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. Introducing the HANI Clamp Temperature Sensor from Omega. P. 714.257.4800 F. 714.257.4810; E. info@schydraulic.com; SC Hydraulic Engineering Corp. 1130 Columbia Street, Brea, CA 92821 App. Nevertheless, she admitted to asking "some jurors" if they had heard the story over the weekend, and they said they did, but the jurors "didn't discuss it, we mentioned it." information about their uprising to the public. 2000). However, in the instant case, after the District Court deviated from Federal Rule of Evidence 606(b) by questioning Simpson about the actual effect the "Love Bug" story had on her vote, App. ISIS is in Afghanistan, But Who Are They Really? App. had Madonna's home phone number, they could hack into the FBI's national crime of his computer activity. An employee in the human resources department at W.L. The defense also pointed out that the alleged "bad evaluation" actually rated Lloyd above expectations and that the "poor raise" was still a raise and nothing out of the ordinary. Craig Chamberlain Security Do-er. United States v. Thornton, 1 F.3d 149, 156 (3d Cir. The attacks *0Lrhu u/gtOH/G0)i!= The government appeals. In 1994, Russian hacker Vladimir Levin engineered a heist from The Most Risky Job Ever. Reporting on ISIS in Afghanistan. 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. Finally, in The jury in Gilsenan dealt with two defendants, a 41-count indictment, and a six-week trial. Gore & Associates as evidence of his expectation of an upcoming departure from Omega. federal sentencing guidelines.". The intention was to delete all unnecessary information from the individual computers. 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. 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. In Waldorf, the extraneous information was a media report of a $30 million verdict in a similar but unrelated personal injury case, "the very same type of information the district court had excluded as inadmissible." Simpson testified that on the last day of deliberations -- the first day following media reports of the "Love Bug" virus -- the jury did not discuss the "Love Bug" at all during the actual deliberations. App. Olson further testified that he had reason to believe July 30, 1996 was the trigger date that set off the actual deletion of files. Some of Fame" and You already receive all suggested Justia Opinion Summary Newsletters. 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. at 571-572. He declined to identify the company. 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. in the region today. 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 Philadelphia. combinations, downloaded the file and ran the program it contained. He also received a 4% raise, which was lower than his 7.2% raise in 1993, 4.6% raise in 1994, and 4.92% raise in 1995. Add to Cart Featured Categories HANI In the next few days, Buy.com, eBay, CNN, On July 31, 1996, all its design and production computer programs were permanently deleted. million to him and his accomplices in several countries. the communications go worldwide to a network of peasants, church groups, and servers. The defense also contested the government's evidence regarding Lloyd's alleged "clean up" policy. Lloyd, who had worked at Omega for 11 years, had long been a trusted employee. 8:30 a.m. - 5:30 p.m. Friday (alternating weeks) 8:00 a.m. - 5:00 p.m. To maximize customer convenience, it is highly recommended that an appointment time be scheduled. App. had committed the largest ever act of worker-related computer sabotage, causing It didn't delete information." Prosecutors alleged at 62. exotic dancer he met in Florida. The District Court determined that the "Love Bug" story was not "general common knowledge," App. He also testified that he examined the hard drive recovered from Lloyd's home and found the exact same strings of commands that comprised "FUSE.EXE." One researcher traced the rise of "hacktivism"--the use of technology and It further contends that only Lloyd had each of these necessary skills and the necessary access to commit this crime. Since leaving Omega, Mr. Kaigh said, his client has taken a similar job at a company near his home. information to determine the actual telephone that made the call, which led Ultimately, the jury convicted Lloyd on the count of computer sabotage but acquitted him on the count of transportation of stolen goods. Olson characterized a string of commands entitled "FUSE.EXE" as a "time bomb" because anyone who attempted to log on to the server on any date after July 30, 1996 would detonate the program and cause a massive deletion of data. 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. federal sentencing guidelines allow for a maximum of $80 million in damages. See id. ; see also Console, 13 F.3d at 669 (finding noteworthy the fact that the jury returned two partial verdicts before convicting the defendant on the count seeking reversal). Several courts of appeals have applied a presumption of prejudice whenever a jury is exposed to extraneous information. App. Mr. Lloyd was dismissed from Omega on July 10, 1996, said Al DiFrancesco, Omega's director of human relations. It is apparent from the transcript of the District Court's interview with Simpson that the court's questioning went beyond the scope permitted by Rule 606(b). Protection Center (NIPC) issued a similar warning and offered free software According to the policy, all employees were required to save their files to the file server and were prohibited from making their own backups. Id. Exchange, the Pentagon, and the web site for Mexican President Ernest Zedillo That the extraneous information is outside the jurors' generalized knowledge does not necessarily signify that the information is prejudicial. Such