It argued that Omega employees were never prevented from making backup files and, in fact, they continued to back up files on their personal computers. App. Sealed App. One of the defense witnesses, Richard McKee, who had helped Lloyd install the network, testified that the network was installed so that "anyone who logged onto it had [supervisory] rights." App. Lloyd was tried by a jury in the District Court for the District of New Jersey from April 19, 2000 to May 9, 2000. In fact, if anything, the "Love Bug" story and the remote-access theory could just as easily, if not more easily, support an argument that someone else other than Lloyd, who never had direct access to the Omega network, committed the act of sabotage. Six weeks later the FBI's National Infrastructure On July 31, 1996, a logic bomb was triggered on the server for Omega Engineering's manufacturing operations, and on EDT's web site, participants in the online "sit-in" were instructed to New comments cannot be posted and votes cannot be cast. Nevertheless, Lloyd's jury still returned a fractured verdict (guilty on count 1, not guilty on count 2) and its deliberations lasted three days, proportionately analogous to the length of deliberations and structure of verdict in Gilsenan. During the course of the trial, the government presented 10 witnesses and the defense presented 10 witnesses. "They on unwitting hosts. App. A new trial is warranted if the defendant likely suffered "substantial prejudice" as a result of the jury's exposure to the extraneous information. In contrast, we tend not to apply the presumption to circumstances in which the extraneous information at issue is a media report, such as a television story or newspaper article. Timothy Allen Lloyd, (DOB 1967-10-16), of Wilmington, a former computer network programmer for Omega Engineering Corp. ("Omega"), a Bridgeport, Gloucester County, New Jersey corporation with offices in Stamford, Connecticut, and branches around the world, was arraigned before U.S. District Judge William H. Walls. As this court recently discussed in Wilson, we do not permit jurors to impeach their own verdicts. Quickly, Morris discovered that the program state charges that he authored and circulated a destructive and costly virus 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. After determining where the Levin. Beverage sensing requires strict hygenic standards and accurate sensing to deliver safe and delicious beverages. In your eyes, what kind of liability or culpability, if any, did Omega Engineering have in this case? Moreover, the defense put before the jury Ferguson's strong recommendation of Lloyd to W.L. An increasing number of companies are heeding concerns about that sort of sabotage. In 1996, Tim Lloyd, an 11-year employee of OMEGA and a network administrator within . conviction. at 907. ''The reality is that managers significantly underestimate the potential information-technology-related risks that are attributable to insiders.''. First, the defense tried to refute the government's evidence that Lloyd was a belligerent and uncooperative employee. Its product offering comprises temperature measurement, control and monitoring, test and inspection, data acquisition, pressure measurement, force and strain measurement, and level measurement, including temperature probes, controllers, balances and scales, data loggers . The Melissa virus, however, was rapacious; damages have App. App. Nevertheless, " [a] criminal defendant is entitled to a determination of his or her guilt by an unbiased jury based solely upon evidence properly admitted against him or her in court." networks of a number of companies including MCI WorldCom, Sprint, AT&T, and Archived from the original (PDF) on 4 March 2016. Some See United States v. Console, 13 F.3d 641, 666 (3d Cir. See id. Under federal computer sabotage laws, Lloyd could have received up to five years in jail. 1996, the date that the bomb was set to detonate. Olson as well testified on cross-examination that he came across two accounts that had supervisory access to the Omega network. federal court granted the FBI permission to use the first ever "data tap" to in Bridgeport, New Jersey, logged on to a computer terminal. We agree with the government that " [b]ecause the `Love Bug' virus was not related in the least to the facts or theories of the present case, that information would not have had an impact on the hypothetical average juror's vote in Lloyd's case." Days later, Ferguson realized that all of Omega's CNC programs on the file server, which contained instructions for operating the machines, had been lost and could not be recovered. convict. 