HP Inquiry May Focus on Local Firm
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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.
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By MAY WONG    SAN JOSE, Calif.  -- Hewlett-Packard Co...
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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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As scandal over HP methods mushrooms, House plans investigatory hearings; company reps will likely be called to testify.
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In an election year and after HP has acknowledge spying, congressional subcommittee likely to make example of company.
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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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Two Hewlett-Packard Co. HPQ.N   officials were subpoenaed to testify at a House Energy and   Commerce subcommittee hearing Thursday on the company's probe   into boardroom leaks, a source familiar with the investigation   said on Monday.
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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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By JORDAN ROBERTSON  SAN JOSE, Calif. - With Hewlett-Packard Co.'s stock tumbling, CEO Mark Hurd continued to face questions about what he knew of HP's efforts to ferret out a boardroom leak.
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(InfoWorld) - In one telling moment during the recent Congressional hearings onÂ the Hewlett-Packard Co. board scandal, ousted chairman Patricia Dunn offered the "everybody does it" defense. Asked by one legislator about HPâs hiring private investigators who obtained phone records under false pretenses, a practice called pretexting, to identify whoâd leaked confidential information, Dunn replied, "I believe these [pretexting] methods may be quite common at companies around the country." If so, that is chilling to business ethicist Kirk Hanson. "As an ethicist Iâm horrified that HPâs managers relied on the assertion that it was borderline, but legal, and never asked whether it was ethical," says Hanson, executive director of the Markkula Center for Applied Ethics at Santa Clara University, in Santa Clara, California. If HP adopted what Hanson called "black ops" as standard investigative practices, he wonders how many other companies have done it. HP, some of its employees and companies it hired to investigate boardroom leaks to news media still face potential civil and criminal liability for their actions. Other companies find themselves in a dilemma over how to control information within the law. Companies may have a moral or legal responsibility to respect peopleâs privacy, but they also have a legal and fiduciary responsibility to protect confidential business information. And under the federalÂ Sarbanes-Oxley ActÂ in effect the last four years, they have obligations to investigate certain leaks, Hanson says. Companies have a right to investigate their own employees if theyâre suspected of leaking information. Employees should presume no right to privacy in their use of company computers, e-mail programs or telephones. One commonly used tactic to probe security breaches doesnât even involve electronic snooping. Companies exclusively give suspected leakers seemingly important but relatively benign information. If it turns up in the media, the company has identified the leaker. But Hanson sees a bright line separating how a company can investigate its own employees and how it can investigate outsiders. The HP reaction to leaks to reporters contrasts with the recent practice of Apple Computer Inc. when proprietary information got out. Although Apple is known for its devotion to secrecy, it went to court rather than to private eyes when confidential information leaked in 2004. Apple, of Cupertino, California, sued in state court to force two Web sites to reveal sources for stories they posted about a possible new Apple product. A state appellate court ruled May 26 that the writers on those Web sites enjoy the same First Amendment rights as mainstream journalists and, thus, were protected by Californiaâs shield law from having to reveal their sources. Apple dropped the case. It did not reply to a request for comment on this story. The Sarbanes-Oxley Act requires companies to develop a whistle-blowing reporting system so employees can raise issues about improper behavior within the company, said Hanson. That has prompted companies to develop an investigative capability in the event improper or illegal activity is alleged. "So (under SOX), companies have developed much enhanced investigative capability," he said. Companies also have to keep confidential information safe because disclosure could be a criminal act or a breach of fiduciary responsibility, said Rob Enderle, senior analyst at Enderle Group, a technology market research firm. If word leaks that a board is contemplating an acquisition, for instance, the company or people in it could be prosecuted for insider trading if people used that knowledge to make stock trades. Given the potential liabilities, corporate investigations of leaks are "common," said Enderle. "The stuff with the pretexting goes to the extreme, but looking at company phone records or e-mails, that is very common. Hiring an outside contractor is also common." In fact, leak investigations enjoy broad support among corporate directors. In a September telephone survey of 226 board members at publicly traded companies in the U.S., 73 percent said a company's chairman should be empowered to use any legally available means to identify a board-level leaker, according to Ponemon Institute LLC. About 71 percent of the respondents said it would be okay for a board chairman to review the e-mail messages of other members, in addition to other types of confidential data stored on company computers. Fifty percent said that reviewing telephone records of individuals obtained via pretexting is proper as long as that approach hasn't been outlawed. But HPâs tactics of tailing reporters, attempting to install a tracer on a reporterâs e-mail program, pretexting numbers of people outside the company and even considering planting spies in newsrooms as janitors or clerical workers is "bizarre" to Rick Belluzzo. "The reaction by HP was totally out of proportion with the situation," said Belluzzo, chairman and CEO of Quantum Corp., a network storage equipment maker. His rÃ©sumÃ© includes president of Microsoft Corp. and a 23-year stint at HP, where he rose to the position of executive vice president of its computer division. While he understands the importance of keeping certain information confidential and making employees and directors sign confidentiality agreements, HP overreacted to information leaks that are sometimes going to happen anyway. "Itâs an impossible task to control information flow. Some leaks are inevitable," Belluzzo said.
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The scandal over Hewlett-Packard Co.'s conduct in investigating press leaks started affecting its business yesterday for the first time, weighing down its stock price and raising questions about the future of its leadership.
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The U.S. Securities and Exchange Commission wants to know more about the circumstances surrounding the resignation of Thomas Perkins from the Hewlett-Packard board earlier this year.
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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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The man could be a link between Hewlett-Packard and detective agencies in Boston and Florida hired to ferret out a leaker of company information.
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By JORDAN ROBERTSON   Associated Press writer  SAN JOSE, Calif. -- Hewlett-Packard Co.
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(InfoWorld) - In one of his first public acts to address the burgeoning Hewlett-Packard Co. (HP) spy scandal, Chief Executive Officer Mark Hurd plans to brief reporters Friday about the findings of an analysis conducted by the company's law firm. HP retained Morgan, Lewis & Bockius for the outside analysis of the company's actions in trying to find the source of a boardroom news leak. The scandal led toÂ the resignation of company Chairman Patricia Dunn, who will turn over that job to Hurd in January. Dunn and Hurd have said they knew about the operation, but insist they never approved of the possible illegal methods used by third-party investigators to obtain communications records of reporters and some HP employees and directors. "What began as an effort to prevent the leaks of confidential information from HP's board room ended up heading in directions that were never anticipated," Hurd said in a written statement. However, company e-mail records seem to indicate that both executives knew about the investigators' "pretexting" practices while they were going on, according toÂ recent stories in the Wall Street Journal and The New York Times. Pretexting involves pretending to be someone to obtain their telephone records. In Friday's meeting, a representative from the law firm will share its findings, describing "exactly what took place and when," Hurd said. Dunn has also saidÂ she will share more information about the episode, promising to "set the record straight" about allegations that she oversaw the illegal operation. Morgan Lewis will also represent the company in government inquiries such as criminal investigations by the California and Massachusetts attorneys general, and by the U.S. House of Representatives. California Attorney General Bill Lockyer has said that he has enough evidence to indict certain people at HP and its contractors with crimes related to their methods in obtaining private phone records of reporters, board members and other employees. Â
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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.