Not only did BT trial the offensive Phorm system last year (despite denying it at the time and subsequently), but it transpires that BT ran tests on 18,000 customers back in 2006, again without seeking permission. (Register article, BBC News article)
In essence, the story is as follows:
1. The pilot ran from 23/9/06 to 6/10/06
2. All 18,000 customers were opted-in with no attempt to seek consent
3. BT still plan to change their terms and conditions (which they presumably violated in the 2006 and 2007 tests) before any further implementation.
4. BT refuse to say where these 18,000 customers were.
5. In 2006, the system was called "PageSense".
6. The BT tech guy at the time was Stratis Scleparis, now he's with Phorm.
The BBC report quotes a FIPR spokesman as saying that the tests were "an illegal intercept of users' data".
On the bright side, Phorm's share price continues to fall.