order for the service to be implemented.

 

Given the recent announcement of Google to introduce their own form of behavioural tracking on to users search queries, it will be interesting to see whether Amazon et al decide that they wish to avoid all forms of intrusive targeting and whether the EU will take on the behemoth Google.

Europe steps into save UK Users from Phorm's snooping!

Finally someone is willing to fight for our rights to privacy in the UK.  Sadly it isn't our Government. The European Commission has today started legal action against the Government over its failure to protect the privacy of British Internet users.

The case was sparked by BT’s covert use of the controversial user-tracking technology Phorm on customers using BT’s internet service in 2006 and 2007.

Phorm, a UK-based company founded in 2004, monitors users’ favourite sites and searches, and uses the information to deliver individually targeted advertising.  The European Commission has been concerned about the way Phorm was secretly tested in the United Kingdom. Last year, the Government through the Information Commissioner, backed Phorm after a complaint by Brussels.

However, Vivian Reding, the European Union's Commissioner for Information Society and Media, announced the first stage of legal action, saying that the UK Government had failed to implement European laws that protect Internet users under the terms of  'The Privacy and Electronic Communications (EC Directive) Regulations 2003'.

"Technologies such a Internet behavioural advertising can be useful for businesses and consumers but they must be used in a way that complies with EU rules,” the Commissioner said. “These rules are there to protect the privacy of citizens and must be rigorously enforced by all member states.”

BT has already admitted that it conducted trials of Phorm without users’ consent in 2006 and 2007. A further, invitation-only, trial was conducted last year.

Ms Reding’s statement continued: “I call on the UK authorities to change their national laws and ensure that national authorities are duly empowered and have proper sanctions at their disposal to enforce EU legislation on the confidentiality of communications.”

Ms Reding’s contention is that UK laws must be tightened to protect consumers and comply with the ePrivacy Directive, which the UK Government signed up to in 2002. It came into force at the end of October 2003.

The Commission has now given the Government two months to respond to today’s “infringement proceeding” - the first stage of a legal process which could end up in the European Court of Justice for an alleged breach of the directive.  The directive states that user consent must be “freely given, specific, and informed”, and it requires EU member states to impose sanctions in the event of breaches of the rules.

Ms Reding reinforced her stern message to the British Government in her weekly video message, delivered via the European Commission’s website.

“Privacy is a particular value for us Europeans; a value reflected in European laws for many years,” she said.

“However, in spite of the many advantages of technological development, there is an undeniable risk that privacy is being lost to the brave new world of intrusive technologies. On the global information highways, personal information is increasingly becoming ‘the new currency’. And I believe that Europeans… must have the right to control how their personal information is used.”

“European privacy rules are crystal clear,” she said. “A person's information can only be used with their prior consent. We cannot give up this basic principle, and have all our exchanges monitored, surveyed and stored, in exchange for a promise of ‘more relevant’ advertisements! I will not shy away from taking action where an EU country falls short of this duty.”

Phorm has already been investigated by the police and the Information Commissioner over privacy concerns. It has attracted interest from UK ISPs including BT, Virgin Media and TalkTalk although no company has yet fully introduced the system.

Tim Berners-Lee spoke out passionately against Phorm at a meeting in the House of Commons in March this year. "It is very important that when we click, we click without a thought that a third party knows what we're clicking on," he said. "'What is at stake is the integrity of the Internet as a communications medium. It's important there should be no snooping on the Internet."

It has always been the contention of Blogcetera and many other industry observers that what Phorm was engaged in was both against the 'spirit' and the letter of the law as laid down in the EU directive that the British Government and Parliament passed into law.  Similarly there are privacy concerns as regards Google’s plans to use behavioural targeting to deploy “relevant” ads to users.  It will be interesting to see whether the EU Commission targets Google as well as Phorm.

Links  :The Privacy and Electronic Communications (EC Directive) Regulations 2003

Additional Reporting: The Times

Phorm to pay for opt-in customers.

