The Register reports that Orange, having been in discussions with Phorm won’t be working with them.
“Privacy is in our DNA, so we need to be honest and clear about what we are doing. We have decided not to be in Phorm because of that… The way it was proposed, the privacy issue was too strong.” 
 Unfortunately all is not completely rosy, as Orange are to consult customers about what usage of their data is acceptable.  Ho hum.