Fiorina also pursued leaks at HP
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Former HP chief Carly Fiorina ordered the first leak investigation in January 2005, she says in her memoir. The New York Times
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Hewlett-Packard Co.  said  on Monday it has been contacted by U.S. federal prosecutors  seeking information about the company's investigation into  boardroom leaks to the press.
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Internal documents say HP has pretexted before and that its investigators trailed a reporter while on vacation.
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By Kimberly Pierceall, The Press-Enterprise, Riverside, Calif.  Feb. 10--Two years ago, as its chief executive officer and chairwoman,  Carly Fiorina led Hewlett-Packard through the controversial merger that would  fuse her company and Compaq.
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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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The ousted chairwoman of Hewlett-Packard Co. told a House subcommittee today that some of the tactics used by the computer giant in its surveillance scandal are employed by other American companies.
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By Duncan Martell SAN FRANCISCO  - The board of Hewlett-Packard Co.  discussed breaking up the No. 2 computer maker three times in the past, yet each time decided to keep it intact, Chief Executive Carly Fiorina said on Tuesday, defending her strategy for the company.
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Former Hewlett-Packard Co. Chief  Executive Carly Fiorina's account of how she tried to plug  boardroom leaks in 2005 is likely to attract the interest of  prosecutors in view of HP's current scandal, but the tactics  she outlined appear legal, lawyers say.
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(InfoWorld) - Hewlett-Packard board of directors took no action at a special Sunday meeting and will reconvene late Monday to continueÂ discussions about the scandalÂ that has occupied the company over the past week. The board held a teleconference Sunday morning for several hours, according to a brief company statement issued Sunday afternoon, to discuss reports that outside investigators, acting on behalf of the board,Â obtained phone recordsÂ of directors and journalists to trace the source of information leaks regarding board meetings. The investigators' tactic of disguising their true identity in order to gain access to customer records, called "pretexting," may be in violation of the law and the California Attorney General's office is investigating the case. HP gave no reason in its statement for the move to adjourn Sunday's meeting to Monday. HP Board Chairman Patricia Dunn has been criticized for launching the investigation, including calls for her resignation. Dunn said she was "appalled" that the investigators engaged in pretexting but said that she was not told details of how they conducted their probe. While she has said that she won't resign on her own, she would step down if the board requested her to do so. The investigation determined that HP director George Keyworth was the source of a story CNet Networks Inc. story in January about HP's business strategy. When Keyworth was asked to resign from the board in May, he refused. But board member Thomas Perkins, a renowned Silicon Valley venture capitalist, resigned in protest over the way in which the investigation was conducted. Chief Executive Officer Mark Hurd, in a letter to company employees released late Friday, urged them to keep focused on their work. "The media coverage and speculation regarding the recent actions of the HP Board ... have nothing to do with the strategy or operations of Hewlett-Packard," he said. Hurd, who emphasized that he was speaking as CEO and not as a board member, added: "There has been a long history of leaking company information with the HP board that clearly needs to be resolved."
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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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(InfoWorld) - 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. California Attorney General Bill Lockyer's office said charges have also been filed against Kevin Hunsaker, a former senior lawyer at HP; Ronald L. DeLia, a Boston-area private detective; Matthew DePante, manager of Action Research Group, a Melbourne, Florida, information broker; and Bryan Wagner, a Littleton, Colorado, man who is said to have obtained private phone records while working for Action Research. The charges were announced at a press conference held Wednesday at the California Department of Justice. The charges include using false or fraudulent pretenses to obtain confidential information from a public utility, wrongful use of computer data, identity theft, and conspiracy to commit each of those crimes. All of the charges are felonies. "One of our state's most venerable corporate institutions lost its way as its board sought to find out who leaked confidential information to the press," said LockyerÂ in a statement, released Wednesday. "In this misguided effort, people inside and outside of HP violated privacy rights and broke state law." Lockyer's office has been investigating the spying allegations because HP is based in Palo Alto, California. The charges were filed in Santa Clara County Superior Court. The U.S. Attorney's Office in San Francisco and the Federal Bureau of Investigation have been conducting separate investigations of HP. In a statement released after the filing, Dunn's attorney, James Brosnahan, said his client will fight the charges. "These charges are being brought against the wrong person at the wrong time and for the wrong reasons. They are the culmination of a well-financed and highly orchestrated disinformation campaign," Brosnahan said. He did not elaborate on his charge of a disinformation campaign. "As her many supporters fully expect, she will fight these charges with everything she has,â he said. In a statement released Wednesday in advance of the Sacramento press conference, HP said it was continuing to cooperate with state and federal investigators. The private investigators hired by HPÂ allegedly used "pretexting,"Â pretending to be someone they are not, to obtain the telephone records of HP directors, other employees and journalists who cover the company in an attempt to find out who from the board provided information to the reporters. The scandal has attracted the attention of the U.S. Congress.Â On Sept. 28, Dunn toldÂ the Oversight and Investigations Subcommittee of the House Energy and Commerce Committee that she believed employees and lawyers who said that the HP's leak investigation complied with the company's standards of conduct. The subcommittee was holding hearings into the use of pretexting. The committee passed a federal ban on pretexting but the Congress adjourned before the full House or the Senate voted on the legislation. When questioned about the techniques used to track down the leaks arose in the latter part of the investigation, Dunn said, she passed concerns to company Chief Executive Officer Mark Hurd. Before then, the company's lawyers had assured her the techniques were being done "legally and properly," she said. "At no time in the investigation did I authorize its methods," Dunn said. "I asked this to be done in the HP standard way." On his part, Hurd told the subcommittee that he was not aware of the details of the techniques being used. He said he did not read a report from the investigating team that detailed the use of pretexting. Ann Baskins,Â who resignedÂ right before the subcommittee hearing as HP's senior vice president and general counsel, and Hunsaker both asserted their rights not to testify under the Fifth Amendment of the U.S. Constitution during the hearing. Also taking the fifth before the subcommittee were Delia, Wagner, and Action Research owner Joe DePante. Dunn faces these criminal charges at a difficult time in her personal life. Dunn, is scheduled to begin chemotherapy Friday for a recurrence of advanced ovarian cancer, according to a Wednesday report in the San Jose Mercury News. She was diagnosed with ovarian cancer in 2004 and had been treated for breast cancer and melanoma dating back to 2001, the paper reported. (Stephen Lawson and Robert McMillan contributed to this story)Â  Â
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WASHINGTON -- A Needham private investigator told Hewlett-Packard Co. representatives that he kept former chairwoman Patricia Dunn briefed about the questionable methods he used to find boardroom leaks, according to testimony at congressional hearings yesterday and documents filed in connection with the hearings.
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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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Former Hewlett-Packard chief Carleton S. Fiorina ordered the first of a series of leak investigations in January 2005, she says in an long-anticipated memoir.
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MIAMI BEACH - Hewlett-Packard (HP) is hot about what it considers a consumer revolution in digital media, and on Friday the company's Chairman and Chief Executive Officer Carly Fiorina selected a chic club here in Miami Beach to unveil a raft of consumer electronic devices, including HP's version of Apple Computer Inc.'s iPod, and pledge her company's commitment to this market.
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The Justice Department has launched a probe into Hewlett-Packard's methods to uncover the source of press leaks, the company has disclosed. The state of California and the House Commerce Committee are also investigating, it said.
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CANNES -- One of the things about Hewlett-Packard Co. (HP) that distresses its chief executive officer, Carly Fiorina, is its reputation as a hardware company.