Hewlett-Packard Head Under Scrutiny

Probe Under Way To See If Patricia Dunn Broke Laws To Stop Media Leaks

(AP) 
Although a frequent tactic, the trickery — known as "pretexting" — tests the bounds of California law. California Attorney General Bill Lockyer is already convinced HP's investigation broke state law, but is still digging to determine the breadth of the violations.

Dunn said she had no clue investigators would resort to pretexting, saying she didn't even know what the word meant until June or July.

The invasion of privacy so infuriated one HP director, longtime Silicon Valley venture capitalist Tom Perkins, that he resigned from the board in May and triggered a chain of event that finally forced HP to publicly disclose its role in the pretexting earlier this week.

On Thursday, Lockyer said HP's clandestine investigation violated two California laws related to identity theft and illegal access to computer records. However, he said he had not decided whether the company or anyone acting on its behalf will face civil or criminal charges.

"The question was, was a crime committed? The answer is yes. Does that mean charges will result? Well, we haven't completed the investigation so we're not yet certain as to who committed the crime," Lockyer told the AP in a phone interview.

"It's likely if evidence continues to come in the way it has that there will be a prosecution," he said. "But we're not ready to go file a complaint. We're still investigating."

Company spokesman Ryan Donovan said HP had given Lockyer's office the list of reporters whose personal information was compromised and the journalists themselves have since been notified.

The nine include Pui-Wing Tam and George Anders of The Wall Street Journal, Dawn Kawamoto and Tom Krazit of CNET Networks Inc.'s News.com and John Markoff of The New York Times, those news organizations disclosed.

Experts in privacy and telecommunications law say HP officials or the private investigators HP hired could face criminal charges. The company could also be liable for civil crimes and be subject to fines.

Lockyer said HP's antics violated directors' and journalists' right to privacy, which is guaranteed in California's constitution. He emphasized that no one involved in the investigation is above the law.

"The crime seems to have been committed by the data broker, but that leads to the question of who knew what and when," Lockyer said. "How many others were part of the illegal activity — we don't know the answer to that yet."

People involved in the HP investigation may have also violated a California Civil Code banning a corporation's communication of employee Social Security numbers to the public.

One of HP's private investigators obtained the last four digits of the Social Security number of Perkins. The investigator called AT&T and impersonated Perkins, asking AT&T to send a record of phone calls to and from his house in December 2005 and January 2006 to a free, Web-based e-mail account.

[n4rakgca]

Well Dunn, you've done them wrong !!
What were you thinking ?? Aren't there HP security employees that could have provided the necessary email and company phone records ?? When you accepted the personal and home phone call data, you knew you crossed the line.
Get a good civil lawyer, you're going to spend your bonuses for the next few years !!

[jtynoble]

Nothing worse then a snitch.

Miss Dunn!
You hang in there.
Remember!
For it sometimes takes drastic measures
to bring about positive results.

The worse thing any employee can do is talk shop business with the media.

Get that snitch and hang him or her high for everyone to see.

I bid you farewell and good luck.