Is California Law Sufficient For A Prosecution At HP?
from the will-they-walk? dept
There's little doubt that HP or people hired by the company engaged in identity fraud in its drive to determine the identity of a boardroom leaker. Clearly, the best that company officials can do is to claim maximum ignorance about what tactics were used. But while California Attorney General Bill Lockyer claims he has enough evidence to indict people within HP, the law may not be so clear cut. Today, the New York Times surveys various legal professionals, and comes to the conclusion that under existing California law, a criminal case may prove difficult. In fact, a law that would have specifically gone after pretexting failed to get through the state legislature. This is not to say that Lockyer couldn't win a conviction, as the actions may violate broader consumer protection laws. But it is worth asking whether he is bluffing at all by announcing so quickly that he already has enough evidence to bring an indictment. And since he's running for state Treasurer, he also has personal motivations for taking a high-profile role in this case. It's no wonder that he's been compared to another state attorney general on the opposite coast. Of course, if the law isn't sufficient to go after this kind of behavior, that's not Lockyer's fault, and it shows the need for state and federal governments to strengthen laws that govern identity-related fraud.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Reader Comments
Subscribe: RSS
View by: Time | Thread
Jail
[ link to this | view in thread ]
you too can have a career in identity theft in just 18 months! classes starting today!
[ link to this | view in thread ]
Thanks for not using......
[ link to this | view in thread ]