Phorm, the targeted web advertising company, is considering offering customers who opt-in a payment related to their surfing activity.  Phorm is considering contributing to the customers broadband bill or is even willing to make a donation to charity, for any user that signs up for the service.

With BT contemplating rolling out Phorm's service to known as BT "Webwise" it may be that BT customers will be able to receive a reduction in their broadband bill.

The fact that BT and Phorm had been conducting secret trials of the system without BT’s customers’ knowledge caused major concerns over privacy last year and led to the Information Commissioner suggesting that the scheme should only be implemented as an "opt-in" service.  

Given the general suspicion that users have in respect of their surfing activity being tracked, the payment to encourage "opt-in" will need to be significant for most users to accept such a service.

Virgin Media sinks deeper into the red but grows broadband!

The cable services provider Virgin Media had a difficult last quarter of 2008, with new customer sign ups dropping by a massive forty per cent.

The company posted losses of £50 million for the same quarter, which it said was due to the fact that it only managed to attract 14,800 new customers compared to 24,000 in the same period in 2007.  At the same time Virgin Media has seen a fall in customers taking out the profitable broadband, TV and phone packages, with only 185,000 sales in the last quarter compared to 272,100 in the same quarter of 2007.   However Virgin Media claims that "record numbers of customers" are now making use of its services and despite the economic crisis they have seen an increase of 57,100 on-net broadband customers, taking their total to 3.68 million.  This is just 1.5% growth in user numbers at a time when Virgin has been advertising heavily and launching new services such as the new 50Mb package at the end of last year

Virgin Media also noted an improvement in tier mix, with a third of their users now subscribing to their next-generation (10Mb and above) services.   Virgin Media also announced this week that it will be upgrading its 2Mbps broadband customers to a superfast 10Mbps service as it steps up its bid to become "the highest-quality broadband service in the UK". Indeed Virgin will begin migrating customers to the new connection in May, with prices for the 10Mbps package starting from £14 a month.

With Virgin’s broadband user numbers growing slower due to the economic downturn and increasing numbers of broadband users choosing to go to 3G Mobile broadband rather than tethered broadband.   Recently the Office of National Statistics indicated that fixed broadband has started to fall for the first time and this trend looks will have an impact on the major operators.  Expect to see aggressive price cuts to lure new customers from the major broadband ISPs such as BT and Sky during to spring of 2009 to compete with Virgin’s £14 a month 10Mb service.

At least Virgin has not yet decided to opt for Phorm like BT, however, there remain a number of legitimate revenue generating activities it could opt for now that it has deployed DPI (deep packet inspection) such as DNS and HTTP error monetisation.

BT must be desperate to turn to Phorm

BT all but confirmed that they are going to implement the Phorm service across their 4 million users. Phorm has developed a service to deliver targeted advertising based on user browsing habits by using deep packet inspection (see comment).  Phorm claims that the targeting system is entirely anonymous and the Information Commissioner seems to agree although he has advised BT that users should only "opt-in".

However, there is some doubt on the part of industry experts that the sort of targeting planned by Phorm can ever be anonymous.  So why is BT involved in this dodgy area of activity?  Both Talk Talk and Virgin walked away from trialling Phorm when the level of resistance became clear on the part of users and industry commentators and pressure groups.  Well the answer maybe in BT's recently released financial numbers and the income that Phorm is suggesting BT can make from implementing the service despite the "opt-in".  However, Iain Livingston will face the prospect of BT yielding the ISP number one spot in the UK if they sacrifice the delivery of a quality service for some dodgy incremental income.  There are many more ways of making incremental income without upsetting your user base.  Sadly BT is increasingly run by accountants who neither understand the technology or customers' needs it would seem. (Isn't that similar to what happened to our Banks!)

BT should be very careful or their financial worries could multiply with the addition of Phorm.  This is just targeted spam and we do not want it.  BT should heed that old saying - "All that glisters isn't gold!"