Probe dispute paralyses HP board
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The fate of Hewlett-Packard boss Patricia Dunn hangs in the balance as the firm wrestles with revelations of dubious behaviour.
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A former Hewlett-Packard Co.   HPQ.N board member has asked U.S. prosecutors, as well as   U.S. trade and communications regulators, to review an HP   investigation in which directors' and journalists' private   phone records were accessed.
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By Paul Elias  SAN FRANCISCO  --  Hewlett-Packard Co.'s board adjourned an emergency phone conference Sunday without announcing whether it would oust Chairwoman Patricia Dunn for ordering an investigation that may have used illegal means to spy on colleagues and journalists.
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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 Lee Drutman  BERKELEY, Calif.   THERE'S something odd about all the attention attracted by the Hewlett-Packard corporate-board scandal.
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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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Pretexting now part of the HP Way Put the cheery comeback stories on hold. HP has a boardroom scandal that deserves some attention.â¦
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A U.S. House of Representatives Subcommittee probing theÂ Hewlett-Packard Co. (HP) pretexting case has issued more subpoenas to compel witness testimony at a Thursday hearing.
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By Pete Carey, San Jose Mercury News, Calif.  Sep. 18--Hewlett-Packard faces a deadline today to provide Congress with  documents about its boardroom-leak probe, which is under criminal  investigation by the California attorney general.
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SAN JOSE, Calif. -- A c ongressional committee yesterday asked Hewlett-Packard Co. to turn over records related to the firm's possibly illegal investigation of media leaks, as the company's board planned to meet again to discuss the fate of chairwoman Patricia Dunn.
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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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By Therese Poletti, San Jose Mercury News, Calif.  SJ-0524-Hewlett-Packard-probe-by-SEC-is-settled   Hewlett-Packard probe by SEC is settled   Therese Poletti  San  Jose Mercury News, Calif.
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Still grappling with the fallout from a boardroom spying scandal, Hewlett-Packard Co. is now facing a Senate investigation into a stock option debacle that it inherited last year with its $4.9 billion acquisition of software maker Mercury Interactive Corp.
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HP CEO Mark Hurd is scheduled to speak at the company's large user and partner event, the HP Technology Forum, Sept. 17 as the company confronts a scandal over boardroom press leaks.
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Hewlett-Packard found itself under increased legal and political scrutiny over the use of private investigators to trace the source of news leaks in the board.
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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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Web bug uncovered under Congressional spotlight Congressional hearings have revealed how HP made controversial use of email tracking technology in an attempt to identify the source of a board-level mole.â¦