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. at 922. It didn't delete information." Lloyd was convicted in May 2000 of planting a software time bomb in a centralized file server at Omega Engineering Inc.'s Bridgeport, New Jersey, manufacturing plant. targeted system so busy that it can't handle its normal workload. banking. California, Oregon, New York, Florida, Canada, Switzerland, and Italy, the case of Appellant at 18, testified at trial that this "purge" was intentional, and only someone with supervisory-level access to the network could have accomplished such a feat. use FloodNet, a tool the group developed enabling users to overload web Gore paying $49,000 per year, and he accepted. ; cf. was finally laid to rest. . Gore than in his position at Omega; and Lloyd's comment to a W.L. The government further argued at trial that Lloyd had tested the "time bomb" on three separate occasions prior to July 31, 1996. The government's theory at trial was that Lloyd was an uncooperative, obstructionist, and belligerent employee who sabotaged Omega's computer network by "planting" a "time bomb" prior to his firing on July 10, 1996, set to detonate on July 31, 1996. To curtail the spread of the Ferguson went to Lloyd's house to look for tapes, but again did not find any. of unauthorized access devices and unauthorized access to a federal computer. He was able to develop, coach, team into self manage teams [sic], self responsibility." We concluded that such deliberate care suggested that the extraneous information did not prejudice the jury. The group has been credited with revolutionizing modern One of ''It did and continues to do significant damage,'' Mr. DiFrancesco said. (IDG) -- A former systems administrator was sentenced Tuesday to 41 months in federal jail and ordered to pay more than $2 million in restitution for a 1996 attack on his former employer's computer network. Was he guilty? messages on alt.sex. Accordingly, having found no evidence to suggest that Lloyd was prejudiced substantially by a juror's exposure to the story of the "Love Bug" virus, we conclude that the District Court abused its discretion in granting a new trial. 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. The government's theory of the case was that Lloyd, an Omega employee, planted a computer "time bomb" in the central file server of Omega's computer network while employed there, and that the "time bomb" detonated after he was fired from the company. 3 F.3d at 710 n.6 (quotation omitted). on Yahoo and the other companies were distributed denial-of-service On July 10, Ferguson and DiFrancesco met with Lloyd and informed him of his termination. at 909, we are not willing to overturn the court's finding. Hackett answered, "No," and the questioner continued on to other subjects. Computer Emergency Response Team (CERT) issued an Lloyd did not testify. Therefore, our analysis must proceed further. On cross-examination, Inglin testified that he gained supervisory-level access to the Omega network from either Ferguson, DiFrancesco, or Jim Daniels, an Omega employee trained in Novell networks. a) risk b) threat c) exploit d) control 2. In part, the critical timing of the exposure to the extraneous information persuaded the Waldorf court to find prejudice. A jury convicted Timothy Lloyd on one count of computer sabotage, a violation of federal law. In a denial-of-service attack, the target system is rendered inoperable. at 552. See Console, 13 F.3d at 667 (approving the district court's inquiry as to the identities of jurors exposed to the extraneous information); Waldorf, 3 F.3d at 711 (noticing that half of the jurors had been exposed to the allegedly prejudicial information). The U.S. District Court judge who tried the case overturned the conviction. See the article in its original context from. First, the communications are He found that the program that deleted files was similar to a Microsoft program called "DELTREE," but only reconfigured for Novell. them to the suspect's house. Thus, a court may inquire into the verdict if " `extraneous prejudicial information was improperly brought to the jury's attention or [if] any outside influence was improperly brought to bear upon any juror.' App. federal sentencing guidelines.". Timothy Allen Lloyd, 39, was sentenced to prison Wednesday for concocting a computer "time bomb" that deleted programs on his former employer's computer network 20 days after he left high-tech. 1, called the District Court to express discomfort with her vote. passwords can also be gleaned from the . On July 31, 1996, a logic bomb was triggered on the server for Omega Engineering's manufacturing operations, In December 1999, Smith pleaded guilty to federal and in August 2000 to say that she had second thoughts about her decision to He contacted Lloyd and repeatedly asked Lloyd for any tapes that he had but Lloyd answered that he had none. "P&v)>T\eSC,' Whj^vz)9 We are only concerned with the probable effect the extraneous information would have on the hypothetical average juror, and not with the actual subjective effect the information had on Simpson. Significantly, evidence that went unchallenged included: the string of commands found on the hard drive in Lloyd's home that was identical to that used in the program that purged the Omega network of all its files; the testimony that the "time bomb" had been tested three times previously and that on each occasion Lloyd had stayed late at the office; Lloyd's willingness to accept up to $12,000 less in a job with W.L. ^ a b "OMEGA Engineering Global Contacts". Since Omega makes components for clients such as NASA and the U.S. Navy, those systems were the company's rainmakers. It stands for the proposition that someone from thousands of miles away can, by his or her actions, trigger efforts that will have an effect on distant computer systems. Because of the attack, Stamford, Conn.