IBM accused of hacking

A boutique Washington, D.C.-based law firm is accusing IBM of hacking into its e-mail system and is seeking recourse.

The firm, Butera & Andrews, filed suit against IBM and is seeking unspecified damages and repayment of more than $61,000 that it paid to investigate the alleged break-in and repair its e-mail system, according to a copy of the suit, which was filed in April in U.S. District Court for the District of Columbia.

IBM has since filed papers with the court seeking to dismiss the case, arguing that the law firm failed to state a legitimate claim. Butera & Andrews, meanwhile, have asked the court for limited discovery, allowing it to investigate the matter, which IBM opposes, according to recently filed court papers.

Butera & Andrews charge that an unnamed IBM employee at a Durham, N.C., hacked into its e-mail system. The individual allegedly broke into the system, gained full privileges and was able to download messages at will, according to the complaint.

The firm hired outside experts after it "became aware of facts which suggested that the e-mail server through which the firm operated had been compromised by unauthorized parties" in November 2005, according to the complaint.

The investigation turned up more than 42,000 attempts from over 80 different Internet protocol addresses owned by IBM to acces the Butera & Andrews e-mail system last year, the complaint said.

"Plaintiff cannot state a claim merely by alleging that certain events are 'tied' to IP addresses registered to IBM," the Armonk, N.Y., IT giant said in a court filing on June 30. "Indeed, plaintiff's argument would be akin to holding AOL liable for intentional misconduct any time an IP address registered to AOL."

U.S. District Judge Reggie Walton has yet to decide on IBM's motion to dismiss the lawsuit.