HP admits to spy op, lawyers dig in
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SEC and California want answers HP today divulged some of the grimy details behind its boardroom mole hunting operation.â¦
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(InfoWorld) - Hewlett-Packard board members and journalists were under physical surveillance by investigators trying to find out who was providing information to reporters, and private investigators tried to put tracking software on a journalist's computer to keep tabs on e-mail, according to a New York Times report. Patricia Dunn, HP's chairman, the company's general counsel and a staff attorney oversaw the internalÂ investigation of news leaks, the Times reported, citing anonymous sources who have been briefed on HP's findings so far regarding the secret investigation. It isn't clear how much involvement in the investigation there was by Dunn and others at HP, the Times reported Monday. HP announced last week that Dunn willÂ step aside as chairmanÂ in January, although she will remain as a director. Two others also have resigned from the board in the wake of the scandal. Over the weekend, HP identified Michael Moeller, director of corporate media relations, as one of two HP employees who was targeted in the internal investigation. "Investigators' suspicions were misdirected and unfounded," Robert Sherbin, HP's vice president for external communications was quoted as telling the Times on Sunday. The internal investigation reportedly was conducted in two stages, with the first from January 2005 to August of that year, which came up with nothing to go on, and then a second phase beginning in January 2006 after the technology news site of CNET NetworksÂ posted an article about an HP senior management meeting held that month. The board first clamored for an investigation into leaks of information to journalists in January 2005 following an article in The Wall Street Journal that spoke of board discussions regarding management reorganization and changes in the responsibilities to be handled by Carly Fiorina, who was then chief executive officer and chairman. She was ousted by the board in February 2005. Within days of that board action, The New York Times published a detailed account of a directors' meeting that was crucial to her ouster. Reporters from the Times, the Journal, CNET and Business Week have been informed by the California attorney general's office that HP investigated them. California and federal authorities are investigating HP's conduct and the California attorney general has said that charges are likely. HP has admitted that its the private investigative firm it hired used "pretexting," with investigators pretending to be journalists in order to obtain their personal telephone records. Even after a summary of the internal investigation was presented to leaders at HP, in Palo Alto, California, those in charge were unaware that possibly illegal methods had been used to obtain information, the Times reported. In May, the investigation's findings were relayed to the board of directors, including the allegation that its longest-running member, George Keyworth, was the source of the leaks to journalists. He refused to resign, but Vice Chairman Thomas Perkins, an influential and important Silicon Valley venture capitalist, was incensed over the probe and quit the board. He then turned his attention to pressuring Dunn to resign. His surprising departure was announced in a mildly worded HP statement that offered no clue as to the fractious nature of what had transpired, details of which began to emerge in news accounts earlier this month.
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Hewlett-Packard Co. HPQ.N on   Thursday admitted that private investigators hired by its board   had acquired the phone records of several journalists in an   attempt to find a suspected boardroom leaker, the Financial   Times reported on Friday.
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Hewlett-Packard Co. HPQ.N is   under investigation by U.S. federal prosecutors over its   inquiry into boardroom leaks to the press, authorities said on   Monday, adding to the computer maker's legal woes.
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Plus: Google apps for your site, and HP's pretexting debacle.
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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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By Therese Poletti; Ryan Blitstein  Hewlett-Packard agreed today to pay $14.5 million to settle civil claims brought by the California attorney general's office, also today, arising from the company's board-spying scandal.
