at 906-907. 1999). On July 31, 1996, all its design and production computer programs were permanently deleted. Nine former Omega employees testified that they never had any problems with Lloyd and that Lloyd was always very professional. to the networks, he conceded that he did intend to gain access to the affected February 1998 a U.S. judge sentenced Levin to three years in prison, and Access Introduction to Computer Security 1st Edition Chapter 4.6 Problem 2R solution now. He was able to develop, coach, team into self manage teams [sic], self responsibility." All The group has been credited with revolutionizing modern What happened next was that Mr. Lloyd hid a ''bomb'' inside Omega's computer network, according to investigators with the United States Secret Service, which has had jurisdiction over such cases since 1986. According to Inglin, " [s]omebody must have" had supervisory rights in order to log on. In August and September 1996, Omega continued to seek a solution, hiring a variety of programmers in hopes of recovering the lost data. Thanks for your replies, and have a great day. Most significant is the fact that the story of the "Love Bug" virus, as explained earlier, is entirely unrelated to the facts and the theories of this case. It is apparent from the transcript of the District Court's interview with Simpson that the court's questioning went beyond the scope permitted by Rule 606(b). combinations, downloaded the file and ran the program it contained. Lloyd, who had worked at Omega for 11 years and became "a trusted member of the family" there, had actually built the computer network that he would later destroy. on Yahoo and the other companies were distributed denial-of-service Products to monitor your medical environments, sterilization processes, medicine storage, or analyze fluids. Omega's newest digital pressure gauge, with over 40,000 configured options. web site copyright 1995-2014 949 F.2d at 96. External sites are not endorsed by CNN Interactive. App. We are not talking about deletion of material. This court previously has found relevant the length of the jury's deliberations and the structure of its verdict. found guilty of unauthorized access to a "federal interest computer," which the Since Omega makes components for clients such as NASA and the U.S. Navy, those systems were the company's rainmakers. was replicating and infecting machines at a much faster rate than he had conviction was short-lived. The "Love Bug" story suggests that a person with remote access to a computer (i.e., access from afar) could sabotage that computer. He did so after a juror who heard the case approached the court with concerns just days after the guilty verdict was handed in. The government cites Lloyd's job interviews with W.L. App. If convicted, Mr. Lloyd faces a maximum sentence of 5 years for the first count and 10 years for the second. Ultimately resulting in deleting the software that ran their manufacturing systems, costing $2 million in repairs, $10 million in revenue and 80 employees beeing laid off. This site is protected by reCAPTCHA and the Google. John Bosanac got In early July 1996, Lloyd had a run-in with Walsh and a female colleague, Arona Mullenback. About 1,200 computer programs were deleted and purged, crippling Omega's manufacturing capabilities and resulting in a loss of millions of dollars in sales and contracts. The Omega Engineering Logic Bomb An example of a logic bomb that was actually triggered and caused damage is one that programmer Tim Lloyd was convicted of using on his former employer, Omega Engineering Corporation. That the extraneous information is outside the jurors' generalized knowledge does not necessarily signify that the information is prejudicial. App. Melissa case had reached the outer limits of what was even conceived of in the customers to make transfers to his accounts. Unlike the information in Console, we are not faced with direct contact between a juror and a third-party. an extensive investigation that involved Texas, Pennsylvania, Ohio, Colorado, Three days after the jury returned its verdict, on May 12, 2000, Francis Simpson, Juror No. App. Also relevant is the time at which the jury receives the extraneous information. While Omega continued in its attempts to recover this lost data, Ferguson searched for backup tapes that had been made. App. file named "list.zip." We have jurisdiction pursuant to 18 U.S.C. Here, Simpson was exposed to the "Love Bug" story over the course of the weekend that preceded the jury's final day of deliberations. Ferguson described Lloyd to W.L. In December 1999, Smith pleaded guilty to federal and However, in light of the significant dissimilarities between the "Love Bug" and the "time bomb," the court's conclusion that the average juror would "use" the information at all cannot be sustained. five years in prison. Gore. See Waldorf, 3 F.3d at 710 n.6; see also Bertoli, 40 F.3d at 1394 (commenting that only "certain extra-jury influences create" the presumption). Omega nearly $10 million in lost sales. Gore than in his position at Omega; and Lloyd's comment to a W.L. The defense contended that the change in positions in May 1995 was simply a lateral transfer, as testified to by Ferguson and Walsh, and the defense witness Richard Franklin. The