U.K. Government Accused of Being Too Close to Phorm

The U.K. Home Office has been accused of seeking approval from behavioral targeting outfit Phorm before issuing its own stance on the legality of its controversial technology. A series of e-mails published under the freedom of information act reveal the parties were in ongoing contact, and appear to suggest the Home Office sought guidance from Phorm on legal matters regarding its practices.

An unnamed Home Office official sent an e-mail to Phorm in January 2008, stating, “I should be grateful if you would review the attached document, and let me know what you think.” In response to deletions and amendments to the document made by Phorm, the Home Office sent another e-mail stating, “If we agree this, and this becomes our position do you think your clients and their prospective partners will be comforted?”

Phorm itself launched a Web site earlier this week, StopPhoulplay.com, designed to “expose and rebut” false accusations made against it. Via the site, the company said it is normal practice for businesses to engage with government regarding their services, and that the decision regarding the legality of the system “lies squarely in the courts of law.”

The firm also blames privacy groups such as the Open Rights Group (ORG), and the Foundation for Information Policy Research, for what it describes as a “smear.”

Privacy consultant and ORG representative Alexander Hanff, described by Phorm as an “angry activist,” said the relationship was “worse than just an ongoing conversation.” In an e-mail he sent to ClickZ, Hanff said, “The Home Office blatantly asked Phorm if their ‘interpretation’ was suitable for them and their clients, and even allowed Phorm to suggest changes to the Home Office statement. It is a disgusting illustration of the government bending to the will of commercial interests and as an affront to democracy itself.”

Phorm itself has hosted a number of events and discussion forums designed to encourage debate around its practices.

The EU announced earlier this month it was launching legal proceedings against the U.K. Government over trials of Phorm technology carried out by U.K. ISP BT without the consent of its customers in 2006 and 2007. It has not, however, raised specific objections to future implementation of the technology, provided user consent is gained in advance.