El Reg has a report that EU commissioners believe that HMG's response to their request for information as to why no action was taken over BT's covert spying on customers' web browisng was inadquate and want a better one. The original response was not only inadequate, but submitted late.
Martin Selmayr, spokesman for commissioner Viviane Reding's Information Society and Media directorate-general told The Register the UK had more questions to answer. "We wrote to them again on the 6th [of October]", he said. "For us the matter is not finished. Quite the contrary." quoted from the Register
Importantly, it's likely that the third trial (which is reported to have begun on 30th September, but for which no known participants have been identified) also breaks UK and EU rules on data privacy. Among other issues, it is thought that the invitation to participate is still an opt-out approach, and the essence that they will scan through all the victims' participants' web activity is somewhat buried in spurious claims that the system is designed to protect the user against phishing attacks.
Meanwhile Phorm shares continue to sink towards to 400p mark, so it is possible the whole vile crackpot scheme to pry through BT customers' web activity will sink as Phorm kicks the bucket (a prospect that does not, i have to admit, fill me with dismay).
Read The Register's coverage of the BT-Phorm phiasco here. Also see the BadPhorm website.