Foundation for Information Policy Research (FIPR) have released a statement to the BBC this afternoon stating they believe that Phorm's technology contravenes the Regulation of Investigatory Powers Act 2000 (RIPA).
As a result they have issued the Information Commissioner's Office with an Open Letter on the legality of these technologies. In it they discuss issues such as the Opt-Out cookie fiasco, issues with regards to explicit informed consent as opposed to implied consent (criticising the Home Office press release in doing so) as well as discussing s1 and s2 of RIPA.
You can read the press release and the open letter on FIPR's website here
Alexander Hanff
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