Legal and ethical actions might Dunn have taken to prevent
further leaks of sensitive information:
Clearly, I don't think Dunn could ignore the leaks.
- Boards ought to be high trust organizations, in which members
have confidence in one another. Few things can be more desctructive
to intra-group trust than leaks, which may be perceived as
inherently a breach of confidentiality but also as attempts to
litigate disputes in the media instead of in the boardroom.
- With the benefit of hindsight, I think I would have advised
Dunn to hire the best outside security experts she could find
(instead of trying a jerry-rigged combination of in-house and
outsourced resources). She then takes the experts before the board.
The experts tell the board: Here's what we need to do to
investigate the identity of the leaker. Dunn then asks the board to
approve the investigation, making clear that the board members will
be investigated. Anybody who balks should be asked to resign from
the board. Leaker Keyworth thus would have been faced with the
unpalatable choice of approving an investigation he now knows will
include access to his phone records and so on or essentially
admitting that he was the leaker by refusing to go along.