HP studied spying on newsrooms: report
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Hewlett-Packard HPQ.N conducted   feasibility studies on placing spies in news bureaus of two   publications as part of an investigation into leaks from its   board, The New York Times reported on Wednesday.
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(InfoWorld) - Hewlett-Packard obtained the telephone records of nine reporters as part of its internal probe of information leaks, the company confirmed Thursday. The company sent the list of the nine reporters to the Office of the Attorney General of the State of California, in response to the Attorney General's inquiries. "HP is dismayed that the phone records of journalists were accessed without their knowledge, and we are fully cooperating with the attorney general's investigation," said company spokesman Ryan Donovan. In an Aug. 31 filing with the U.S. Securities and Exchange Commission (SEC),Â HP admittedÂ that an outside investigator had used "pretexting," a technique in which an investigator may obtain information by disguising their identity. HP's internal investigation was sparked by what the company said were "multiple leaks of confidential HP information," including discussions by the board of directors, HP said in the SEC filing. At a May 18 board meeting, HP board members asked fellow director George A. Keyworth II to resign, as a source of those leaks. He declined, but Thomas J. Perkins did resign over a dispute with HP's Nonexecutive Chairman Patricia Dunn over the investigation's handling, the company said. The California Attorney General has asked HP for information about techniques used in the leak investigation, while the SEC is making inquiries into a filing HP made when Perkins resigned. HP's Donovan confirmed reports that among the journalists whose phone records were accessed were a reporter from The Wall Street Journal and a reporter from CNet Networks. He declined to name the other reporters. The Wall Street Journal and CNet published reports including leaked information from board meetings. The leaks to the Wall Street Journal included information about discussions leading up to the firing of Chief Executive Officer Carly Fiorina last year. The Attorney General's office declined to name the reporters on the list handed over by HP. (Additional reporting by Stephen Lawson in San Francisco.) Â
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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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Hewlett-Packard Co.  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.  Chief Executive Mark Hurd may have known as early as in July 2005 the company was looking into private phone records as part of its leak investigation, The Wall Street Journal reported in its online edition on Monday.
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U.S. lawmakers on Thursday plan to   shine a spotlight on Hewlett-Packard Co.'s HPQ.N snooping   into the telephone records of some board members and   journalists, a practice that Congress may soon ban.
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Hewlett-Packard Co.  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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World + dog joins in The FBI, a House of Representatives committee, and the US Attorney General for northern California are all now investigating HP. They join the Securities and Exchange Commission, which is looking at how HP told the markets about the resignation of director Tom Perkins.â¦
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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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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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Hewlett-Packard Chief Executive Officer (CEO) and President Mark Hurd confirmed on Friday that he approved a probe of HP employees, board members and journalists in an effort to find out who on the HP board was leaking confidential information outside of the company.
