Phone-Records Scandal at HP

The point of who is the wrong-doer seems again to be missed by most in this situation. Ms. Dunn's investigation was prompted by repeated disclosure of company proprietary information that the members of the Board are sworn to protect. As Newsweek points out there is not even a clear legal precedent that pretexting to obtain phone records is illegal. Gramm-Leach-Billey is specific to financial institutions.

Who's the wrong-doer here? I say clearly Mr. Keyworth is the culprit, not Ms. Dunn.

From Newsweek: Legal experts vary in their views on the extent to which pretexting is a violation of criminal law. The Gramm-Leach-Billey Act of 1999 bars a range of fraudulent activity related to financial records, but its applicability to phone records is unclear. Experts agree that pretexting is often used to accomplish identity theft—to borrow money or buy merchandise—that clearly is criminal. But the pretexting itself may be harder to prosecute. Civil liability would seem to be much more a risk for pretexters, as they obviously engage in an invasion of privacy, achieved through misrepresentation.

Phone-Records Scandal at HP - Newsweek Business - MSNBC.com