jeudi 16 août 2007

Reporters, Family Sue HP in Spy Scheme

FT, AP : "HP's boardroom-spying scandal was back in the spotlight on Wednesday after a group of reporters and their families sued the computer maker over its controversial internal investigation into the identity of a boardroom mole.

Five separate lawsuits claiming "illegal and reprehensible conduct" were filed in San Francisco Superior Court against Palo Alto-based Hewlett-Packard, former Chairwoman Patricia Dunn and Kevin Hunsaker, the company's former ethics chief.

The lawsuits allege invasion of privacy, intentional infliction of emotional distress, and engaging in unfair business practices. They seek unspecified damages and a jury trial. "We're filing the lawsuits to make sure this never happens again," said Kevin Boyle, one of the attorneys for the plaintiffs.

HP said it apologized to each of the people affected by the spying probe and made a "substantial" settlement offer. "Unfortunately, rather than respond to the offer, they have decided to sue," HP said in a statement. "HP is disappointed by their decision and will defend itself."

The lawsuits come nearly a year after HP disclosed in a Sept. 2006 regulatory filing that investigators used a tactic called "pretexting" -- or pretending to be someone else to obtain private information from companies -- to spy on board members, journalists and their families.
The next month, California's attorney general charged Dunn, Hunsaker and three private investigators with four felony counts each -- including fraud, identity theft and conspiracy.

Those charges were later dropped, with a Santa Clara County judge calling their conduct a "betrayal of trust and honor" that nonetheless did not rise to the level of criminal activity.
Separately, HP agreed to pay $14.5 million in a civil settlement with the state, most of which was slated to fund investigations into privacy rights and intellectual property violations.

The U.S. attorney's office in San Francisco brought charges against one of the investigators, Bryan Wagner, who pleaded guilty to two felony counts of identity theft and conspiracy in the case. His sentencing is set for October in San Jose federal court.