Lessons Learned: Issues Exposed in the Aftermath of the Hewlett-Packard Debacle
October 19, 2006
On Sept. 5, 2006, <i>Newsweek</i> published a story about Hewlett-Packard's Chairman Patricia Dunn's use of a private investigation firm to locate the source of leaks of confidential corporate information. As the story unfolded, the public learned the following: After confidential information appeared in news publications in 2005, certain officers and certain members of the board of directors of Hewlett-Packard ('HP') authorized the launch of two investigations, the first in 2005, and the next in 2006, to locate the source of the information leaks. The basis for the investigations was that the information leaked to the press was known only to board members. Certain officers and directors collectively comprised the 'HP investigation team' in the secret investigation of the leaks to the media. In devising its plan, the HP investigation team sought the assistance of a top investigator, Ron DeLia, head of Security OutSourcing Solutions, Inc. ('SOS'), with whom Hewlett-Packard previously had worked on unrelated matters. DeLia allegedly encouraged the HP investigation team to use pretexting or 'social engineering' to obtain private cell phone and phone records of certain targeted individuals, among other things.
<b>Online Exclusive:</b> Privacy Policies Must Be Clear
October 18, 2006
All reputable Web sites have privacy policies that include a promise that the operator will not share the personal data of its users without their prior, express consent. But many Web sites also offer visitors an opportunity to receive additional information from third parties through some type of an opt-in agreement. An Oregon court was recently called upon to decide whether the language of an opt-in was clear enough to inform Web site users that their personal information would be shared.
<b>Online Exclusive:</b> Spam Database Leader Spamhaus Struggles Against Suspension
October 16, 2006
Spamhaus, one of the leading compilers of databases of spammers, dodged a bullet at least temporarily when the Internet Corporation for Assigned Names and Numbers ('ICANN') declined to comply with a request from a U.S. district court to suspend the domain name spamhaus.org. Yet, Spamhaus still has struggles ahead in its battle with e360 Insight, an e-mail marketing company that won a summary judgment in a lawsuit after Spamhaus put e360 Insight on its list of suspected spammers.
<b>Online Exclusive:</b> Security Breach Class Action Thrown Out of U.S. District Court
October 16, 2006
A decision by a U.S. district court during the week of Oct. 9, 2006 potentially limits the scope of class action complaints that can be filed in the wake of electronic security breaches of personally identifying information. Judge William Wilson of the U.S. District Court for the Eastern District of Arkansas threw out a class action lawsuit filed against database operator Acxiom on the grounds that the plaintiff could not show actual harm from the breach.
Are Western Firms Growing Too Fast in China?
October 13, 2006
Seeking to reestablish the rule of law in the aftermath of the Cultural Revolution, China's government in 1980 set an ambitious goal: increase the number of licensed Chinese lawyers by 50-fold. Twenty-six years later, the aspiration has almost been realized. China's domestic legal industry has about 122,000 lawyers, compared to 3000 in 1980. Now the government may be turning its attention from adding to the ranks of those lawyers to protecting their business ' at the expense of foreign firms looking to strengthen their presence in China.
<b>Online Exclusive:</b> U.S., EU Reach Agreement on Sharing Passenger Names for Air Transport
October 12, 2006
U.S. and European Union officials reached an agreement on Oct. 6 about how to share passenger identification information for intercontinental flights. The agreement resolves a standoff due to the EU's opposition to U.S. requirements that all airlines share Passenger Name Records ('PNR') information with U.S. security officials on all flights from Europe to the United States.
<b>Online Exclusive:</b> Accountants Exempt from Privacy Rules
October 04, 2006
Accountants will soon be exempt from federal law that requires financial services companies to send all clients an annual notice that informs them of the company's privacy policy and gives them a chance to opt-out of the sharing of their personal information with unaffiliated parties.
