The internal report on the two week operation said that its specific aim was to track users without them noticing.
For ‘noticing’ I think they meant ‘KNOWING’
The Home office's own advice, obtained by BT after it had run the two secret trials, said deployments of Phorm's systems would only be legal under RIPA if consent was obtained from ISP subscribers.
BT seem to be 'above the law' by not checking before running these tests.
dave