House Panel on pretexting asks HP officials to testify
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Several people connected to the Hewlett-Packard Co. (HP) board scandal have been invited to testify at a U.S. House subcommittee hearing Sept. 28 on the issue ofÂ pretexting to get confidential phone records.
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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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(InfoWorld) - California Attorney General Bill Lockyer says criminal charges are "likely" in the scandal surrounding alleged spying involving the board of Hewlett-Packard Co. (HP), reports say. Meanwhile, HP board Chairman Patricia Dunn says she will not resign over the scandal and that she was "appalled" that contractors hired to investigate news leaks used potentially illegal methods, news reports say. The Wall Street Journal reported the HP board will hold a special meeting by phone this weekend to discuss the situation. HP is on the defensive after the disclosures this week thatÂ phone records of HP board membersÂ andÂ journalistsÂ were hacked to see who on the board discussed confidential strategy sessions with reporters earlier this year. The company disclosed in a U.S. Securities and Exchange Commission filing Wednesday that investigators, in order to identify the leaker, had used "pretexting," a method in which false pretenses are used to gain online access to others' phone records. The investigation determined that director George Keyworth was the source for a Cnet.com story in January about HP's strategy. Keyworth was asked to resign from the board in May but refused. Board member Thomas Perkins, a renowned Silicon Valley venture capitalist, did resign in May in protest over concerns with the HP board's handling of investigations into leaks of confidential information. Dunn, in an interview in the Journal Friday, said that while she ordered the investigation of board news leaks, she did not know the investigators hired to conduct the probe used pretexting. "I was appalled. And I'm going to apologize," to those journalists, she told the Journal. Because she was also subject to investigation, she said she could not have known what methods the investigators used. But while she does not plan to resign, Dunn will take into consideration what the board thinks she should do. "I serve entirely at the pleasure of the board,'' Dunn told the Journal. "If they determine it no longer is in the interest of shareholders [for me to remain on the board] I will do so.'' Charges could be filed under a California law prohibiting gaining unauthorized access to computer data or under another law prohibiting identity theft through unauthorized use of personal information, published reports say. The investigation is ongoing but prosecution is likely because a crime has occurred, Lockyer told the San Jose Mercury News. A bill to specifically outlaw pretexting is on Governor Arnold Schwarzenegger's desk awaiting his signature. The governor has until the end of September to sign or veto the bill, spokesman Darrel Ng told IDG News Service. Schwarzenegger hasn't taken a position on the pretexting bill, but only because it is one of hundreds of bills passed during the recently concluded session of the California Legislature, Ng said.
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(InfoWorld) - Hewlett-Packard Co. Chairwoman Patricia Dunn, a former company lawyer, and three outside investigators wereÂ charged Wednesday in CaliforniaÂ on felony charges related to 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. TheÂ 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 Lockyer 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 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 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 HP allegedly used "pretexting," 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,Â Dunn told 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 resigned 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
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Mobile providers and the heads of the FTC and FCC have been summoned to a second day of House subcommittee hearings this week as Congress continues its investigation of the HP boardroom spying scandal.
