Rise and Phall: Lessons from the Phorm Saga

Bernal, Paul (2011) Rise and Phall: Lessons from the Phorm Saga. In: Computers, Privacy and Data Protection: an Element of Choice. Springer, pp. 269-283. ISBN 978-94-007-0640-8

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The saga of Phorm’s Webwise behavioural targeting system, has been fraught with problems: legal challenges, technical disputes, serial campaigning, police action, EU action, smear campaigns and propaganda. Until the spring of 2009 it had looked as though Phorm would succeed, with the UK government firmly behind it, three of the biggest ISP’s planning to use its service, an endorsement of sorts from noted privacy advocates and guarded approval from the Information Commissioner’s Office. Then, however, things began to fall apart, and by the autumn of 2009 Phorm’s business model was in tatters. Why did this happen, and what lessons need to be learned? This chapter looks at the Phorm saga through the lens of Symbiotic Regulation, and suggests that Phorm’s apparent failure has been a result of their failure to understand the complexity of the regulatory matrix. In particular, Phorm underestimated the views of user-groups and digital rights advocates – and the influence and effect those views could have. The saga has many losers – as well as Phorm itself, the UK government and the ISPs all come out the worse for wear. This chapter suggests how much of this could have been avoided.

Item Type: Book Section
Faculty \ School: Faculty of Social Sciences > School of Law
UEA Research Groups: Faculty of Social Sciences > Research Groups > Media, Information Technology and Intellectual Property Law
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Depositing User: Paul Bernal
Date Deposited: 07 Apr 2011 12:38
Last Modified: 22 Oct 2022 23:47
URI: https://ueaeprints.uea.ac.uk/id/eprint/28375

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