Nicholas Bohm (General Counsel for Foundation for Information Policy Research - fipr.org) has kindly drafted some text which UK webmasters may want to put on their sites.

The text is a copyright notice which indicates that interception by methods such as Phorm is strictly forbidden.

PHORM PROHIBITED

The contents of this site, and communications between this site and its users, are protected by database right, copyright, confidentiality and the right not to be intercepted conferred by section 1(3) of the Regulation of Investigatory Powers Act 2000.

The use of those contents and communications by Internet Service Providers or others to profile or classify users of this site for advertising or other purposes is strictly forbidden.

The Phorm battle needs to shift away from the end user (who's rights have been abandoned by the Home Office, ICO, and the police) to the website owners.

If you post a notice such as the above on just one page then you are prepared and have taken safeguards to protect your data. If this battle ever goes to court it can not be used as a defence by dpi vendors that your site is fair game.