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Liar, Liar, and Pretexting
Mark Rasch, 2006-09-19

Mark Rasch details the legality of pretexting by putting it in context with how it used, comparing it with legal forms of lying, and by looking at previous court cases involving pretexting in the United States. Hewlett Packard's use of pretexting also brings up potential charges of criminal fraud, violations of consumer protection laws, issues of deception, and the use of spyware. Together these issues make for a very interesting legal situation at HP.

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Update 2006-09-20
Mark D. Rasch
The New York Times today http://www.nytimes.com/2006/09/20/technology/20hewlett.html?
ei=5094&en=9ad88b9b669142c2&hp=&ex=1158811200&adxnnl=1&partn
er=homepage&adxnnlx=1158751077-0gDnIt1xrEHRNHM9FEh8oA
reported that HP also considered plans to infiltrate newsrooms posing as cleaning crews or other employees, and that they were told that there were no federal or state (Florida) laws specifically prohibiting pretexting. A classic example of how NOT to conduct an internal investigation.

A few other observations from alert readers. Why is this coming out NOW when the events that occured happened in January? Hmmm..



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Link to this comment: http://www.securityfocus.com/comments/columns/417/33921#33921
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