Spokesman among targets in HP leak probe
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Michael Moeller, who has spoken out on the company's behalf, was among those whose records were improperly accessed, CNET News.com has learned.
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By Pete Carey, San Jose Mercury News, Calif.  Sep. 18--Hewlett-Packard delivered a stack of documents to Congress today  related to its boardroom-leak probe, in advance of hearings later this month  to take testimony from HP's chairman and top inside and outside lawyers.
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(InfoWorld) - An attorney hired by Hewlett-Packard to investigate the conduct of HP and outside investigators has provided new details of his firm's investigation ofÂ news leaks from the HP board. Mike Holston, a partner in Morgan, Lewis & Bockius was hired Sept. 8 to conduct an independent investigation of the scandal and reports directly to HP Chief Executive Officer and President Mark Hurd. Morgan Lewis has reviewed some of the approximately 1 million pages of documents it received from HP and outside investigators hired by HP to trace the news leaks. It determined that HP Board Chairman Patricia Dunn authorized two separate investigations: one to probe leaks in 2005 and a second in 2006. The Morgan Lewis probe found that HP hired in 2005 Security Outsourcing Services (SOS), of Needham, Massachusetts, a private security firm, to probe the first series of leaks. This is the first official confirmation that HP hired that firm, even though it had been identified in several recent news stories. Two months into SOS's probe, HP's Global Security division also joined the investigation. The investigation concluded in July 2005 without being able to identify the source of those leaks. When CNet NetworksÂ reported Jan 23, 2006, on the details of a private board meeting, HP launched a second investigation with the help of SOS and HP Global Security. Dunn, Hurd, HP's General Counsel Ann Baskins, and Jim Fairbaugh, chief of Global Security, approved the second investigation. Dunn and Baskins were kept up to date on the course of the investigation over the next three months, Holston said. "It is now clear that the investigation included tactics that ranged from the review of HPâs internal e-mails and instant messages, to the physical surveillance of an HP Board member and at least one journalist, to the "pretexting" of telephone call information of board members, HP employees, and journalists," he said, adding that SOS's legal counsel informed HP that SOS's investigative techniques were legal. The investigators presented a draft report to HP in March 2006 identifying the source of the board leaks and detailing some of their investigative methods, including pretexting, which is obtaining access to private phone records under false pretenses. HP sent a copy of the report to its outside legal counsel and the report was disclosed at a May 18 board meeting. In a separate HP filing Sept. 6 with the U.S. Securities and Exchange Commission, the company disclosed that director George Keyworth was the source. While he acknowledged his role, Keyworth refused to resign at that May board meeting. HeÂ eventually resignedÂ Sept. 12. Holston went on to say that Tony Gentilucci, another member of HP's Global Security division and a member of the investigative team, turned over the Social Security number of an HP employee to SOS. SOS then turned that and other Social Security numbers over to Action Research Group, another private investigative firm, which used the numbers to help gain unauthorized access to private phone records. This is also the first acknowledgement that Action Research, of Melbourne, Florida, was involved, although it had been identified in news reports. Disclosing personal employee information is a violation of HP policy, and could result in Mr. Gentilucci's dismissal, said a source inside the company who declined to be identified. Holston also disclosed that investigators attempted to send an e-mail to a CNet reporter from a fictitious disgruntled HP employee that contained a hidden attachment, called a "tracer," that would track who the reporter contacted about the tip so as to identify her sources. HP did not disclose the identity of the reporter Friday, but she was identified in a Sept. 21 Washington Post article as Dawn Kawamoto. But Holston said it could not be determined whether the tracer was ever activated. Hurd acknowledged in his remarks that heÂ approved the fake e-mail schemeÂ but said he did not know it involved use of the tracer. And although another scheme to send spies into the San Francisco offices of CNet and The Wall Street Journal posing as clerical or janitorial workers was considered, there was no indication it was ever carried out, Holston said.
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(InfoWorld) - Several people connected to the Hewlett-Packard Co. (HP) board scandal have been invited to testify at a U.S. House subcommittee hearing Sept. 28 on the issue ofÂ pretexting to get confidential phone records. Patricia Dunn, chairman of HP's board, and Ann Baskins, HP's general counsel, have been invited to testify at a hearing of the Oversight and Investigations Subcommittee of the House Energy and Commerce Committee in Washington, D.C. Also invited to testify is Larry Sonsini, lead outside counsel for HP, and Ronald DeLia, managing director of Security Outsourcing Solutions Inc., a Needham, Massachusetts, corporate security company identified as having been hired by HP to investigate who on the board leaked news of a confidential strategy session to the media. HP and outside firms it hired to conduct the investigation are facingÂ possible criminal charges in California for using pretexting to surreptitiously gain access to the personal phone records of HP directors and nine journalists. Dunn has agreed to resign as chairman come January as a result of her role in the investigation, but will remain on the board. Sonsini, chairman of the law firm Wilson Sonsini Goodrich & Rosati, advised HP on the legality of its investigation of the leaks. The committee is considering federal legislation to outlaw pretexting in the U.S. and put other limits on the work of so-called data brokers who gather information for clients. Sometimes their means are duplicitous, such as impersonating an individual to gain unauthorized access to confidential records. HP is being investigated by the Attorneys General of California and Massachusetts, the U.S. Federal Bureau of Investigation and the U.S. Attorney's office for actions it took to investigate the board leaks that may have violated the law. Terry Lane, a spokesman for the House committee, said the witnesses have not been subpoenaed to testify but could not say what the committee might do if they declined the invitation. Although HP has said it is willing to cooperate on investigations into the pretexting case, spokesman Mike Moeller said the company would not comment specifically on whether Dunn and Baskins would accept the invitation to testify. Neither of the others responded to a request for comment. Â
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Hewlett-Packard Co. (HP) has submitted thousands of documents to a House subcommittee looking into how the company tracked down boardroom leaks.
