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HP Spying Incident Included Journalists

rufey writes "It is now being reported that the HP boardroom spying incident that occurred earlier this year also involved obtaining phone records of journalists from at least two news outlets. Journalists from CNET and the Wall Street Journal had their phone records obtained through a method called 'pretexting' to see who, if any, of the HP board members the journalists may have been in contact with."

22 of 177 comments (clear)

  1. Lying by Any Other Name... by edward.virtually@pob · · Score: 5, Insightful

    Pretext is to lie as campaign contribution is to bribe.

    1. Re:Lying by Any Other Name... by ShaunC · · Score: 5, Insightful

      Thank you, and bless you for being FP. You're absolutely right, and it's unfortunate that this issue is being glossed over in most of the stories I've seen.

      Suppose I were to call HP and pretend to be Dawn Kawamoto (the fact that I'd have to suck down some helium first notwithstanding), and they handed over records of her purchase information to me. If such a situation came to light, I would be facing criminal liability. Some DA would be stringing me up on charges of fraud, HP would be lauding the DA for rooting out privacy violations within their company, and the media would jump on the story, pandering another "identity theft" case to their drooling consumers. Yet when the tables are turned, and one of HP's hired guns is committing the dirty deed, suddenly the euphemism "pretexting" comes into play, and it's only maybe sort of sometimes legal and occasionally not, and it's only even remotely possibly bad because a journalist got caught in the fray.

      What. The. Fuck. I've heard the "pretexting" nonsense a couple of times in the past, but it's never been so widespread and massively reported. Doublespeak at its finest. Everyone knows what fraud is, but to say HP's goons were involved in fraud might be a Liability To The Network, so the talking heads start blathering on about "pretexting" as if it's A-OK.

      I really wish that this had happened to someone with a bit more influence. It's not that I'd have any less sympathy for Ms. Kawamoto, and it's not that I wish any ill will upon Declan McCullagh, but if he'd been the C|Net reporter who'd been "pretexted," this would have been a much bigger story, and it might actually go somewhere. As it stands, I fear that this will be yet another in a long string of corporate fuckups to go unpunished, that Ms. Kawamoto will never see any sort of restitution, and that a month from now, the business world will have entirely forgotten.

      Long live our corporate overlords - they learned this shit from the government, after all, so it must be okay.

      --
      Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
    2. Re:Lying by Any Other Name... by HermMunster · · Score: 5, Insightful

      The AG in CA has already declared that laws were broken. Who to prosecute and for exactly what is still outstanding. My feeling is that Patricia Dunn will be fired. The board member who leaked the information will actually be re-elected the first time around but not the 2nd time (years later). Perkins will stay away for some time and maybe in 3-5 years he'll go back.

      The AG will bat around the idea that Patricia Dunn should be held criminally liable, but those campaign contributions will kick in. The private investigators will take the fall. HP will be fined but it won't impact them in any way.

      That money will go to the city/state which will then be used for more decadent art and show palaces for the rich.

      Essentially, the typical.

      The only thing that could alter this is if the journalist that are potentially offended by this are to take government to task. They won't because they don't know how to persevere.

      From all that I read, aside from one website that had photo copies of the letters from Perkins, I don't see any large media educating the American public about it sufficiently to cause the type of outcry this story deserves.

      --
      You can lead a man with reason but you can't make him think.
    3. Re:Lying by Any Other Name... by AndersOSU · · Score: 4, Insightful

      Here's what I don't understand, why is this so convoluted? It seems to me that the solution is simple, file criminal charges against Particia Dunn, and the PIs. Pull the PI's licences. Allow anyone who's data was stolen to sue HP, Dunn, the PIs, AND the phone companies that turned over the data.

      I don't know why the solution isn't more obvious to more people, and I don't know why people aren't all over the phone companies for the breach of privacy, like they would be if, say, Choicepoint sold records to identity theves who were pretexting as a legitamite buisness.

      Sure it might be slightly harder to get your information if the phone companies were successfully sued, but I get a bill mailed to my house once a month - it seems like they should know where to send private data.

  2. That was a mistake by MadUndergrad · · Score: 4, Insightful

    Pissing off the media is a great way to hurt your PR. I can't imagine CNet having anything good to say about HP for a while.

  3. HP is so screwed by Anonymous Coward · · Score: 1, Insightful

    The board of directors of a public company authorized this? I bet they all get barred by the SEC from serving anywhere. Watch and see, this is going to be a HUGE scandal.

  4. Can we dispense with the "pretexting" BS . . . by Anonymous Coward · · Score: 5, Insightful

    . . . and call this practice what it really is, identity fraud.