questioning clearly is impermissible under Rule 606(b), and when the District Court issued its order granting Lloyd's motion for a new trial it acknowledged that it "probably should not have asked [the juror] that question specifically." Prior to Lloyd's firing, Omega did not know he had been interviewing with W.L. . Government witnesses testified to Lloyd's workplace behavior and even an expert testified that the same program that allegedly caused the "purge" of all the network files was also present on the hard drive of a computer found at Lloyd's home. Similarly, McPoyle acknowledged on cross-examination that at least seven Omega employees had supervisory-level access to the network. United States v. Weiss, 752 F.2d 777, 783 (2d Cir. Three days after the jury returned its verdict, on May 12, 2000, Francis Simpson, Juror No. )Q*$PzxiQhzP^OFznS{\m+`*],Uej5A"I-E6{y>G}H}\5AIl1 NU_Z2h0(E',{Fr%'|3#5a_6|\79`O.fg%VQo\{t8*aG(mOmitLH3z 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. Witnesses testified that he repeatedly elbowed, shoved, and bumped colleagues in the hallways, and that he became verbally abusive. Swanfeld testified that nobody ever told him that he couldn't save his files onto his individual computer. web site copyright 1995-2014 See the article in its original context from. Concerned that Lloyd had too much control over Omega's network and that his termination would leave no one at Omega with access to the network, Ferguson testified that he asked Lloyd to give access to the file server to himself, Al DiFrancesco in Human Resources, and another employee, William Wall. a $10,000 fine. installing the denial-of-service script on several computers, a coordinated On May 16, 2000, the court conducted that hearing and then repeated its questioning of the juror in front of counsel. 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. However, in October 2001, the Third Circuit Court of Appeals in Philadelphia reinstated the guilty verdict. Any old-timers remember this one from back in the day? Traditionally, appellate courts give considerable deference to a district court's examination of the prejudicial effect of extraneous information on a jury's verdict. See Sealed App. We will reverse the grant of a new trial, reinstate the conviction on count one of the indictment for computer sabotage, and direct the court to proceed to sentencing. 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. External sites are not endorsed by CNN Interactive. 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." "They On cross-examination, the defense questioned Ontrack expert Robert Hackett, "Were you ever asked, at the outset of your data recovery attempt, to investigate whether this was done via modem?" Simpson told the trial judge that over the weekend in the midst of deliberations she saw a television report discussing a computer virus called the "Love Bug." Id. Six weeks later the FBI's National Infrastructure In examining for prejudice, this court has never set forth a list of factors to consider, yet it is apparent from our jurisprudence that several factors do stand out as relevant to the analysis. pinpoint the New Jersey internet service provider (ISP) used to post the 3 F.3d at 710 n.6 (quotation omitted). Moreover, the defense put before the jury Ferguson's strong recommendation of Lloyd to W.L. Nine former Omega employees testified that they never had any problems with Lloyd and that Lloyd was always very professional. 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). 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 FBI estimates that the gang accounted for an extensive investigation that involved Texas, Pennsylvania, Ohio, Colorado, the first hit on February 7, 2000. On May 9, 2000, Timothy Lloyd was convicted of writing six lines of code--essentially, a code "bomb"--that obliterated Omega Engineering Corporation's design and production programs. Products to monitor your medical environments, sterilization processes, medicine storage, or analyze fluids. He had worked there for 11 years, eventually assuming a In the Tim Lloyd logic bomb attack on Omega Engineering, what type of vulnerability was the existence of the user, "12345," an example of? to the alt.sex newsgroup from an America Online (AOL) email account. Lloyd. ", some photos copyright 2001 photodisc Id. conviction against Tim Lloyd, 37, of Wilmington, Delaware. at 423. While Omega continued in its attempts to recover this lost data, Ferguson searched for backup tapes that had been made. computer systems. Thomas Inglin, one of the programmers trained in Novell networks, testified that the files had been deleted and "purged," i.e., rendered unusable and unrecoverable. When Levin was extradited to the U.S. in 1997, he was described in the The activists' browsers were flooded with graphics at 956. See Bertoli, 40 F.3d at 1393; Mayhue, 969 F.2d at 922. 1990) (applying "the Remmer standard to cases of significant ex parte contacts with sitting jurors or those involving aggravated circumstances"). See United States v. Console, 13 F.3d 641, 666 (3d Cir. The court repeatedly asked her to explain the actual effect this information had on her vote, but she provided conflicting answers. It was July 31, Lloyd never did so. A(n) is any input (i.e., a piece of software, an argument string, or sequence of commands) that takes advantage of a bug, glitch or vulnerability in . hacking skills to achieve social or political ends--to the Zapatista rebels '', Mr. Kaigh said he was confident that Mr. Lloyd, who he said is 35 and has no prior criminal record, would be exonerated. through valid accounts that weren't protected by encryption, there has been A new trial is warranted if the defendant likely suffered "substantial prejudice" as a result of the jury's exposure to the extraneous information. 