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Corporate Policing and Corporate Governance: What Can We Learn from Hewlett-Packard\u27s Pretexting Scandal?
No full textWhen Hewlett Packard (HP) announced in September 2006 that its Board Chairman, Patricia Dunn, had authorized HP\u27s security department to investigate a suspected Board-level press leak and that the investigation included tactics such as obtaining HP Board members\u27 and reporters\u27 telephone records through false pretenses (conduct known as pretexting ), observers vehemently condemned the operation as illegal and outrageous. In congressional testimony, however, Dunn defended the investigation as old fashioned detective work. Although Dunn would later claim that she was unaware of key aspects of the investigation, her description was not so far off. The police routinely rely on deception to investigate and apprehend wrongdoers. Although it is tempting to view HP\u27s pretexting episode as a one-time scandal, the episode illuminates a more important, largely unexplored, conflict between corporate policing and corporate governance.
This Article analyzes the tension between the board\u27s competing responsibilities of overseeing its internal corporate police and implementing the norms and structures that presumably create ethical (and therefore good ) corporate governance. As the HP scandal aptly demonstrates, law enforcement techniques that rely primarily on deception are likely to conflict with corporate governance norms such as trust and transparency. After outlining the problem, the Article considers its broader policy implications
The Heat Is on in Latin America: The Future and Implications of the Colombian Free Trade Agreement
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Encouraging Physician-Attorney Collaboration through More Explicit Professional Standards
Get PDFIn this age of multi-layered global problem solving, the skill of working with other disciplines is a necessary tool for any professional. Societal ills can no longer be solved by narrow approaches learned in graduate training but call for interdisciplinary collaboration. Effective collaboration of this nature requires the professions to understand the differences in professional cultures and to bridge the communication gap caused by these differences.
Legal and medical training offer useful, but often conflicting, approaches to problem solving, thus, potentially impeding our abilities to understand and communicate with others regarding a shared issue or problem.
Though each profession has created standards that may hint at the further collaboration of the professions, we believe the standards do not go far enough. To provide context for our position, the first section of this essay offers a theoretical perspective on fundamental components to interdisciplinary collaboration. Section II describes the current support for collaborative skills in each profession\u27s operational standards, and suggests alterations and additions to lend further support to interdisciplinary problem solving
Imposing Tort Liability on Websites for Cyber Harassment
Get PDFSeveral female law students were the subject of derogatory comments on AutoAdmit.com, a message board about law school admissions. When one of the women asked the website administrator to remove certain comments, the administrator discussed her request in an online post, prompting further attacks. An undergraduate student’s rape was revealed on a gossip site, JuicyCampus.com, where posters engaged in a cruel session of “blame the victim.” Another student on that site was falsely identified, by name, as being a stalker, bi-polar, and suicidal. When officials at her university asked JuicyCampus.com to remove the most egregious posts, the company refused.
These recent examples have brought the vexing problem of cyber-harassment to the public’s attention. Under § 230 of Title 47 of the U.S. Code,4 websites are not liable as publishers for the content on their sites so long as they are not involved in the creation of the objectionable content. Accordingly, much of the relevant scholarship has focused on repealing §230 or imposing liability upon posters
