Virgin Media fingered to the EC

PRIVACY INTERNATIONAL has pushed ahead with its plans to ask the European Commission to take a look at a controversial Virgin Media web traffic monitoring tool.

The tool in question is called CView, which was developed by Detica and is set to be used by Virgin Media to monitor its users' web habits. Although Virgin is only said to be considering use of the tool, the privacy advocacy group has warned that if Virgin goes ahead with the plan, it will throw the full weight of the law at it.

In November when the idea was first suggested, the group said, "The global watchdog organisation Privacy International today expressed its deep concern at the revelation that Virgin Media is about to commence a trial of Deep Packet Inspection technology by Detica, known as CView.

"It has been reported in the press that Virgin Media is planning to deploy the trials across 40 per cent of its customer base without either obtaining a warrant or seeking the consent of all parties involved in the communications."

Alexander Hanff, head of ethical networks at Privacy International, added, "I am deeply concerned that Detica's CView used in this way will infringe on consumer's fundamental rights to privacy as afforded to them under UK and EU Law. I am dismayed that despite the Commission's Infringement Action, the private sector still believe they can conduct such activity lawfully. The Commission have made themselves completely clear that informed consent is required under existing EU Directives. Due to the chaotic enforcement by relevant public authorities, that the UK has become a hotbed for surveillance."

Today Hanff confirmed that the EC was investigating the use of the technology, which he said was illegal. In a letter from the EC, which we have seen, the regulators said that they would seek to protect the rights of individuals and businesses in the face of "the interception or surveillance of communications."

Closer to home, the UK's Information Commissioner's Office (ICO) is also looking at Virgin's use of Cview, and Hanff added, "They are currently investigating the situation with regards to Privacy and Electronic Communications Regulations (PECR). I am in regular contact with ICO and they will let me know as soon as they have reached a decision."

Hanff added that although Virgin has not pushed ahead with its launch yet, he would be ready when it did. "I will put in a criminal complaint with the Metropolitan police under the RIPA act for illegal interception, just as I did with Phorm."

Over at rival ISP Talktalk, the firm's chief executive, Charles Dunstone has also been discussing privacy and copyright infringement. Dunstone checked in to a meeting this week hosted by Talktalk in London to air his views on the dangers of cutting off filesharers, and reports suggest that he believes that copyright holders should take their own actions against copyright infringers rather than relying on the government to launch its "three strikes and you're out" policy.

Once Talktalk remembers its own "it's good to talk" maxim and picks up the phone, we hope to provide you with more information. µ