HP spying went deeper than previously detailed
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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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The Hewlett-Packard Co. spying effort that has sparked criminal investigations was wide-ranging and included physical surveillance, photographs and spyware sent via e-mail, and it also targeted wives and other relatives of HP board members and reporters, according to a consultant's report prepared...
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(InfoWorld) - The U.S. House of Representatives Subcommittee looking into theÂ Hewlett-Packard Co. boardroom spying scandalÂ has added a second day of hearings and issued subpoenas for some witnesses. The Oversight and Investigations Subcommittee of the Energy and Commerce Committee is holding hearings on Thursday, Sept. 28, and now Friday the 29th on pretexting, the practice of obtaining private phone records under false pretenses from phone companies. On the second day of hearings, the subcommittee has invited executives of the major wireless phone carriers to testify as well as the chairmen of the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC), according to a subcommittee news release Monday. Several people connected with the HP scandal have already accepted invitations to testify before the subcommittee on Thursday. HP has admitted that outside investigators it hired earlier this year to find the source of news leaks from the HP board engaged in pretexting to access their phone records. It is a decision HP now regrets, Chief Executive Officer (CEO) Mark Hurd said at a news conference Friday at the technology company's headquarters in Palo Alto, California. The committee issued subpoeanas compelling three witnesses to testify in regards to the HP scandal: HP senior counsel Kevin Hunsaker; HP Global Security Manager Anthony Gentilucci; and Ron DeLia, operator of Security Outsourcing Solutions Inc. (SOS), a Boston-based private investigations firm hired by HP. Hunsaker and Gentillucci worked closely with SOS to investigate the leaks, including use of pretexting, according to a report released Friday by an attorney hired by Hurd to investigate HP's investigation of the leaks. Congress has before it legislation to make pretexting a federal crime. California Governor Arnold Schwarzenegger has a bill on his desk to make pretexting a state crime, but Attorney General Bill Lockyer says state criminal charges could still be filed against those involved in the HP scandal under existing state law. The CEOs of U.S. Cellular Corp., Alltel Communications Inc., Cingular Wireless LLC, Sprint Nextel Corp., Verizon Wireless Inc. and T-Mobile USA Inc. have been asked to appear at the second day of hearings. The subcommittee said in a news release that the hearings are part of a seven-month inquiry it's been conducting into data brokers and the questionable practice of pretexting.
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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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Hewlett-Packard Co. obtained the telephone records of nine reporters as part of its internal probe of information leaks, the company confirmed Thursday.
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Hewlett-Packard Co. HPQ.N 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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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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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.
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By Stephen Foley in New York  Hewlett-Packard, the computer manufacturer at the centre of a corporate spying scandal, is bracing itself for still more episodes of the extraordinary soap opera that has captivated Silicon Valley and threatens to tear the company's board apart.
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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 Damon Darlin and Matt Richtel  John Markoff contributed reporting.  *  Pressure is mounting on the Hewlett-Packard chief executive, Mark Hurd, to explain what appears to have been a greater role in the company's spying operation than was initially indicated.
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Hewlett-PackardÂs former chairwoman and its current leader tried to explain why they did not question the legality of an internal spying operation.
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SAN FRANCISCO -- Hewlett-Packard Co.'s chief ethics officer learned the company's detectives were relying on shady tactics to gather private phone records long before a boardroom battle over media leaks triggered criminal and congressional investigations .
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In a filing with the Securities and Exchange Commission, Hewlett-Packard has revealed a history of leaked confidential information as well as details about how a board member quit over the investigations into those leaks.
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By MICHAEL LIEDTKE   Associated Press writer  SAN FRANCISCO -- Extending beyond the skullduggery that pried loose people's private phone records, Hewlett-Packard Co.
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The Hewlett-Packard surveillance campaign ranged from internal monitoring of e-mail and instant messages to physical surveillance of an HP board member and at least one journalist, according to one of the lawyers at the firm recently retained by the company to investigate its conduct in the matter.
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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.