Corporate Spying
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Hewlett-Packard Co. used several investigative techniques in its attempts to plug leaks from its board of directors. Prosecutors will likely focus on the totality of HP's actions and their intent, say some private investigators. "This is technology at its finest, and it's testing the limits of the law," said Kenneth S. Springer, president of Corporate Resolutions Inc., a corporate investigations firm. Here are assessments of HP's activities, according to legal and investigative experts.
Pretexting
Description:
Obtaining phone records under a false pretense, often by pretending to be the phone service subscriber. Sometimes records are obtained from people with access to the phone company's database.
Legality:
If done without consent from the subscriber, the act is identity theft. It also potentially violates computer security laws, if a user's account is accessed online.
HP connection:
This work was outsourced to a third party working for HP's outside investigators. In a Feb. 10 progress report, investigators said that more than 300 telepone numbers were sought and "subscriber information has been obtained and is currently under analysis."
Physical surveillance
Description:
Stakeouts -- following a person or watching their home.
Legality:
Legal if conducted in a public place. Using a telescope is also legal, but questionable if the lens is trained on someone's house.
HP connection:
HP's internal e-mails and its investigator's report indicate extensive following of some of its board members and also of reporters. "Surveillance activity was initiated at [board member George Keyworth's] residence," and "surveillance teams also have photograph and vehicle description of [Wall Street Journal reporter] Pui-Wing Tam."
E-mail tracking
Description:
Using software embedded in e-mail to track who has read the e-mail, or whether it is forwarded to others.
Legality:
Commonly used to protect copyrighted materials. This is a gray area, legal experts say. Its legality hinges partly on whether the software only traces the e-mail, or whether it accesses other information about the recipient's computer.
HP connection:
HP's internal e-mails show HP senior counsel and ethics director Kevin Hunsaker providing step-by-step instructions to the investigative team. "FA does the following: *Creates pdf file. . . . Runs program to strip metadata from the pdf file. . . . Embeds tracer in pdf file."