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(InfoWorld) - Legislation that would allow the U.S. Federal Trade Commission (FTC) to seek civil penalties against businesses that obtain personal data under false pretenses may soon get a vote in the U.S. House of Representatives. The full House could vote on Prevention of Fraudulent Access to Phone Records Act as soon as late Friday or Saturday, Representative Joe Barton, the chairman of the House Energy and Commerce Committee, said Friday. Barton, a Texas Republican, asked the House leadership to move forward with the bill afterÂ lawmakers ripped into Hewlett-Packard Co. (HP) officials ThursdayÂ for allowing the practice during an investigation into board leaks. HP President and Chief Executive Officer Mark Hurd and former HP Chairwoman Patricia Dunn both testified Thursday that they did not know the details of how the leak investigation was conducted. The pretexting legislation has been stalled since the House Energy and Commerce Committee unanimously approved it in March. The bill would allow the FTC to seek civil penalties against so-called pretexters, those who masquerade as a customer to gain access to phone records or other personal information. Representatives of five mobile phone service carriers raised no objections to the bill during Friday's hearing. Lawmakers questioned if more businesses than HP have used pretexting or other questionable investigatory methods. "How do we, and how does corporate America, break this ethos that, if someone thinks that illegal or unethical activity ... is acceptable, everybody else in a corporation goes along with it?" said Representative Diana DeGette, a Colorado Democrat. DeGette will explore ways to add new requirements to the Sarbanes-Oxley financial reporting law, she said. Christopher Bryon, a columnist for the New York Post, told lawmakers Friday that he was a victim of pretexting four years ago, long before the HP investigation came to light. A facial recognition software company hired a pretexter to gain access to his sources after he wrote a column about the company, Bryon said. Pretexting appears to be a widespread practice among U.S. businesses, Bryon said. "This is not something I wanted my family to grow up with ... wondering if your mail is being read, if your phone is tapped, if there's a bug in your bedroom," he said. The FTC has filed five lawsuits against alleged pretexters, but the agency lacks the legal authority to seek civil damages, said Joel Winston, associate director of privacy and identity protection at the FTC. The FTC sought to recover pretexting-related profits in those cases, but additional civil penalties would give the agency an additional tool to use against identity thieves, he said. A second pretexting bill, the Telephone Records and Privacy Protection Act, has passed the House, but the measure is hung up in the Senate over disagreements over the best approach. The House bill would make pretexting a crime, with a penalty of up to 10 years in prison. Congress is scheduled to adjourn by early next week until after the Nov. 7 general election. Congress may come back into session late in the year to address unfinished business.
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A U.S. House of Representatives  panel on Wednesday extended its probe into Hewlett-Packard  Co.'s  use of private telephone records by subpoenaing  five private investigators to testify at a Thursday hearing.
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In an advance copy of his Congressional testimony released by a House Subcommittee on Wednesday, Hewlett-Packard chief executive officer (CEO) Mark Hurd blamed the scandal that has besieged his company on "a rogue investigation" that got out of hand.
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Two Hewlett-Packard Co. executives and an outside investigator were served subpoenas to appear before a House subcommittee Thursday to answer questions about the company's investigation into boardroom leaks.
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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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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 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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By Bloomberg, AP and Staff Reports  The congressional panel investigating Hewlett-Packard Co.'s boardroom spying has demanded that CEO Mark Hurd explain $1.37 million worth of options he exercised just before the scandal became public, two congressmen said Wednesday.
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(InfoWorld) - Hewlett-Packard chief executive officer Mark Hurd blamedÂ the scandalÂ that has besieged his company on "a rogue investigation" that got out of hand, in an advance copy of his Congressional testimony released by a House Subcommittee on Wednesday. "How did such an abuse of privacy occur in a company renowned for its privacy? The end came to justify the means," Hurd wrote. "The investigation team became so focused on finding the source of the leaks that they lost sight of the privacy of reporters and others. They lost sight of the values HP has always represented." Former HP Chairman Patricia Dunn,Â forced to resignÂ Sept. 21 because of the scandal, defended in her testimony her decision toÂ investigate the leaksÂ of confidential board discussions to the news media. In her testimony, Dunn wrote that she knew investigators were obtaining the phone records of people it was investigating. Lawyers for HP and for an investigation firm carrying out the probe assured her the tactics were legal, she wrote. "I was fully convinced that HP would never engage in anything illegal," she wrote. "Given that attorneys were unambiguously overseeing the investigation ... reinforced my understanding that the investigations were being handled appropriately." Both are among severalÂ witnesses expected at a hearingÂ before the Oversight and Investigations Subcommittee of the House Energy and Commerce Committee on Thursday in Washington. The committee is looking into the practice of "pretexting," or using false pretenses to gain access to confidential records. Investigators hired by HP to find the source of leaks engaged in pretexting to get hold of the phone records of directors, HP employees and reporters who cover the Palo Alto, California, technology company. Hurd, echoing comments he made in a news conference last Friday at HP's headquarters, said he was determined to get to the bottom of this episode and to try to restore HP's image. "I pledge that HP will take whatever steps are necessary to make sure nothing like this ever happens again," he wrote, "and that this company will regain not just its reputation ... but its pride." Although much of the criticism of the scandal surrounds the tactics used by the investigators, Dunn wrote in her testimony that equal consideration should be given to the leaks from within the company that damaged HP. HP's board was notorious for its leaks to news media and such disclosures made it difficult for the board to deal with important issues candidly, she wrote. Dunn explained that board deliberations on the selection of a replacement for former CEO Carly Fiorina in 2005 were leaked. She cited a BusinessWeek magazine story "disclosing opinions about various candidates and revealing details about ... the search process." "If you were a top CEO candidate, would you want to work for a company whose board could not be trusted to keep such information confidential? HP is very lucky to have been able to recruit Mark Hurd under such circumstances," Dunn wrote. "I wish fervently that none of this had ever happened," Dunn continued. "But boards have an unquestionable obligation to take steps to prevent [leaks]. That certain steps taken during the investigation went well beyond what was appropriate does not undermine the importance of the board's mission in this matter." Hurd also outlined several steps the company is taking internally to clarify its privacy policy for employees and to emphasize it in employee training programs.ADVERTISEMENTMAKE SOA REAL WITH IBM WEBSPHERE PODCASTStreamline processes and maximize efficiency within a proven service oriented architecture. Take back control of your business processes with IBM WebSphere.