  5. Pretexting Ease by loteck · · Score: 5, Insightful
    Why is it so difficult for phone companies to secure my personal records? How hard is it to simply lock down an email and mailing address and tell people that they can only receive their account info at those addresses?

    It's just basic account privacy measures. Un-***ing-believable.

    1. Re:Pretexting Ease by Beryllium+Sphere(tm) · · Score: 2, Insightful

      Then the social engineering just gets a little more advanced, like "I just had eye surgery and I can't focus, could you please read my bill to me?". From a hospital pay phone, ideally.

      There's no big economic reason for the phone companies to protect privacy effectively, and the public service ethic they used to have died with Ma Bell.

  6. Not surprised by X86Daddy · · Score: 4, Insightful

    From HP's timed "expiration" of ink cartridges to this, it's become quite obvious that this organization has the same sort of ethical standards as Sony, Enron, etc... What's particularly sad is that they were, at least at one time, a real innovative and pioneering company. I studied some of their software engineering practices while pursuing a CS degree, and they were quite impressive. Nowadays, they're on my "Boycott and tell others why to avoid" list.

  7. Isn't this ok? by Scoldog · · Score: 3, Insightful

    I mean, they're trying to stop damaging information from leaking into the wrong hands by phone tapping without asking for authority.
     
    I heard this is all the rage in America at the moment!

    --
    This space for rent
  8. Re:This just isn't right. by PreacherTom · · Score: 2, Insightful

    So, anyone can get around the law simply by hiring people in the private sector?

  9. Prison by Mark_MF-WN · · Score: 2, Insightful
    That's almost funny...

    Seriously though -- suits don't go to jail. It's so fantastically rare as to border on mythical. Not quite as rare as politicians going to jail, but still pretty rare. America is a nation where you are judged by what you have. A top executive has a great deal of wealth, and so the burden of proof for any criminal proceeding against him or her will be set so high that a successful prosecution is impossible. Meanwhile a 12 year old kid from the ghetto will get the needle based on hearsay and the fact that he once listened to a Marilyn Manson CD.

    1. Re:Prison by Fearless+Freep · · Score: 2, Insightful

      No, the wealthy just have more resources and advisors to build walls of plausible deniability as to make prosecution very hard.

  10. Re:This just isn't right. by Anonymous Coward · · Score: 2, Insightful
    What you get in many states is a qualified immunity.

    Oh, but wait, the post you replied to didn't say a thing about "trumps every power on earth". It said that confidentiality is a cornerstone of media. Which is why so many places have shield laws.

    Pretending that somebody said something they didn't say is a sleazy trick, and in a written medium like this where anyone can look at what actually did get said you are certain to get caught in your dishonesty.

  11. Making America Better by Locution+Commando · · Score: 2, Insightful

    A thought just occured to me:

    This kind of uproar over phone fraud is just the sort of thing needed to force general opinion - and political opinion - towards a re-assertment and re-assesment of privacy rights in the United States.

    Just watching my newsfeeds, as every 20 seconds a new opinion article berating the utter stupidity and thickheadedness of Dunn is circulated, gives me hope.

    Whereas govt. wiretapping on its own has (obviously) brought out much emotion and little reason from (the higher levels of) both sides, this behavoir of HP (and you can bet they are not the only company that will get mud in the face over this practice - Line up, fortune 500's) is likely to bring out the *best of America, for the best of purposes:

    Issue Hot Potato+BlameGame=positive steps for privacy.

    For example: A red state senator now has a pretext for not being stupid about phone tapping (some of you will no doubt cynically refute this, but I say watch and see how political rhetoric shifts between now and November - the Repubs need language to grasp for the middle)

    *most erratic-mob-reactionary-unthought out-groupthinking-headless-behemoth to ever form on this planet.

    --
    Advertising is a poor, failing, ghost of an attempt at the power of honest word of mouth. -Locution Commando
  12. Re:Nonsense... by rjamestaylor · · Score: 5, Insightful
    --
    -- @rjamestaylor on Ello
  13. Time to call the AG by Groo+Wanderer · · Score: 3, Insightful

    I wonder what they got on me? I know they looked, but I don't know to what extent. Time to call the Attorney General and see if they can help. That said, I work for a UK company, so there are all sorts of European privacy laws that come into efffect.

    If they were looking into people laying into HP during that time, I am sure things like this got me in their sights.
    http://www.theinquirer.net/default.aspx?article=21 145
    http://www.theinquirer.net/default.aspx?article=21 225
    http://www.theinquirer.net/default.aspx?article=21 231

    This is going to get mighty interesting, I am sure we are only seeing the tip of the iceberg. It must be nice to know that all the board minutes are transcribed and kept. Anyone want to put money on Dunn eating some of her words in court?