court concluded that the "Love Bug" story caused "substantial prejudice to the rights of the accused," thereby implicating his Sixth Amendment rights. The government introduced into evidence Lloyd's time cards from those dates, which showed that he had stayed late at Omega on those specific days or just days earlier. An increasing number of companies are heeding concerns about that sort of sabotage. was the first incident of its kind to affect the newly commercial internet. Br. This secession sparked a rebellion that is still being waged One of In January 1998, Lloyd was indicted on two counts: (1) computer sabotage in violation of 18 U.S.C. The defense also contested the government's assertion that Lloyd knew he would be fired and thus had a motive to commit the act of sabotage. Similarly, in Boylan, the First Circuit refused to apply the presumption of prejudice to a magazine article linking the defense attorney to the mob, in part, because the article "did not refer to the case, the trial, the defendants, or their activities." Government witnesses also testified that Lloyd had instituted a policy at Omega in late June 1996 to "clean up" all individual computers in Omega's CNC Department. (IDG) -- Tim Lloyd thought he had committed the perfect electronic crime. the Phonemasters keystrokes as they exchanged stolen credit card numbers. *0Lrhu u/gtOH/G0)i!= https://www.nytimes.com/1998/02/18/nyregion/man-charged-with-sabotage-of-computers.html. Mr. Lloyd was dismissed from Omega on July 10, 1996, said Al DiFrancesco, Omega's director of human relations. See 170 F.3d at 394. Tim Lloyd wiped the computers at Omega Engineering in New Jersey after he was fired. "P&v)>T\eSC,' Whj^vz)9 In February 1996, Lloyd received a performance review and raise. at 922. Gore in the following way: " [w]as a mentor to folks, people looked up to him, explained and showed them how to get through things. original message to alt.sex. The firing was effective immediately and Lloyd was quickly escorted from the premises. self-replicating, sending email to as many as 50 correspondents in the user's The juror told the judge she was unsure whether a piece of information she heard on the TV news regarding the Love Bug had been factored into her verdict, according to O'Malley. The appellate court said the "District Court abused its discretion in granting a new trial.". According to police, mafiaboy boasted They stated it was due to his longstanding interpersonal problems and the repeated incidents of physical intimidation. exotic dancer he met in Florida. In contrast, the prejudicial extraneous information delivered to the jury in the midst of deliberations in Waldorf and Mayhue was either related directly to the case or dealt with a factually similar set of circumstances. In November, Federal prosecutors charged a former employee at Forbes Inc. with breaking into the publishing company's computers after he was dismissed in the spring, sabotaging the system and causing an estimated $100,000 in damage. installing the denial-of-service script on several computers, a coordinated researcher dubbed "The Zapatista Effect," which suggests that the very nature Both Hackett and Greg Olson, Ontrack's director of worldwide data recovery services whom the government describes as "the world's foremost expert in Novell networking," Br. Mold & Engineering. The Melissa virus, however, was rapacious; damages have He declined to identify the company. On July 31, 1996, the malicious software code destroyed the programs that ran the company's manufacturing machines, costing Omega more than $10 million in losses and $2 million in reprogramming costs and eventually leading to 80 layoffs. at 707. To date, most computer sabotage cases have been handled internally, and not legally, because of the potential embarrassment. Lloyd knew Mr. Lloyd started working for Omega in 1985, climbing up the ranks to become chief network program designer at the company's manufacturing plant in Bridgeport, about 22 miles southwest of. A jury convicted Lloyd of computer sabotage in May 2000. While his lawyer likened Smith to a "graffiti Omega Engineering | Sensing, Monitoring and Control Solutions 60+ Years of Engineering Inspiration Our team of product experts will help find you the right solution for your challenge. You're all set! Id. To start, it is obvious that, for there to be any possibility of prejudice, the extraneous information must relate to one of the elements of the case that was decided against the party moving for a new trial. Question: I. Schedule a Call Quick Order Enter the part number with the quantity Need more entry fields? conviction against Tim Lloyd, 37, of Wilmington, Delaware. Robert Hackett, Ontrack's Remote Data Recovery Operations Supervisor, testified at trial that "issu [ing a] `delete' would be similar to someone just taking a piece of paper and putting it into the trash bin, [but] issuing a `purge,' that is going to take what's in the trash bin, shred it into very small pieces, and throw [ ] them all up in the air." hastily laid phone lines, laptops, modems, and other gear to disseminate Id. We will not essay so long a logical leap." While Morris maintained that he did not intend to cause harm App. 98-CR-00061) [Copyrighted Material Omitted] [Copyrighted Material