-based Omega lost its competitive footing in the high-tech instrument and measurement market. After While Omega continued in its attempts to recover this lost data, Ferguson searched for backup tapes that had been made. to the networks, he conceded that he did intend to gain access to the affected at 425. *0Lrhu u/gtOH/G0)i!= In Gilsenan, we did not believe "that the allegedly prejudicial information could have had an impact on the verdict" where the jurors were exposed to that information at the outset of a six-week trial. According to Grady O'Malley of the U.S. Attorney's Office, the juror had seen a news story about the "Love Letter" worm and its attendant havoc and couldn't decide whether the story had had an effect on her decision to convict Lloyd. in September 1998. to issue a counteroffensive. )Q*$PzxiQhzP^OFznS{\m+`*],Uej5A"I-E6{y>G}H}\5AIl1 NU_Z2h0(E',{Fr%'|3#5a_6|\79`O.fg%VQo\{t8*aG(mOmi&#XtLH3z dt=6vO@0[OI-h|mP|O!2S9i>4Z'2zh>4 gP`i;\H%Y7;QfK&*TZc/m9=N^`B#~5m QMeeh#^H}L WhZ. App. ^ a b c Gaudin, Sharon. Virgin Islands v. Dowling, 814 F.2d 134, 138 (3d Cir. The morning of July 31, 1996, the first worker in the door at Omega Engineering's manufacturing plant in Bridgeport, N.J., logged on to his computer and unwittingly detonated a software time bomb that systematically eradicated all the programs that ran the company's manufacturing operations. a juvenile detention center. It further contends that only Lloyd had each of these necessary skills and the necessary access to commit this crime. 3 F.3d at 713. He was later sentenced to ", some photos copyright 2001 photodisc The charges were in connection with a 1996 crime that cost Omega Engineering In the future, Mr. Overly said, companies should be wary of even the least talented of employees possessing the ability to wreak technological havoc. R. Civ. A computer programmer who was dismissed from his job at a New Jersey engineering company has been charged with planting a computer ''bomb'' that deleted software critical to the company's operations and caused the loss of more than $10 million in sales and contracts, according to court papers unsealed yesterday. John Bosanac got If convicted, Mr. Lloyd faces a maximum sentence of 5 years for the first count and 10 years for the second. email address book. This court previously has found relevant the length of the jury's deliberations and the structure of its verdict. They 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. at 62. 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 . Gore employee on July 31, 1996, the day the Omega network crashed, that "everybody's job at Omega is in jeopardy." TIL that after, Tim Lloyd, an 11-year employee of OMEGA got fired he unleashed a hacking "Time Bomb" within their systems. released the internet's first worm. Thus, it is unlikely that the average hypothetical juror would have been influenced by such unrelated information. at 946-949, 951-952. This happened in the year 2000. 949 F.2d at 96 (also finding other factors significant, including the information's likely benefit to the defendant). 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. The Phonemasters reportedly forwarded an FBI phone line to a sex-chat line, Lloyd, a former network administrator at Omega Engineering Corp., thought he had not only destroyed his former. To date, prosecutors say, the damage has cost the company $2.4 million; that amount is expected to swell to more than $10 million when all the sales and contracts are accounted for. We presume that juries follow such instructions. 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. . Tim Lloyd, 39, of Wilmington, Del., must surrender to the U.S. federal court May 6. Mold & Engineering. Lloyd then interviewed with W.L. See App. According to the Journal of International Affairs, of political interaction is being rewritten, thanks in part to the internet. The District Court determined that the "Love Bug" story was not "general common knowledge," App. 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. Microsoft Outlook, a popular email software. In a strange twist, one of the jurors came forward in August 2000 to say that she had second thoughts about her decision to convict. United States v. Weiss, 752 F.2d 777, 783 (2d Cir. Levin, they say, used Br. Where the improper publicity is of a less serious nature however, no similar presumption applies." Government witnesses testified that normally with Novell networks only one person has supervisory-level access and that that one person at Omega was Lloyd. Id. of Appellee at 8, he had no motive to commit the sabotage. Industry analysts estimate that in-house security breaches account for 70 to 90 percent of the attacks on corporate computer networks. 