It seems that even though the City of London police were not able to investigate Phorm and BT, because of the complexity and cost of mounting a full investigation into the secret trials of the targeted advertising scheme, a private prosecution is not out of the question according to the Crown Prosecution Service.
The high profile anti Phorm protester, Alexander Hanff, has been speaking to the CPS about this matter.
All that Alexander Hanff has to do is convince the CPS that there is enough evidence to give the prosecution a good chance of winning the case.
However, he would then have to show that this case would be in the public interest.
Now it seems that it is down to the CPS to come to a decision on whether or not to proceed.