Rep. Joe Barton points out that Larry Sonsini signed off on the pretexting ops back in April, and demands to know how he didn't wave a red flag, rather than saying "such operations are not generally illegal." He and other reps have asked, why are so many principles refusing to testify today if the actions were so legal?

A common thread in the opening statements is that the public will expect HP's actions are common throughout the Valley and the whole corporate world and that public will fear that their own private records may be searched. "Is corporate America the next big brother, Rep. Tammy Baldwin said in her opening statements.

Most members of the subcommittee are pointing to an anti-pretexting bill the committee reported out this summer, which died in a "black hole" on the Hill. lt's pretty obvious that another bill will be passed and that House leadership will be hard-pressed to sit on it after all this.