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(InfoWorld) - Hewlett-Packard Co. Chairman Patricia Dunn will answer questions on the spying scandal that has embroiled her company during a House committee hearing on Capitol Hill next week. HP's general counsel, Ann Baskins, will also appear at the hearing of the Subcommittee on Oversight and Investigations of the House Committee on Energy and Commerce, being held next Thursday, said HP spokesman Ryan Donovan. HP's lead outside counsel, Larry Sonsini of the Palo Alto law firm Wilson, Sonsini, Goodrich & Rosati, will also testify, according to Terry Lane, a committee spokesman. Sonsini advised HP on the legality of its investigation into media leaks of details from the company's board meetings between 2005 and 2006. Earlier this month, HP revealed it had hired outside investigators to find the leaker and that they had impersonated the subjects of their investigation in order to gain access to private telephone records. In the course of the search, HP board members and reporters were impersonated. The committee is looking into HP's methods and is considering new federal legislation that would make this practice, called 'pretexting,' illegal. HP is also being investigated by the Attorneys General of California and Massachusetts, the U.S. Federal Bureau of Investigation and the U.S. Attorney's office. Ronald DeLia of investigation firm Security Outsourcing Solutions is also set to appear, but Lane said it is possible he will invoke his Fifth Amendment right to not testify to protect against self-incrimination. Prosecutors reportedly are looking into DeLia's company and a Melbourne, Florida, investigation company, Action Research Group, in connection with the scandal. In a June 11 Congressional hearing on pretexting, several investigators invoked their Fifth Amendment rights and refused to answer questions on the practice, which is considered to be in a legal gray area. The committee has also asked HP Global Security Manager Anthony Gentilucci and Action Research Group owner Joe Depante to testify, but has not heard back from them, Lane said. HP has already provided the committee with "thousands of pages of documents" in connection with its investigation, Lane said. The pretexting scandal has been front page news for several weeks now and has forced Dunn to step down from her chairman's role, effective January. But it has not had much of an effect on the company's financial performance. HP's (HPQ) stock has hovered in the $36 range since news of the affair first broke three weeks ago. HP Executive Vice President Vyomesh Joshi, who runs the company's printing business, downplayed the effect that the scandal was having on HP's management. "I think our focus is business," he said in response to a question on the matter at the Bank of America's Annual Investment Conference in San Francisco Tuesday. "We have a very solid team who is focusing on the business, focusing on the execution. At the end of the day, that is what we want to do." Â
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HP security official warned others that probe methods were "unethical at the least and probably illegal," News.com has learned.
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(InfoWorld) - The U.S. Department of Justice is asking questions about conduct by Hewlett-Packard Co. that has embroiled the technology company in controversy. HP acknowledged in a U.S. Securities and Exchange Commission filing Monday that it isÂ cooperating with an inquiryÂ by the U.S. Attorney for the Northern District of California intoÂ possibly illegal tactics used by investigators hired by HP to investigate news leaks from the company's board members. HP described the U.S. Attorney's inquiry as "informal" and said the questions are similar to those asked by the attorney general of California. HP is based in Palo Alto, California. "We are cooperating fully with these inquiries," HP said in its SEC filing. The probes are looking into the use of "pretexting" to search phone records to determine which board members may have been talking to reporters. The phone records of nine reporters from various news organizations were also obtained to determine who their sources from within HP might have been on stories about the company. Pretexting refers to posing as a phone company customer to get access to personal records. California Attorney General Bill Lockyer says a crime was committed in connection with the pretexting, but his office is still investigating what crime and by whom. The scandal has brought pressure on HP Chairman Patricia Dunn, who ordered the investigation, but claims she didn't know the outside investigative firm hired to trace the leaks would engage in pretexting. HP's board is meeting Monday for the second straight day to discuss its response to the controversy. Former HP director Thomas Perkins, who quit in protest in May because of the way the investigation was conducted, called on Dunn to resign. His statement, released Saturday by his attorney, was prompted by Dunn's comments in media interviews last week in which she alleged that it was Perkins who wanted "more aggressive measures" used to investigate the leaks, including use of lie detectors on board members. "I am saddened, but not surprised, that Patricia Dunn has attacked me personally for doing my job. I acted not from any ill will toward Ms. Dunn but to protect the best interests of HP. I think the past months and days have shown that those interests are best served if Ms. Dunn would resign from the board," said Jenkins in his statement. The U.S. Federal Communications Commission also is investigating HP. The FCC reportedly sent a "letter of inquiry" to AT&T Inc. asking how its customer phone records may have been accessed, according to an Associated Press report. An FCC spokesman could not confirm that. HP's internal probe identified director George Keyworth as the source for a CNet Networks Inc. story about HP's strategy, which the technology news Web site posted in January. He refused to resign when asked to doÂ so by Dunn in May, but theÂ board has since voted not to renominate him to his seat. Â
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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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A small security company in suburban Boston has emerged as a subject in the investigation of Hewlett-Packard Co.'s boardroom spying scandal, according to a source familiar with the matter.
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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.