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.