Sept. 8, 2006, 5:53PM

FCC Asks AT&T About Hewlett-Packard Leak

By JOHN DUNBAR Associated Press Writer

© 2006 The Associated Press

WASHINGTON — The Federal Communications Commission has asked AT&T Inc. how private investigators for the Hewlett-Packard Co. managed to obtain private phone records of board members and journalists, a government official familiar with the case said Friday.

The so-called letter of inquiry, the first step in an FCC investigation, was sent Thursday, said the official, who spoke on condition of anonymity because the probe is still under way.

Hewlett-Packard Chairwoman Patricia Dunn is under scrutiny in a California state criminal investigation regarding her efforts to plug a media leak.

Investigators hired by the company obtained the personal phone records of company directors and at least nine reporters in an attempt to find out who was leaking company information to the press.

Investigators reportedly used Social Security numbers of the people involved to trick phone companies into turning over telephone records. The practice is known as "pretexting."

In February, the FCC opened a proceeding to examine the practice, particularly as it pertained to data brokers who obtain private telephone information and sell it. Commissioners were especially interested in what type of security measures companies have in place to protect personal data.

AT&T spokesman Michael Balmoris did not confirm receipt of the letter but released a company statement that said: "AT&T is committed to both protecting the privacy of our customers and to weeding out those who fraudulently obtain access to customer information. We are working closely with all law enforcement officials to bring these data thieves to account."

Marc Rotenberg, executive director of the Electronic Privacy Information Center, the organization that sparked the FCC proceeding, has argued for a national ban on pretexting.

He said he has been frustrated with the slow progress of the agency in passing a ban, adding that the practice threatens the privacy of millions of people whose records "may not be as interesting as the directors of Hewlett-Packard, but are just as important."

The laws on pretexting vary from state to state, he said.

"I think the Calfornia law will cover this, but you don't have federal law, which is what we've been pushing for."