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    BT and Phorm are not out of the woods, from the rozzers yet

    This is a discussion on BT and Phorm are not out of the woods, from the rozzers yet within the Website news forums, part of the SkyUser Announcements category; I have received a response from the office of the Director of Public Prosecutions. It would seem that I now ...

    1. #1
      NewsreadeR's Avatar
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      BT and Phorm are not out of the woods, from the rozzers yet

      I have received a response from the office of the Director of Public Prosecutions. It would seem that I now need to hand all the evidence to the Crown Prosecution Service directly (effectively bypassing the City of London Police) at which point they will decide whether or not to prosecute. If the conditions are met from their 2 stage test they will seek permission from the DPP to move forward with a prosecution which the CPS will commence (irrespective of CoL Police previous assessment).

      The complete text can be found below:

      CONSENT TO PROSECUTE ALLEGED OFFENCES UNDER SECTION 1 OF THE
      REGULATION OF INVESTIGATORY POWERS ACT 2000
      The Director of Public Prosecutions has asked me to respond on his behalf to your email of 26 September.
      You are correct that prosecutions for offences under section 1 of the Regulation of Investigatory Powers Act 2000 can only be commenced if the Director gives prior consent. In order for the Director to decide whether it would be proper for him to give consent for the prosecution of the two companies you name in your email it will be necessary for the CPS to review any evidence which might indicate that they have committed criminal offences. Such evidence is reviewed against the Test laid out in the Code for Crown Prosecutors, a copy of which can be obtained from the CPS website at http://www.cps.gov.uk/publications/code for crown prosecutors/index.html. The Code Test contains two stages, the first of which is the evidential stage. At this stage Crown Prosecutors must be satisfied that there is enough evidence to provide a ‘realistic prospect of conviction’ against each defendant in each charge. A realistic prospect of conviction is an objective test. It means that a jury or bench of magistrates or judge hearing a case alone, properly directed in accordance with the law, is more likely than not to convict the defendant of the charge alleged.
      If the evidential stage of the Test is satisfied Crown Prosecutors must then move to second stage to determine whether it is in the public interest to prosecute. This is judged against a non-exhaustive set of criteria for and against prosecution set out in paragraphs 5.9 and 5.10 of the Code.
      Applications for consent to prosecute normally come from thepolice and are dealt with by the CPS Area in which the application arises. Applications from private individuals are similarly dealt with at a local Area level. In your case this means that CPS London (which is responsible for prosecuting cases investigated by the Metropolitan and City of London Police Forces) will review any evidence which you can supply and will assess it against the Code Test in order to determine whether consent to prosecute should be given. It may also be necessary for them to liaise with the City of London police to determine whether there are any other avenues of investigation which can reasonably be pursued.
      Where consent is necessary for a private prosecution, and the Director gives his consent to prosecute, it is the CPS’ policy to take over conduct of the prosecution in accordance with section 6(2) of the Prosecution of Offences Act 1985.
      Mr Rene Barclay, Director of Serious Casework for CPS London, will review any evidence that you can supply. It may be helpful, therefore, if you would write directly to Mr Barclay enclosing any documentary evidence which you have. His correspondence address is CPS London, 4th Floor, 50 Ludgate Hill, London EC4M 7EX.

      I hope this letter answers your question satisfactorily. If I can be of further assistance to you, please do not hesitate to contact me.

      Author: Alexander Hanff
      Full post here: NoDPI.org Discussion on Phorm, BT and other DPI activities

      Lets hope these guys can actually prosecute BT and Phorm for their ALLEGED OFFENCES UNDER SECTION 1 OF THE REGULATION OF INVESTIGATORY POWERS ACT 2000

      Oh and to brighten Phorm's day even more, your shares are at 350, what's it like to be on a sinking ship?

      Get the message, we don't want you, or need you!


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    3. #2
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      Re: BT and Phorm are not out of the woods, from the rozzers yet

      Good! Good! Good!
      Geoff, York.
      Can't call me a Luddite now!


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      Re: BT and Phorm are not out of the woods, from the rozzers yet

      This is the sort of thing which happens when BT allow the accountants to run things. Nothing but a bunch of spivs, they should crawl back under their stones.

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      Re: BT and Phorm are not out of the woods, from the rozzers yet

      Now hit The Register

      CPS to consider private prosecution over stealth Phorm trials ? The Register

      I hope Sky believe that they would be making a mistake, if they were to ever implement or even consider implementing Phorm.


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      Re: BT and Phorm are not out of the woods, from the rozzers yet

      I would love to know if I was part of this secret trial as I was with BT back then, but I guess the chances of finding out are very slim. I would be pretty annoyed to say the least if it turned out that this didn't happen to me.

    7. #6
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      Re: BT and Phorm are not out of the woods, from the rozzers yet

      Phorm Shares now at 225

      Read that graph and weep

      PHORM INC Share Price PHRM PHRM.L - Interactive Investor

      Here's a little entertainment for the staff at Phorm, hope you like Johnny Cash.

      YouTube - Johnny Cash- Ring of Fire 1968

      Oh and stop visiting us, you're not welcome!


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    8. #7
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      Re: BT and Phorm are not out of the woods, from the rozzers yet

      See now what we need is some juicy rumor to go around the stock market saying that it will all be made illegal or something and watch it drop though the floor.

      Hmmm how's about this for phorm to pick up on,

      PHORM to be made illegal by the EU!! ,


      rumor says today.
      I'm a PC, and Windows 7 Backup saved my sanity when BitDefender imploded !!!

     

     

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