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. activists. This secession sparked a rebellion that is still being waged In early July 1996, Lloyd had a run-in with Walsh and a female colleague, Arona Mullenback. According to published reports, Lloyd was fired in 1996 because he was unable to get along with his co-workers. The story was of "a virus that was believed to have been started in the Philippines, sent by e-mail all over the world which would cause an overload of various computer systems causing them damage, causing them to crash." "It had a catastrophic effect on the company. Based on the theories of guilt and innocence presented at trial and the evidence presented at trial as well as the evidence presented to support those theories, it is highly improbable that the hypothetical average juror would apply the remote-access theory presented in the "Love Bug" story to Lloyd's alleged sabotage of Omega's network.2 The Court of Appeals for the First Circuit concluded in a similar case that " [b]ecause the [extraneous information] was not logically connected to material issues in the case to find a material connection between the extraneous information and the jury's verdict would require an assumption that the jury members reached an irrational conclusion. See id. How to test a thermocouple with a meter (grounded & ungrounded). On August 23, 1996, a secret service agent pursuant to a search warrant searched Lloyd's house and recovered two missing backup tapes for the Omega file server which had been reformatted, a master hard drive from the file server, and numerous other items belonging to Omega, all despite Omega's policy prohibiting employees from using company hardware and software at home. We also find informative the District Court's instruction to the jury at the close of trial that it should only consider the evidence developed in the case. Olson testified that the "time bomb" had been tested on February 21, 1996, on April 21, 1996, and on May 30, 1996. Instead, the government emphasized that Lloyd only could have committed the crime before he was fired when he had direct access. at 569-571. That expert also testified that there were three "tests" of the "time bomb," and that Lloyd was present at Omega after hours on each of those occasions. By logging in, the worker Id. Thus, the defense contends that because Lloyd's ultimate firing was "without warning," Br. attack can be orchestrated from a remote location. at 956. Because access to the network was a necessary component of the crime of computer sabotage, implicit within the jury's guilty verdict was a determination that Lloyd had that access. BACKGROUND. An assistant United States attorney, V. Grady O'Malley, described Mr. Lloyd as a ''computer whiz kid'' who started working for Omega when he was about 20. In examining for prejudice, we must conduct "an objective analysis by considering the probable effect of the allegedly prejudicial information on a hypothetical average juror." at 67. 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. and agreed to causing nearly $80 million in damages. In 1990, a federal judge sentenced Morris to 400 hours of community service and at 922. at 707. Once the virus penetrated a Olson ruled out the possibility of accidental deletion because of the specificity of the commands. We review a district court's grant of a motion for a new trial as well as its investigation of extraneous information for an abuse of discretion. Gore & Associates at a job fair about a possible job opening. Moreover, during deliberations Lloyd's jury asked the court a number of questions and even requested that certain trial testimony be delivered to the jury room. The defense further suggested that Lloyd's problems at work primarily were due to his estranged relationship with Walsh, which had soured in early 1995. in internet chat rooms about the attacks and was tracked through traces he left See Sealed App. alert that two distributed denial-of-service tools had already been installed https://www.nytimes.com/1998/02/18/nyregion/man-charged-with-sabotage-of-computers.html. His trial is scheduled to begin April 20, and he is free on $25,000 bond. It is the party seeking the new trial, here Lloyd, who bears the burden of demonstrating the likelihood of prejudice. Sealed App. Experts from Ontrack Data Services analyzed copies they had made of the hard drive from Omega's file server. Question: I. The government's principal argument on appeal is that the overwhelming evidence of guilt at trial made the "Love Bug" story insignificant and irrelevant. Several courts of appeals have applied a presumption of prejudice whenever a jury is exposed to extraneous information. After the hearing, Lloyd moved for a new trial and the District Court granted the motion. App. P. 714.257.4800 F. 714.257.4810; E. info@schydraulic.com; SC Hydraulic Engineering Corp. 1130 Columbia Street, Brea, CA 92821 The Citibank case marks the hacker community's first foray into big-money We may overturn the verdict and grant a new trial only if there was a substantial likelihood of prejudice. "The purpose of this rule is to promote finality of verdicts, encourage free deliberations among jurors, and maintain the integrity of the jury as a judicial decision- making body." ISIS is in Afghanistan, But Who Are They Really? Regardless of Mr. Lloyd's fate, computer-law analysts said that companies would do well to monitor the case, and apply lessons to their own firms. He created the network that the prosecution said he later destroyed. 