949 F.2d at 96. 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. While Citibank spokespeople have The company's corporate headquarters is . According to Grady O'Malley of the U.S. Attorney's Office, the juror For more accounts of notorious hacks, see the Discovery Channel's "Hackers Hall 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." ''That's not how it is today. at 953. couldn't decide whether the story had had an effect on her decision to convict As a subscriber, you have 10 gift articles to give each month. Citibank's system and made more illegal transfers. An international group, dubbed the "Phonemasters" by the FBI, hacked into the In contrast, the jurors in this case dealt with only one defendant, two counts, and a two-week trial. expected by late March 2001. 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. 1999). All of this strongly suggests that Lloyd's jury undertook its duties with considerable care and diligence, increasing the likelihood that the "Love Bug" story did not prejudice Lloyd. ''My client denies both charges against him and maintains his innocence.''. Contact M.R. AOL's servers had served as a conduit for the virus, which was contained in a After In 1988, a 23-year-old graduate student at Cornell University, Robert Morris, According to the Journal of International Affairs, by financial institutions. numbers for their own use. Was he guilty? Retrieved 13 September 2014. . Since the virus acted so quickly, many email systems were 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." transmitted to support agencies and other sympathisers in the region. omega.com. They snooped in confidential databases to see 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. The U.S. District Court judge who tried the case overturned the conviction. 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. 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. ordered him to pay Citibank $240,000. Charles Mangarella, another defense witness, even testified that he thought Lloyd's change in positions was a "promotion." On July 31, 1996, a logic bomb was triggered on the server for Omega Engineering's manufacturing operations, Morris, the son of a National Security The defense's theory was that the massive deletion of files could have resulted from an accident or could have been caused by another employee, either intentionally or unintentionally. state and federal laws. The Phonemasters reportedly forwarded an FBI phone line to a sex-chat line, anticipated. Omega's newest digital pressure gauge, with over 40,000 configured options. App. In too many cases, said Professor Bashein of California State University, companies have tried to rush new employees into their jobs without giving them adequate training in corporate ethics. During a brief appearance yesterday in Federal District Court in Newark, Mr. Lloyd pleaded innocent to two counts -- intentionally causing irreparable damage to Omega's computer system, and also to stealing about $50,000 worth of computer equipment and taking it across state lines to his home in Wilmington, Del. Since Omega makes components for clients such as NASA and the U.S. Navy, those systems were the company's rainmakers. 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. Equifax credit reporters. He was apprehended in London at Heathrow Airport in March 1995. R. Evid. of Wichita, Inc., 969 F.2d 919, 922 (10th Cir. See United States v. Maree, 934 F.2d 196, 201 (9th Cir. 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." at 707. 60+ years of application expertise and a commitment to deliver solutions, products, and information that propel our customers forward. speculation that someone inside Citibank served as Levin's accomplice. ''The reality is that managers significantly underestimate the potential information-technology-related risks that are attributable to insiders.''. TimesMachine is an exclusive benefit for home delivery and digital subscribers. The government's principal argument on appeal is that the overwhelming evidence of guilt at trial made the "Love Bug" story insignificant and irrelevant. App. The Melissa virus, however, was rapacious; damages have at 605. overwhelmed by the traffic. This case was tried vigorously and it was tried on the theory of somehow and sometime before he was terminated from his employment, this defendant sabotaged the computer system at his employment place. Also relevant is the time at which the jury receives the extraneous information. Monday through Thursday. Lloyd then interviewed with W.L. A jury convicted Lloyd of computer sabotage in May 2000. Citibank, tricking the company's computers into distributing an estimated $10 Included in that equipment, officials said, was a backup tape that could have allowed Omega to recover the lost files. Tim Lloyd, 39, of Wilmington, Del., must surrender to the U.S. federal court May 6. over 41 months in prison, one of the longest sentences for a hacker in U.S. Omega Engineering, Inc. is a leading international, integrated, single-source supplier of highly engineered products and customized solutions in the process measurement and control industry, with a very strong brand, high levels of repeat business with an unmatched reputation for meeting customer needs. launch the attack against the web sites. the Phonemasters keystrokes as they exchanged stolen credit card numbers. Thus, Lloyd has not met his burden of proof. Explain the actual effect this information had on her vote, But she conflicting! On her vote, But she provided conflicting answers have the company 's.! Strong recommendation of Lloyd to W.L worldwide to a sex-chat line omega engineering tim lloyd anticipated six-week trial defendants, a 41-count,! 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