HP lawyer gives blow-by-blow of leak probe
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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) - Like a good friend who has just gotten out of a terrible relationship, Hewlett-Packard seemed to be on the rebound and all the happier for it in recent months. After the departure of controversial CEO Carly Fiorina, the company has as of late shown newfound confidence and focus under new CEO Mark Hurd. But allâs still not well in the higher echelons of HP, as revealed in a filing the company made to the U.S. Securities and Exchange Commission. The sudden and unexpected resignation of Silicon Valley venture capitalist Thomas Perkins from HPâs board of directors in May turned into a full-blown scandal last week, spawning law enforcement and SEC investigations and a PR nightmare for HP. At the center of the controversy is a legally and ethically questionable internal investigation of leaks of confidential company information to the media dating back to 2005. According to a copy of a letter from Perkins to the HP board explaining his sudden resignation, and republished on thesmokinggun.comâs Web site (a sure sign, if ever there was one, that youâre in the PR doghouse), HP hired outside companies to obtain personal phone records of board members using âpretextingâ (thatâs âsocial engineeringâ to you and me), in which a private investigator impersonated board members to obtain details of private phone company billing statements. In his letter, Perkins says he has proof that his own phone records were âhackedâ in the investigation. Those investigations ultimately fingered George Keyworth, an HP director since 1986, as the source of information about board deliberations and other confidential information, which were leaked to the media without authorization. Keyworth acknowledged he had leaked information at a board meeting on May 18 but refused the boardâs request to step down. Perkins announced his own resignation at that meeting, citing âpersonal frustrationâ with board Chairwoman Patricia Dunn over the handling of the leak investigation. In the meantime, the dispute has spilled over into the public domain. The attorney general of California asked HP to supply information about the leak investigation. The SEC has also been in touch over the 8-K filing HP made when Perkins resigned. HP believes its disclosures in May were âaccurate and complete.â In an Aug. 31 meeting, HPâs board of directors determined that Keyworth shouldnât be nominated for another term on the board.
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(InfoWorld) - In an advance copy of his Congressional testimony released by a House Subcommittee on Wednesday, Hewlett-Packard chief executive officer (CEO) Mark Hurd blamed the scandal that has besieged his company on "a rogue investigation" that got out of hand. "How did such an abuse of privacy occur in a company renowned for its privacy? The end came to justify the means," Hurd wrote. "The investigation team became so focused on finding the source of the leaks that they lost sight of the privacy of reporters and others. They lost sight of the values HP has always represented." Former HP Chairman Patricia Dunn , forced to resign Sept. 21 because ofÂ the scandal,Â defended in her testimony her decision to investigate the leaks of confidential board discussions to the news media. Both are among several witnesses expected at a hearing before the Oversight and Investigations Subcommittee of the House Energy and Commerce Committee on Thursday in Washington. The committee is looking into the practice of "pretexting," or using false pretenses to gain access to confidential records. Investigators hired by HP to find the source of leaks engaged in pretexting to get hold of the phone records of directors, HP employees and reporters who cover the Palo Alto, California, technology company. Although much of the criticism of the scandal surrounds the tactics used by the investigators, Dunn wrote in her testimony that equal consideration should be given to the leaks from within the company that damaged HP. HP's board was notorious for its leaks to news media and that such disclosures made it difficult for the board to deal with important issues candidly, she wrote. "I wish fervently that none of this had ever happened," Dunn wrote in her testimony. "But boards have an unquestionable obligation to take steps to prevent [leaks]. That certain steps taken during the investigation went well beyond what was appropriate does not undermine the importance of the board's mission in this matter."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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Attorney general calls former Chairman Patricia Dunn 'catalyst' for HP leak hunt and say others could be charged.
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SAN FRANCISCO -- Hewlett-Packard Co.'s chief ethics officer learned the company's detectives were relying on shady tactics to gather private phone records long before a boardroom battle over media leaks triggered criminal and congressional investigations .
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By RACHEL KONRAD Associated Press  Company-hired investigators sought the source of a leak.   SAN FRANCISCO -- Investigators for Hewlett-Packard Co.
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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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A former Hewlett-Packard Co.   board member has asked U.S. prosecutors, as well as  U.S. trade and communications regulators, to review an HP  investigation in which directors' and journalists' private  phone records were accessed.
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California's attorney general has   launched an inquiry into methods used by Hewlett-Packard Co.   HPQ.N to investigate boardroom leaks dating back to 2005, the   computer maker said on Wednesday.
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US congress and federal prosecutors have launched an informal inquiry into the way Hewlett-Packard Co conducted an internal probe into who on its board leaked information to the media in 2005, when it ousted Carly Fiorina as CEO.
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By Jordan Robertson  California's attorney general said Tuesday that Hewlett-Packard insiders are likely to face criminal charges, putting a damper on the news HP was reshuffling its board because of the scandal surrounding its efforts to root out media leaks.
