Cingular Joins Verizon in Suing HP Investigator
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So-called data brokers used false identities to obtain private information, wireless firm charges.
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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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The agreement settles a California civil suit over Hewlett-PackardÂs pursuit of private phone records to trace a news leak.
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(InfoWorld) - The U.S. Federal Trade Commission has asked a federal court to make two Florida companies stop telephone pretexting and to pay back victims of the practice. One of the companies, Action Research Group, has been linked in press reports to last year'sÂ Hewlett-Packard pretexting scandal, which led to theÂ resignation of HP Chairman Patricia DunnÂ last September. The second company, Eye in the Sky Investigations, has "performed services" for Action Research Group, the complaint said. Eye in the Sky also was called to testify before a congressional investigation into the matter. In a complaint filed Wednesday in U.S. District Court in Orlando, the FTC claims that the practice of pretexting violates the U.S. Telecommunications Act of 1996. Telephone pretexting is illegal in some states, but Thursday's complaint seeks to clarify where the FTC stands on the practice. "Selling the records constitutes an invasion of privacy that could endanger the health and safety of consumers," the FTC said in a statement released Thursday. It is also a violation of federal law, the statement says. HP's top executives became embroiled in a pretexting scandal late last year. While trying to clamp down on a boardroom leak dating back to 2005, HP hired private investigators who obtained telephone records of company employees and journalists by falsely representing themselves as account holders or telephone company employees. The scandal at HP also led to the resignation of Ann Baskins, formerly HP's senior vice president and general counsel, and Kevin Hunsaker, the company's senior legal counsel. On Thursday, an HP spokesman said he welcomed the FTC's move. "HP is opposed to pretexting and has expressly called for the practice to be made illegal," said HP's Ryan Donovan. "We support the FTC's efforts to permanently halt telephone record pretexting." All five FTC commissioners voted to authorize the complaint, the FTC said.
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Cingular Wireless LLC, the nation's largest cell phone provider, on Friday sued a private eye caught up in the scandal over the Hewlett-Packard Co. leak investigation, seeking to make him pay for allegedly obtaining customer call records under false pretenses.
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A federal jury on  Wednesday began reviewing evidence in Verizon Communications  Inc.'s  $197 million patent infringement case against  Internet phone service provider Vonage Holdings Corp. .
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Verizon Communications, the nation's second-largest telecom company, told congressional investigators that it has provided customers' telephone records to federal authorities in emergency cases without court orders hundreds of times since 2005.
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(InfoWorld) - A criminal case against some of the people implicated in theÂ Hewlett-Packard pretexting scandalÂ may wrap up Thursday in a courtroom in San Jose, California. A hearing is scheduled in Santa Clara County Superior Court in the cases against former HP legal counsel Kevin Hunsaker, private investigator Ronald DeLia, and research consultant Matthew DePante. At a hearing in March, a state judge said charges against the three defendants would be dismissed if they performed 96 hours of community service and paid restitution to the victims. At that same hearing, state charges against former HP chairman Patricia DunnÂ were dismissedÂ altogether. Dunn was chair of HP in 2006 when the board authorized an investigation to find out which directors had been leaking details of confidential board deliberations to news reporters. The private investigative firms hired by HP engaged in a practice known as pretexting, in which they pretended to be someone else to obtain phone records of other individuals. HP directors, employees, and several reporters had their private phone records revealed under those false pretenses. The scandalÂ resulted in the departureÂ of three directors, including Dunn, from the HP board. Dunn and the three men had beenÂ chargedÂ with fraudulent wire communications, wrongful use of computer data, identity theft, and conspiracy, in a case brought by the Attorney General of California in October 2006. The hearing Thursday had originally been scheduled for sometime in September, but may have been moved up because the defendants met the judge's requirements for dismissal, said Carl Schulhof, a spokesman for the Superior Court. State charges were dropped against a fifth defendant in the case, Bryan Wagner, after he pleaded guilty in January to one count of conspiracy and one count of aggravated identity theft. He was a contractor who engaged in pretexting to gain access to phone records. Wagner's sentencing on the federal charges was postponed to October, his attorney Stephen Naratil, said Tuesday.
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- Broadband telephone services provider Vonage  Holdings Corp.  said it intends to continue its fight  against a patent infringement lawsuit filed by Verizon  Communications Inc. .
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ALEXANDRIA, Virginia  - A federal jury on Wednesday began reviewing evidence in Verizon Communications Inc's $197 million patent infringement case against Internet phone service provider Vonage Holdings Corp..
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Commercial online service was used to track e-mail sent to a reporter in Hewlett-Packard's leak probe, investigator testifies. Images: Commercial e-mail tracking
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Judgment calls for company accused of sending unsolicited messages to Verizon customers to pay more than $200,000 in damages.
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SAN FRANCISCO, Sept. 26 Â It began in May 2005 with a call to Verizon Wireless from a woman posing as one of its employees. It ended almost a year later with another such call, in the same quest: to gain the cellphone records of a Hewlett-Packard director and his family.
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By Ross Kerber, The Boston Globe  Sep. 18--Needham private investigator Ronald R. DeLia is cooperating with  probes of Hewlett-Packard Co.'s conduct, his attorney said yesterday.
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Prosecutors in California filed criminal charges yesterday against former Hewlett-Packard Co. chairwoman Patricia Dunn and four others implicated in a corporate spying campaign, including a private investigator from Needham.
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The Justice Department reached a settlement agreement yesterday allowing Cingular Wireless to buy AT&amp;T Wireless and create the nation&#39;s largest cell phone company.
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Internet phone service provider Vonage  Holdings Corp.  on Monday said it has been served with a  patent infringement lawsuit filed by two units of Verizon  Communications Inc. .