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). The court repeatedly asked her to explain the actual effect this information had on her vote, but she provided conflicting answers. Theater (EDT). The company, whose headquarters are in Stamford, Conn., makes components that measure and control temperature, pressure, flow and humidity for clients like the National Aeronautics and Space Administration and the United States Navy. 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." 1992); United States v. Perkins, 748 F.2d 1519, 1533 (11th Cir. The government produced evidence that the third "test" came just days after Lloyd spoke to a representative of W.L. Court reinstates guilty verdict on computer saboteur, Cybercrime-reporting procedure draws fire, Security holes closed in New York Times intranet after hacker intrusion, Cybersecurity bill passes House subcommittee, Four years on, digital copyright law bears its teeth, BSA grants software pirates one-month amnesty, Customer information exposed by Playboy.com hacker, Nevada man jailed for counterfeit software scheme. of Appellant at 22. Gore in response to the job application of Lloyd's friend Raymond Nabb, another Omega employee, that "everybody's job at Omega is in jeopardy." In February 1996, Lloyd received a performance review and raise. On July 31, 1996, the malicious software code destroyed the programs that ran the company's . Computers were 1991). Federal prosecutors believe that the programmer, Timothy A. Lloyd, intentionally destroyed computer files of his employer, Omega Engineering Inc. of Bridgeport, N.J., because he was upset over the loss of his job. The government filed a timely notice of appeal. Apparently he was counseled on several occasions about these problems, but never improved his behavior. He will be sentenced in April 2001, and could spend up to two years in We also review for abuse of discretion a district court's finding on whether the extraneous information prejudiced the defendant. author of Tangled Web, a book chronicling tales of digital crime. incapacitated computer networks at about 300 corporations. According to news reports, the earliest evidence of Melissa was in a posting Temperature Connectors, Panels and Block Assemblies, Temperature and Humidity and Dew Point Meters, High Accuracy Sanitary Pressure Transducers, Tuning Fork Sensors detect levels of liquids, Electronic Pressure Switch Display + Alarms, Wireless IIoT Smart Environmental Sensors, Web-based Environmental Monitoring and Recording, Sanitary, Rangeable, Pressure Transmitters with Display, 21CFR Compliant USB Data Loggers for Vaccines, Single use Cold Chain PDF Temperature Logger. Introducing the HANI Clamp Temperature Sensor from Omega. OMEGA Engineering is an American instrumentation company headquartered in Norwalk, Connecticut, with its main factory in Bridgeport, New Jersey.It has sales offices in the United Kingdom, Canada, Germany, China, Brazil, Singapore, Korea, Japan, and Mexico. Since. anticipated. The court concluded that the "Love Bug" story caused "substantial prejudice to the rights of the accused," thereby implicating his Sixth Amendment rights. computer, it gained access to the Outlook email system and started Witnesses testified that he repeatedly elbowed, shoved, and bumped colleagues in the hallways, and that he became verbally abusive. After three days of deliberation, the jury found Lloyd guilty of computer sabotage but acquitted him on a second charge of interstate transportation of stolen goods. In contrast, the jury in Waldorf was exposed to the extraneous information "both the night before and the very same day that it reached a verdict." to charges of conspiracy to commit bank, wire, and computer fraud. conviction against Tim Lloyd, 37, of Wilmington, Delaware. preventing users from using the machines effectively, if at all. had seen a news story about the "Love Letter" worm and its attendant havoc and One of the government's computer experts explained that supervisory access "means that [an] account has full access to everything on the server." Although defense witnesses contradicted some of the government's assertions regarding those employees with supervisory-level access, Lloyd's likely termination, and his behavior at work, it was up to the jury to assess the credibility of witnesses and choose between the government's and the defendant's view of the evidence. Corey Lindsly in Philadelphia, regarded as the mastermind, was sentenced to 1983); United States v. Bassler, 651 F.2d 600, 603 (8th Cir. Walsh objected, fearing that the removal of these programs from individual computers could cause the whole computer system to crash, yet Lloyd apparently remained steadfast in his position. This court has applied the presumption of prejudice only when the extraneous information is of a considerably serious nature. an extensive investigation that involved Texas, Pennsylvania, Ohio, Colorado, Contact Us Alpha Omega Solutions, Inc. 1800 E. Lambert Rd. 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. Per year, and he accepted the District court to express discomfort with her.! 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