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(InfoWorld) - U.S. legislators signalled Thursday that they will hold Hewlett-Packard's feet to the fire during House testimony on the company'sÂ pretexting scandal, while former General Counsel Ann Baskins formally declined to answer any questions by invoking her Fifth Amendment right to avoid self-incrimination. BaskinsÂ resigned her positionÂ Thursday, effective immediately. Subsequent witnesses including outside investigator Ronald DeLia, of the investigation firm Security Outsourcing Solutions, were also refusing to testify at press time based on their Fifth Amendment rights. HP's use of detectives whoÂ obtained people's telephone recordsÂ under false pretenses while investigating press leaks from its board will be in the spotlight. The matter caught the attention of the Oversight and Investigations subcommittee of the U.S. House Committee on Energy and Commerce, some of whose members have been activelyÂ promoting legislationÂ that would explicitly criminalize tactics such as those used in the HP investigation. The actions taken by HP were "not the act of one rogue employee," said Representative Jay Inslee of Washington state, indicating that at least some of the politicians might not accept the characterization of the events at HP that its chief is set to offer before the subcommittee. In a written version of his testimony made available earlier, President and Chief Executive Officer Mark Hurd called the scandal the result of aÂ "rogue investigation." Inslee and Representative Marsha Blackburn of Tennessee have co-authored legislation that would prohibit the obtaining of customer information from telecommunications carriers by false pretenses, and the sale or disclosure of such records obtained by false pretenses. In her opening remarks Blackburn, a Republican, called pretexting a purposeful effort to deceive and defraud in order to get information one is not entitled to have. "How prevalent is it in the corporate boardroom?" she asked. Criminalization of pretexting needs to extend to all forms of telecommunications, said Representative Tammy Baldwin, Democrat of Wisconsin, adding that legislation must address records ranging from conventional telecom through mobile and Internet telephony. She called for a "comprehensive legislative approach" to cover all sectors where pretexting could occur.
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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.
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Patricia Dunn, the former chairman   of Hewlett-Packard Co., said she believed the investigation   into leaks had been authorized by the company's chief financial   officer and the methods used were legal, according to testimony   to Congress released on Wednesday.
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By AP Wire Services  SAN JOSE, Calif.  -- Congress and federal investigators on Monday entered the fray surrounding Hewlett-Packard Co.'s possibly illegal probe of media leaks, as the company's board met to discuss the fate of its embattled chairwoman.    With the FBI, the U.S.
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(InfoWorld) - A U.S. House of Representatives Subcommittee probing theÂ Hewlett-Packard Co. (HP) pretexting case has issued more subpoenas to compel witness testimony at a Thursday hearing. The Subcommittee on Oversight and Investigations of the Energy and Commerce Committee issued subpoenas Wednesday for five people identified as "pretexters," data brokers who sometimes obtain access to confidential records under false pretenses. HP has been embroiled in a scandal over its hiring of private investigators who engaged in possibly illegal pretexting to investigate news leaks from HP's board to reporters. Served with subpoenas, according to the Subcommittee, are: Bryan Wagner, a private investigator from Littleton, Colorado; Charles Kelly, of the CAS Agency in Villa Rica, Georgia; Cassandra Selvage of Eye in the Sky Investigations, of Dade City, Florida; Darren Brost, of Austin, Texas; and Valerie Preston from InSearchOf Inc., of Cooper City, Florida. Wagner was identified in a Wednesday Wall Street Journal article as a suspect in the pretexting of phone records of HP directors, employees and journalists who cover the Palo Alto, California technology company. The Journal reported that Wagner told an investigator that he smashed his computer to pieces with a hammer, destroying data that was saved on it. The article also said that the destruction of the computer may hamper an investigation by California Attorney General Bill Lockyer's office into possible illegal activity by people at HP or by the private investigators HP hired. The five who were subpoenaed Wednesday have been added to a list of witnesses that also includes HP's Chief Executive Officer and President Mark Hurd and former board chairman Patricia Dunn, who resigned last Friday because of the scandal. While Dunn and Hurd have volunteered to appear, two other HP executives involved in the investigation were subpoenaed: senior counsel Kevin Hunsaker and Global Security Manager Anthony Gentilucci. Hunsaker "left the company" and Gentilucci "resigned" effective Tuesday, said HP spokesman Ryan Donovan. Also subpoenaed are Ron DeLia, operator of Security Outsourcing Solutions Inc., a Needham, Massachusetts, private investigations firm, and Joe Depante, owner of Action Research Group, of Melbourne, Florida. HP has acknowledged hiring both those firms in its leak investigation and that they used pretexting to track down personal phone records. Â
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SAN FRANCISCO -- Investigators for Hewlett-Packard Co. sought private telephone records of board members while trying to figure out which director leaked confidential company information to the media, the computer maker disclosed in a regulatory filing Wednesday.