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Hewlett-Packard Co.  Chief  Executive Mark Hurd will testify to a House subcommittee on the  company's leak probe, HP said on Thursday, hours after the  panel's top Democrat said he should appear at a hearing.
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(InfoWorld) - 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. "The committee did receive thousands of pages of documents from HP. Staff investigators are reviewing them now," said Terry Lane of the Subcommittee on Oversight and Investigations of the House Committee on Energy and Commerce. HP confirmed it responded to the subcommittee's request but didn't go beyond that. "We are complying with the House Subcommittee'sÂ request for informationÂ but are not releasing the details of what's being provided for the committee's inquiry," said HP spokesman Ryan Donovan. The inquiry springs from revelations that HP hired an outside investigative firm that used questionable tactics to find theÂ source of leaks from the HP boardÂ to news media in 2005 and 2006. HP, in a U.S. Securities and Exchange Commission filing Sept. 6, acknowledged that unnamed outside investigators used "pretexting," a form of subterfuge where investigators pose as someone else, to obtain personal phone records of people it was investigating. The committee is considering federal legislation to make pretexting illegal. The House panel, in a Sept. 11 letter to HP Board Chairman Patricia Dunn, asked HP to: Identify the outside investigative firms it hired; identify the people within HP who authorized, participated in or had knowledge of HP's investigation; provide copies of contracts between HP and any outside firms; disclose the identities of everyone whose phone records were procured, or were attempted to be procured; and provide other information. HP, of Palo Alto, California, has refused to identify the outside firms it hired, but various media reports have identified them as Security Outsourcing Services, of Needham, Massachusetts, and Action Research Group, of Melbourne, Florida. Although HP has claimed that its legal advisors told it that the pretexting was within the law, an HP security specialist reportedly questioned its legality earlier this year. Fred Adler, a computer-crimes specialist within HP's global security division, and a former U.S. Federal Bureau of Investigation agent, notified his supervisors that acquiring people's phone records under false pretenses could be against the law, The Wall Street Journal reported Tuesday. The subcommittee has invited Dunn and HP General Counsel Ann Baskins to testify at a committee hearing Sept. 28 and a committee source told the Journal they would appear. HP's Donovan would not comment. Larry Sonsini of the Palo Alto law firm Wilson, Sonsini, Goodrich & Rosati was also invited to testify but it's not known if he will appear. Ronald DeLia of Security Outsourcing Solutions, also invited, hasn't replied, but the Journal quoted a committee source as saying that if DeLia were to testify he said he would invoke his Fifth Amendment right to not testify to protect against self-incrimination.ADVERTISEMENTMAKE SOA REAL WITH IBM WEBSPHERE PODCASTStreamline processes and maximize efficiency within a proven service oriented architecture. Take back control of your business processes with IBM WebSphere.
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Top executives of Verizon   Communications VZ.N, Sprint Nextel Corp. S.N, Cingular and   T-Mobile USA have been invited to testify Friday at a U.S.   House Energy and Commerce Committee hearing into the use of   deceptive measures to obtain personal information, known as   pretexting, the panel said on Monday.