HP inquiry may focus on local firm
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California officials investigating the corporate spying issues at Hewlett-Packard Co. are examining the role of a Massachusetts investigations firm, Security Outsourcing Solutions Inc., in the events leading to Tuesday's decision by H P chairwoman Patricia C. Dunn to step down, according to published reports.
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Hewlett-Packard says it discussed allegations that employees spied on rival, but Dell wants more thorough investigation.
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By JORDAN ROBERTSON  SAN JOSE, Calif. - California's attorney general could file criminal charges within a week in the boardroom spying scandal at Hewlett-Packard Co., a spokesman said Wednesday, and experts say the company's top brass and third-party detectives are all possible targets.
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INVESTIGATORS plan to probe a private detective agency linked with Hewlett-Packard as the spying scandal deepens at the computer giant.
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US federal prosecutors have asked for information on Hewlett Packard's probe into boardroom leaks, the group says.
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By Stephen Foley in New York  Hewlett-Packard is facing a federal investigation into whether the company broke the law when the computer manufacturer obtained directors' and journalists' phone records as part of its attempt to hunt down the source of boardroom leaks.
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By JORDAN ROBERTSON   Associated Press writer  SAN JOSE, Calif. -- Hewlett-Packard Co.
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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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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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By AP Wire Services  SAN JOSE, Calif.  -- Congress and federal investigators on Monday entered the fray surrounding Hewlett-Packard Co.'s possibly illegal probe of media leaks, as the company's board met to discuss the fate of its embattled chairwoman.    With the FBI, the U.S.
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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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SAN FRANCISCO -- Hewlett-Packard Co. chairwoman Patricia Dunn is under scrutiny from business and ethics experts after she oversaw an invasive and possibly illegal effort to snoop into the home phone calls of fellow HP board members.
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By Jordan Robertson  Investigators plan to search the Boston-area offices of a private investigation firm involved in the Hewlett-Packard Co. spying scandal, California Attorney General Bill Lockyer said Thursday.
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By Jim Hopkins  Raising pressure on Hewlett-Packard, a congressional panel investigating HP's boardroom spying scandal is seeking testimony from two more company executives at a high-profile hearing next week.
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US congress and federal prosecutors have launched an informal inquiry into the way Hewlett-Packard Co conducted an internal probe into who on its board leaked information to the media in 2005, when it ousted Carly Fiorina as CEO.
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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. 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.