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By MICHAEL LIEDTKE  SAN FRANCISCO - Hewlett-Packard Co.'s early efforts to plug a boardroom leak targeted the phone records of then-Chief Executive Carly Fiorina, according to a person familiar with one of the investigations looming over the computer and printer company.
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(110 sec.) An update on the major players in the Hewlett-Packard spying scandal.
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(InfoWorld) - A U.S. government panel has asked a corporate ethics lawyer from Hewlett-Packard (HP) to testify in its Sept. 28 hearing onÂ the company's use of "pretexting"Â to spy on journalists, board members and other employees. The investigative unit of the U.S. House Energy and Commerce CommitteeÂ said Wednesday that it has asked HP Senior Counsel Kevin Hunsaker and Fred Adler, a company computer security investigator, to join a growing list of witnesses. The subcommittee had also previously requested testimony from outgoing HP Chairman Patricia Dunn, HP General Counsel Ann Baskins, HP Global Security Manager Anthony Gentilucci, outside attorney Larry Sonsini as well as outside investigators. The practice of "pretexting" usually involves pretending to be a person, in order to obtain that person's personal information. An HP spokesman declined to comment. Up until now, Dunn has insisted she merely initiated the probe of boardroom leaks, and was ignorant of specific techniques used by investigators. "Unfortunately, the investigation, which was conducted with third parties, included certain inappropriate techniques. These went beyond what we understood them to be, and I apologize that they were employed," Dunn said in a recent statement. ButÂ e-mail correspondence examined by newspapersÂ including The Wall Street Journal and The New York Times indicates that top HP officials solicited Dunn's opinion and questioned investigation techniques throughout the course of the leak probe. As early as Aug. 6, 2005, HP's Gentilucci asked for Dunn's advice about using "internal and external sources" to gather intelligence on "interested parties," according to company e-mail seen by The Wall Street Journal. Gentilucci offered to brief HP management on more details of "Project Kona" in a proposed meeting on Aug. 31. It is still unknown if that meeting took place, but Dunn replied to the e-mail, promising to respond. By Jan. 28, 2006, e-mail from Hunsaker to Adler shows that HP's own lawyers were closely questioning investigation techniques, The Wall Street Journal reports. Asked whether HP could legally spy on board members' cell-phone text messages, Adler replied: "Even if we could legally obtain the records, which we can't unless we pay the bill or get consent, I would highly suspect text-messaging records are not kept due to volume and expense." It is unclear if HP obtained text messages. But in an April 28 e-mail to Gentilucci and an outside investigator, Ron DeLia of Security Outsourcing Solutions Inc., in Boston, Hunsaker said he was writing at General Counsel Baskins' request to confirm the details of how the investigation team obtained phone records, The Wall Street Journal reports. In the e-mail, Hunsaker described how investigators were making "pretext calls." Hunsaker also said in the e-mail that his legal research confirmed that pretexting is legal. However, California Attorney General Bill Lockyer has said that using fraudulent means to obtain personal information is not legal in the state. Lockyer has said he has evidence to charge people outside and inside HP. House investigators have also asked for testimony from DeLia and private investigator Joe Depante, owner of Action Research Group, which was reportedly hired by HP to help in the investigation. Dunn agreed on Sept. 12 to resign her own position, and will be replaced in January by current chief executive Mark Hurd. Â
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California's attorney general is preparing to file criminal complaints today against ousted Hewlett-Packard Co. chairman Patricia C. Dunn and four others for their roles in the Hewlett-Packard Co. spying operation that surfaced last month, according to sources close to the case.
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Hewlett-Packard Co. HPQ.N said   on Monday it has been contacted by U.S. federal prosecutors   seeking information about the company's investigation into   boardroom leaks to the press.
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Investigators for Hewlett-Packard Co. sought private telephone records of board members while hunting for leaks to the media of confidential company information, the computer maker said in a regulatory filing Wednesday.
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By Connie Guglielmo and Karen Gullo  The scandal over Hewlett-Packard Co.'s secret probe to catch directors leaking information to the media deepened Thursday, with the California attorney general threatening to bring criminal charges.
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The Hewlett-Packard surveillance campaign ranged from internal monitoring of e-mail and instant messages to physical surveillance of an HP board member and at least one journalist, according to one of the lawyers at the firm recently retained by the company to investigate its conduct in the matter.
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Hewlett-Packard Co.'s early efforts to plug a boardroom leak targeted the phone records of then-Chief Executive Carleton Fiorina, according to a source familiar with one of the investigations looming over the computer and printer maker.
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An attorney hired by Hewlett-Packard to investigate the conduct of HP and outside investigators has provided new details of his firm's investigation ofÂ news leaks from the HP board.
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Documents offer new details of HP's leak hunt, including info Patricia Dunn shared with private investigators.
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US federal prosecutors have asked for information on Hewlett Packard's probe into boardroom leaks, the group says.