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Police and CPS cooperate over investigation into BT and Phorm
Monday 17 May 2010 11:51:34 by John Hunt

The Crown Prosecution service (CPS) are investigating whether they have a case to go to court over BT's trials of Phorm which took place in the autumn of 2006. The Register reports that the CPS have called in the City of London Police who looked in to BT's use of Phorm back in September 2008 before deciding that no criminal offence had been committed. The CPS have received technical and expert evidence on the case and have now brought the City of London Police back in assist in ongoing enquiries.

It is suspected that BT and Phorm may have committed offences under the Regulation of Investigatory Powers Act which restricts wiretapping and interception of communications. The European Commission also opened a case last year against the UK with regards to how it dealt with the Phorm case initially as they deemed the interceptions by BT and Phorm may have been unlawful.

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Comments

Posted by audioslim about 1 year ago
Rejoice. We might not be going to hell in a handcart just yet!

Slim

Posted by davolente about 1 year ago
Understand that the original investigation was not followed up, as it was decided that there was "no criminal intent" from either BT or Phorm. I have trouble with that. Did they actually carry out a criminal act or not? Surely that's the criterion. They can't plead ignorance of the law. I really don't see where the "intent" bit fits in. Can I now go speeding in my car and make the excuse that I had no intention of doing so? I'm sure THAT would go down well with the local magistrates!

Posted by carrot63 about 1 year ago
rejoice indeed. I have a problem with the "no criminal intent" bit too; ignorance, generally, is said to be no defence, and given the army of lawyers BT employs - and phorms frequent citing of the law - they are unlikely to have been in any doubt whatsoever of what they were doing. It would be nice to think that the previous regime would be held to account for their total disinterest in the whole affair, but that would be hoping for too much.

Posted by Guest_Again about 1 year ago
Xlent news. It's only a pity that BT weren't charged for it though.
Really bad 'form' & BT/Phorm for pulling that crepe.

Posted by donewalking about 1 year ago
Is this a case on BT snoopping on our Internet activity's without our permission ?

I have read some of the case but im not up on this sort of things, will i be able to copy game, films of the internet and the ISP will not be able to see what i have downloaded ???

I might be a bit thick on this sort of thing (or a lot thick some might say)

It will teach them a lession if they do get done,BUT who will end up paying for it US.