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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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(InfoWorld) - Verizon Wireless Inc. has sued Hewlett-Packard Co.'s (HP's) private investigators for faking their identities to obtain other people's phone records, a practice known as "pretexting." In a case filed Thursday in U.S. District Court in New Jersey, Verizon asked a judge to award it damage payments and to block the defendants from gaining any more records. Verizon said it did not know the investigators' identities, but defined them as "John and Jane Does" who were retained by HP in 2005 and 2006 to investigate confidential information leaks from HP's board of directors, according to the lawsuit. Those people obtained private information about Verizon Wireless customers by using pretexting calls to gain access to the company's protected computers and data storage facilities. They then sold that information. Both actions violate the national Computer Fraud and Abuse Act, Verizon said. The scandal has already forcedÂ Patricia Dunn to resign as HP board chairman, andÂ sparked investigations by the California attorney general and the U.S. House of Representatives. In court papers, Verizon described how a woman called Verizon customer service on May 17, 2005, asking to see phone records for an HP director. She called back three days later, arranging to block text messages to that phone and logging on to the person's online account. Then, on Feb. 1, 2006, someone called Verizon customer service again, asking for the number of a second phone on that account. Later that day, the person logged into the account again and changed the password, this time from a computer with a different IP (Internet Protocol) address. The next day, someone called Verizon and asked to see call records of the director's spouse. Verizon workers grew suspicious and placed a warning on the account. Someone called again on March 1, offered the spouse's Social Security number and asked for the mobile phone number. Already wary, Verizon workers called the mobile phone and found that the customer's voicemail did not match the caller's voice. When someone tried again to access the records on March 14, Verizon workers refused. Verizon hopes the lawsuit will help restore its customers' confidence in the security of their records, saying that its reputation has been harmed by the spying. "Verizon goes to great lengths to protect confidential customer information," including training its customer service representatives to identify the schemes used by illegal data brokers, the suit said. Despite those precautions, the HP investigators used "fraud, trickery and deceit" by making pretexting calls to Verizon representatives to gain unauthorized online account access, the suit alleges. Verizon said it will update the suit once it learns their identities. Â ADVERTISEMENTMAKE SOA REAL WITH IBM WEBSPHERE PODCASTStreamline processes and maximize efficiency within a proven service oriented architecture. Take back control of your business processes with IBM WebSphere.
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(InfoWorld) - A shareholder lawsuit against Hewlett-Packard (HP) forÂ attempting to spy on board members and reportersÂ has been expanded to include charges of insider stock trading. An amended complaint filed Wednesday in the Superior Court of California for Santa Clara County accuses HP Chairman and Chief Executive Officer Mark Hurd and seven other company executives of selling $41.3 million worth of HP stock at "inflated prices" shortly before the company revealed that its investigators had used questionable and possibly illegal techniques to gain access to personal records such as phone call logs. The eight executives sold 1.7 million shares of stock between Aug. 21 and Sept. 6, according to the lawsuit. In an Aug. 31 filing with the U.S. Securities and Exchange Commission (SEC), HP said an outside investigator used the practice of pretexting, pretending to be someone else, to gain access to personal records. Former HP Chairman Patricia Dunn and four others face criminal charges stemming from their alleged participation in the spying, which also used e-mail tracer technology, according to testimony before a U.S. congressional committee. HP also tried to prop up the value of its stock price by announcing on Aug. 21 it would repurchase $6 billion worth of its stock, the lawsuit says. "In the midst of this acrimony HP executives cashed in," says the complaint, filed by the Lerach, Coughlin, Stoia, Geller, Rudman & Robbins LLP law firm. HP issued a statement calling the lawsuit "baseless." The lawsuit "represents a transparent effort to exploit issues related to HP's recent investigation for personal gain at the expense of HP, its shareholders and its employees," the statement said. "HP will defend itself vigorously." HP acknowledged that it had obtained the phone records of 12 people by using pretexting. The stockholder lawsuit, originally filed in September, asks the court to declare that HP's executives have "committed breaches of their fiduciary duties" and to order executives to repay the amount the company has been damaged by the spying scandal. The lawsuit also asks the court to require HP to reform its corporate governance and to extract punitive damages from Dunn, Hurd and other HP executives.
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Hewlett-Packard settled cases with The New York Times Company and three BusinessWeek journalists Wednesday after being caught spying on reporters in 2006.
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You'd have pretexted it HP - which faces US federal and state investigations for spying on board members and journalists - is co-sponsoring an award for "privacy innovation".â¦
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SAN FRANCISCO - In snooping on a reporter to pinpoint internal news leaks, Hewlett-Packard used high-tech tools common to spammers, phishers, retailers, suspicious employers and investigators. Those tools, including phishing-style e-mail and tracing software, underscore the growing use of electronic surveillance to monitor consumers' every digital move, computer-security experts say.
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Needham private investigator Ronald R. DeLia is cooperating with probes of Hewlett-Packard Co.'s conduct, his attorney said yesterday.
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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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Hewlett-Packard Co. yesterday said a Needham private investigator assured the computer maker its investigative methods were legal, then apparently used ``pretexting," or lying, to obtain phone and fax records of 18 company board members, employees, and journalists.
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By Ross Kerber and Sacha Pfeiffer, The Boston Globe  Sep. 14--California officials investigating the corporate spying issues  at Hewlett-Packard Co.