Win tickets to the ATP finals
The revelation last week that private investigators working for Hewlett-Packard had illegally accessed the phone records of company directors and journalists in search of a boardroom leak touched all manner of hot-button topics.
There was the issue of leaking itself, which is under intense scrutiny in the US these days as the Justice Department mounts an unprecedented campaign to crack down on the disclosure of information to journalists. There was the spectre of a childish feud raging at the highest levels of a major multinational corporation – something that undoubtedly happens all the time but is rarely public, and lends support to the idea that corporate governance in general is in need of a major overhaul.
There were the intimations of sexism in the way that HP chair Patricia Dunn was initially portrayed as the villain of the piece (which had its start in the dramatics surrounding the firing of Carly Fiorina, then the most powerful woman in American business.) There was the central role played by Tom Perkins, the legendary venture capitalist, whom I will never be able to separate from the autobiographical hero of the novel he recently wrote called Sex and the Single Zillionaire.
Yet what I found most remarkable in the whole thing was not simply the poor judgement of a whole bunch of people who are paid huge sums not to have poor judgement. It's the fact that even in the aftermath, most of these people miss the point: the things you have to do to find the source of a leak are almost inevitably more damaging than the leaks themselves.
Ms Dunn, in interviews she gave to defend herself last week, spoke of how the leaks had destroyed trust in the boardroom and that therefore something had to be done. Mr Perkins and the rest of the board, she said, agreed with that. Even a sage management observer such as Yale's Jeff Sonnenfeld, quoted in The New York Times, endorsed the idea that it was, in Dunn's words, "noble" to go after the leakers.
That is nonsense.
Everyone involved says they had no idea that an illegal technique called "pretexting," – essentially pretending that you are the person under investigation in order to get a hold of that person's private phone and e-mail records – was used in the investigation and they would not endorse that. But apparently they were only bothered by the fact that the technique is illegal in California. They somehow don't see that leak investigations by nature destroy trust (and, not incidentally, didn't even solve the immediate problem in this case since the source of the leak, once identified, refused to resign).
By definition, any probe into leaks is going to involve efforts to get at the private information of possible suspects. How can there be trust in an environment where everyone knows that they might be spied upon by their superiors, or even at the bidding of their supposed colleagues?
I certainly understand the frustration that leaks can create. When I was running the Industry Standard and the business was tanking, there was a lot of speculation in the business press about our fate, and especially about possible layoffs and other cutbacks. On more than one occasion we had staff meetings in which I told people as best I could what was going on, and in a matter of hours my comments were appearing on online news sites and even on TV.
These leaks were damaging, as they increased the already extreme level of tension within the company, and undermined the confidence of the advertisers whom we needed to stick with us. I was about 90 per cent sure I knew who the culprit was, though when I confronted him directly he denied it.
Determining whether he was telling the truth would probably have been a simple matter, and not one that required any legally questionable methods. We could have looked at his e-mail – mail sent from a company computer on a company system has no presumption of privacy – and we could have looked at his company phone records. I thought about it, and talked to a few people about, and ultimately decided that I simply would not go down that road.
Sure, it would have been satisfying to catch the source of the leak, and in the short term it would have been good for the company to stop the leaks. But the price, in my view, was very high: I would have been making a statement to everyone at the company that no, we don't trust you, and we are prepared to spy on you if we think it's in our interest. Journalism, perhaps even more than many other endeavours, is based on trust between writers and editors and publishers, and I just didn't see how such trust would be compatible with surreptitiously reading people’s e-mails.
I'm sure there is a lot at play in the HP situation that we don't know about, but it seems elementary that covert investigations are not going to lead to a restoration of trust in almost any situation. Shame on the leaders of H-P, and all their high-priced lawyers and consultants, for not understanding that simple bit of ethics and common sense.
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
36-month car lease
on contract hire for
£359.99 plus VAT pm
12 months for the price of 11 and a 5% discount.
Offer ends 31/11/09
The UK's leading alternative to showroom finance.
Finance packages tailored to your needs.
Minimum loan of £15,000
Car Insurance
£12,578 per annum
The Independent Housing Ombudsman
London
Competitive
Barclaycard
Not Specified
The Sheppard Trust
London
£80-95,000
Clay McGuire Executive Selection
Moments from Battersea Park.
For sale with Winkworth.
See your free Experian credit report beforehand
Book now & save over £100pp.
11 cool resorts, lowest prices... Early Booking offers 15 Nov.
20% off selected Azores holidays taken in October with Sunvil Discovery
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
World Class Golf, Spa and preferential Beach Club. Private estate overlooking West Coast
Villas from £275 per night inclusive of Golf
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.