US attorney investigates HP over press leak probe
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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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(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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Ousted Hewlett-Packard Chairman Patricia Dunn, a former company lawyer, and three outside investigators were charged Wednesday in California on felony charges related toÂ the conduct of an investigationÂ to track down news leaks from the HP board that allegedly broke state law.
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NEW YORK -- 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 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) - Former Hewlett-Packard Co. chairwoman Patricia Dunn made a brief court appearance Thursday in Santa Clara County, California, to face four state felony charges in the HP boardroom scandal. Superior Court Judge Alfonso Fernandez scheduled her arraignment for Nov. 17, at which she will enter a plea to charges in the case. Also making an initial court appearance earlier in the day was Kevin Hunsaker, HP's former ethics counsel, who surrendered, was booked and was scheduled for an arraignment December 6, according to the office of California Attorney General Bill Lockyer. Three private investigators hired by HP to investigate suspected leaks to news media by HP directorsÂ were also charged Wednesday, but since they are from out-of-state, their court appearances will likely occur sometime next week, Lockyer's office said. Each of the five defendants face charges of fraudulent wire communications, wrongful use of computer data, identity theft and conspiracy. The state alleges that Dunn and Hunsaker authorized an investigation of leaks and hired the private investigators. The investigators allegedly obtained, under false pretenses, the phone records of individuals targeted in their investigation, including HP directors, some employees and journalists who cover the technology company.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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Hewlett-Packard obtained the telephone records of nine reporters as part of itsÂ internal probe of information leaks, the company confirmed Thursday.
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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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Hewlett-Packard has turned over thousands of documents to a U.S. House subcommittee investigating methods the company used to find out who was leaking company information to the media, a subcommittee spokesman said Monday.
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Revelations that HP supervised an extensive investigation of some of its directors, journalists and a few employees have blemished its reputation. The New York Times
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SAN JOSE, Calif. - Hewlett-Packard Co. officials said Saturday that the company improperly accessed phone records of a corporate spokesman during its investigation into unauthorized leaks to the press.
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Department of Justice launches query into methods Hewlett-Packard used to nab the source of media leaks.
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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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(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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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 leaks from its board, a source familiar with the   investigation said on Monday.
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Hewlett-PackardÂs use of a Boston-based group to investigate suspected news leaks provides an intriguing geographic link for prosecutors.