                -Charlie

  14. Re:This just isn't right. by HermMunster · · Score: 5, Insightful

    Police can't hire private citizens to do those tasks that the laws prohibit law-enforcement from performing. If they do they become agents of the police and are subject to the same laws. This is longstanding in case law. If anything the question, for me, would be whether this makes those third parties agents of HP, and thus makes HP liable, and whether Patricia Dunn can be held criminally liable for their criminal acts.

    Hell, Martha Stewart simply lied and went to jail. Patricia Dunn sanctioned these criminal acts. Even if her involvement was implicit she's still criminally liable because she knew they would not be able to gain access to this information without resorting to criminal activities.

    She is a criminal now employed by the corporate foundations. Forever we'll remember HP as a criminal organization instead of the company that was founded for the employees.

    --
    You can lead a man with reason but you can't make him think.
  15. ummm... by circletimessquare · · Score: 4, Insightful

    that's some pretty hysterical hyperbole (hyperbolic hysteria?) you got there there

    first of all, the rich getting better treatment than the poor is not an american phenomenon, it's a human phenomenon. it's true in every country, in every time period. why are you singling the usa out for accountability for what every country is guilty of?

    secondly, your attitude is all wrong. you have a tone of resignation to what you say. what you say IS true about the rich getting away with murder (literally, look at oj simpson) due to their greater resources. but that should piss you off, make you angry

    if you're simply resigned to this as a fact of life, then you are complicit with the crime. that's what cynicism is: acceptance of what should not be acceptable. so don't get cynical and negative. that's common and lazy and useless. get angry and keep a positive attitude. then you make a difference. but if you're going to be cynical about it, you might as well say nothing at all if you have no intention of fighting injustice (which is what cynical resignation is: retiring from the fight)

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  16. I am shocked! by 140Mandak262Jamuna · · Score: 4, Insightful
    I am really shocked that almost everyone assumes only HP did it. To me it looks like only HP fessed up to it.

    Folks, there are hundreds of countries and thousands of foreign companies operating in the United States of America. Not all of them are as contrained by American laws as most American corps are. They conduct espionage with covert or overt state sponsorship.

    With politics beign such a high stakes game and digging the dirt on the opponant and negative attack campaigns being so effective, are we really sure such tactics are not being used by the candidates? How many campaign managers say to their investigators "Do whatever it takes to find the dirt. Just make sure it cant be traced back to me." Neither the parties nor the candidates will explicitly authorize such operations, preserving the deniability. But tacit understanding is that, those underlings who took the risk and delivered the goods will move up in the good books of the parties.

    It is almost certain underlings of parties (both Democrats and Republicans) do it. Foreign govts do it. Foreign corps do it. Private companies do it. So dont spend all your indignation on HP. Reserve some for future use.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re:I am shocked! by DragonWriter · · Score: 2, Insightful
      I am really shocked that almost everyone assumes only HP did it.


      I am really shocked that you claim that almost everyone assumes only HP did it. We're talking about HP doing it because we actually have some information about what they did. Yes, its probable other people do similar things but don't announce them to the people that were the subject of the illegal intrusion, or otherwise guarantee that they will get caught. But we can't really discuss the details about what people are doing that doesn't come to light because we don't have information about it.

      Folks, there are hundreds of countries and thousands of foreign companies operating in the United States of America. Not all of them are as contrained by American laws as most American corps are. They conduct espionage with covert or overt state sponsorship.



      Or just on their own. But, again, accept when details come out because they get caught, there isn't a lot to talk about except vague generalizations and fuzzy speculation.

      With politics beign such a high stakes game and digging the dirt on the opponant and negative attack campaigns being so effective, are we really sure such tactics are not being used by the candidates?


      I think we can be fairly certain that at least some candidates are using some tactics similar to what has been done here. But, again, unless information becomes public, there are no specifics to discuss.

      How many campaign managers say to their investigators "Do whatever it takes to find the dirt. Just make sure it cant be traced back to me."


      I don't know. Do you?

      It is almost certain underlings of parties (both Democrats and Republicans) do it. Foreign govts do it. Foreign corps do it. Private companies do it. So dont spend all your indignation on HP. Reserve some for future use.



      As if indignation were a limited resource. The more upset people get over this, the more upset they'll get over the next time, too; indignation puts a negative moral mark on the act that provoked it.

      Further, the more people use their anger over this to push for substantive controls, the more likely people who try to do likewise in the future are to get frustrated and/or caught in their efforts.

      Your argument that we shouldn't be that upset at HP because other people also do things that are in some ways similar (but without any concrete details) is, IMO, rather hollow. Sure, other people may do it. That's no reason not to be upset at HP.