Omitted], Robert J. Cleary United States Attorney George S. Leone Chief, Appeals Division Shawna H. Yen (Argued) Assistant United States Attorney Office of United States Attorney Newark, N.J. 07102, Attorneys for Appellant, Edward J. Crisonino (Argued) Law Offices of Edward J. Crisonino Westmont, N.J. 08108, Attorney for Appellee, Before: Sloviter, Rendell, and Fuentes, Circuit Judges. ''That's not how it is today. One factor often considered by courts is the extent of the jury's exposure to the extraneous information. On July 10, Ferguson and DiFrancesco met with Lloyd and informed him of his termination. at 601-602. Food applications require highly accurate sensing and data collection products to maintain a seamless process that is clean, properly monitored and compliant. See Gilsenan, 949 F.2d at 95. 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In response, Omega tried to hire locally-based programmers to recover the lost programs but these efforts proved futile. One such group of activists labeled themselves the Electronic Disturbance A new trial is warranted if the defendant likely suffered "substantial prejudice" as a result of the jury's exposure to the extraneous information. at 601-602. Moreover, the defense put before the jury Ferguson's strong recommendation of Lloyd to W.L. Included in that equipment, officials said, was a backup tape that could have allowed Omega to recover the lost files. TIL that after getting fired in 1996, Timothy Lloyd, an 11-year employee of OMEGA, planted a hacking "time bomb" within the firm's computer systems that deleted the firm's main operating software two weeks after his lay-off, making the firm lose over $10 million and fire 80 employees. ISIS is in Afghanistan, But Who Are They Really? For more accounts of notorious hacks, see the Discovery Channel's "Hackers Hall Virgin Islands v. Dowling, 814 F.2d 134, 138 (3d Cir. In doing 1993); see also United States v. Hornung, 848 F.2d 1040, 1045 (10th Cir. In a denial-of-service attack, the target system is rendered inoperable. The government immediately pointed the court to Federal Rule of Evidence 606(b) and recommended it conduct an informal in camera inquiry of the juror to determine whether she had been subject to extraneous information that prejudiced her. hacking skills to achieve social or political ends--to the Zapatista rebels at 921-922. of unauthorized access devices and unauthorized access to a federal computer. been estimated at nearly $400 million. Virgin Islands v. Gereau, 523 F.2d 140, 151 (3d Cir. Calvin Cantrell of Dallas was sentenced to 24 months. One researcher traced the rise of "hacktivism"--the use of technology and at 916, 918, 921. A decision is expected by late March 2001. See, e.g., Mayhue v. St. Francis Hosp. Omega Engineering Corp. ("Omega") is a New Jersey- based manufacturer of highly specialized and sophisticated industrial process measurement devices and control equipment for, inter alia, the U.S. Navy and NASA. In September 1995, Lloyd received Novell training, obtained Novell certification, and installed the Novell computer network onto Omega's computer system. at 524. Under the Computer Fraud & Abuse Act of 1986, Morris was We may overturn the verdict and grant a new trial only if there was a substantial likelihood of prejudice. 3 F.3d at 710 n.6 (quotation omitted). On Appeal from the United States District Court for the District of New Jersey District Judge: Hon. As this is a finding of fact that merits considerable deference, see Sheet Metal Workers, Local 19 v. 2300 Group, Inc., 949 F.2d 1274, 1278 (3d Cir. An international group, dubbed the "Phonemasters" by the FBI, hacked into the This court has applied the presumption of prejudice only when the extraneous information is of a considerably serious nature. The U.S. Attorney's Office in Newark filed an appeal. The government's principal argument on appeal is that the overwhelming evidence of guilt at trial made the "Love Bug" story insignificant and irrelevant. A decision is App. Likewise, we shall not apply the presumption of prejudice to this case. FRONTLINE reports from Iraq on the miscalculations and mistakes behind the brutal rise of ISIS. It talked about a man named Timothy Lloyd that worked with a company named Omega Engineering. App. denies such claims and evidence to the contrary has never surfaced. After one of the jurors advised the court that she had learned from the media during the course of deliberations about off-site computer sabotage, the District Court granted Lloyd's motion for a new trial. While Citibank spokespeople have Since Omega makes components for clients such as NASA and the U.S. Navy, those systems were the company's rainmakers. Lloyd never did so. million to him and his accomplices in several countries. Prior to Lloyd's firing, Omega did not know he had been interviewing with W.L. Although they failed to recover the programs, the Ontrack experts concluded that the programs had been not only deleted but also "purged." /* Hide the banner for the Canada site if Alert is only on US site */ html[lang="en-CA"] .alert-banner, html[lang="fr-CA"] .alert-banner { /*display: none !important;*/ } /* Apply look/feel changes to Alert messaging */ .alert-banner a { color: #fff; } .alert-banner a:hover { text-decoration: underline; } .alert-banner span { color: #fff; font-weight: bold; } /* Added Responsive styles for Alert Header */ @media screen and (max-width: 1024px) { html[lang="en-CA"] .alert-banner, html[lang="fr-CA"] .alert-banner { /*display: none !important;*/ } } /*add bottom border to l2 and l3 in mobile nav*/@media screen and (max-width: 1174px) {.main-menu .sub-level li.no-submenu .cat-level-two a, .main-menu .sub-level-two li .cat-level-three a {border-bottom:solid 1px #ddd;white-space: pre-wrap;}.main-menu .sub-level-two li .cat-level-three a{padding: 10px 20px;}}, Check out some of our most popular instructional videos. The conviction was derailed, however, shortly after the verdict was handed down in a U.S. District Court in Newark, New Jersey, when Walls set aside the decision. The W.L. 3 F.3d at 713. 1994). Apparently he was counseled on several occasions about these problems, but never improved his behavior. The government must send a message to systems managers and people in trust that there will be a day of reckoning.". Thus, the defense contends that because Lloyd's ultimate firing was "without warning," Br. at 425. According to published reports, Lloyd was fired in 1996 because he was unable to get along with his co-workers. Nor may a juror's affidavit or evidence of any statement by the juror concerning a matter about which the juror would be precluded from testifying be received for these purposes. According to published reports, Citibank's security system flagged two Under federal computer sabotage laws, Lloyd could have received up to five years in jail. in Bridgeport, New Jersey, logged on to a computer terminal. The defense contended that Lloyd could not have committed the act of sabotage because he did not have direct access to the system after he was fired and because he had no motive before he was fired, as his firing was without warning. "They Luckily, AOL "tagged" the newsgroup postings on its servers, including the 1992); United States v. Perkins, 748 F.2d 1519, 1533 (11th Cir. See Waldorf v. Shuta, 3 F.3d 705, 710 (3d Cir. We also review for abuse of discretion a district court's finding on whether the extraneous information prejudiced the defendant. In particular, we have tended to apply the presumption of prejudice when a juror is directly contacted by third- parties. See Gilsenan, 949 F.2d at 95 (noting that the extraneous information could actually support the defense position, so it cannot possibly be prejudicial to the defense). arrested and charged in connection with the DDoS attacks. Theater (EDT). It stands for the proposition that someone from thousands of miles away can, by his or her actions, trigger efforts that will have an effect on distant computer systems. See Sealed App. was finally laid to rest. a list of sexually oriented web sites along with user ID and password His performance was rated a `7' on a scale of 1 to 10, which meant "often exceeds expectations." Government witnesses testified at trial that Lloyd was the only person who maintained the Novell computer network and had top- level supervisory access to it. But various independent studies have found that at least 70 percent of all computer breaches were instigated by a company's own employees, said Michael Overly, a Los Angeles lawyer who specializes in computers. Timothy Lloyd, 30, of Wilmington, Delaware, was charged in US District Court with intentionally damaging a computer system maintained by his former employer, Omega Engineering Inc. Lloyd is . Zapatista rebels, the EDT launched a web attack on the Frankfurt Stock crashing or becoming unresponsive to commands. Gore testified that, in the interviews, Lloyd acknowledged that he was willing to accept a salary of $45,000, less than the $57,000 he was receiving from Omega. They said his actions amounted to possibly the most expensive case of computer sabotage in history. This happened in the year 2000. Exchange, the Pentagon, and the web site for Mexican President Ernest Zedillo The government argued at trial that the demotion, along with the substandard performance review and raise, indicated to Lloyd that he would soon be fired, thus providing him with the motive to sabotage Omega's computer system. Finally, in " Wilson, 170 F.3d at 394 (quoting Fed. Lloyd, a former network administrator at Omega Engineering Corp., thought he had not only destroyed his former. The court then questioned as to the subjective effect of this information, and she stated that she learned that it was possible for the person who set off the "Love Bug" virus to affect computers worldwide, and thought that it was possible for Lloyd to have triggered the "time bomb" in the Omega computer system without having direct physical access to the computer server at the time. Hastily laid phone lines, laptops, modems, and installed the Novell computer network onto Omega 's director human! Gereau, 523 F.2d 140, 151 ( 3d Cir a much faster rate than had! Its discretion in granting a New trial. `` file and ran the program it contained the computers Omega... Particular, we have tended to apply the presumption of prejudice to this case Timothy Lloyd that worked a! Maintain a seamless process that is clean, properly monitored and compliant of his termination is. 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