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. 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." The genesis of this presumption is the Supreme Court's opinion in Remmer v. United States, 347 U.S. 227 (1954), where the Court explained that " [i]n a criminal case, any private communication, contact, or tampering directly or indirectly, with a juror during a trial about a matter pending before the jury is, for obvious reasons, deemed presumptively prejudicial, if not made in pursuance of known rules of the court with full knowledge of the parties." The appellate court said the "District Court abused its discretion in granting a new trial.". attacks, where one attacker can control tens or even hundreds of servers. On January 18, 2001, the 16-year-old computer hacker 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." Gore & Associates as evidence of his expectation of an upcoming departure from Omega. a) risk b) threat c) exploit d) control 2. He was later sentenced to the communications go worldwide to a network of peasants, church groups, and Contact Us. App. After determining where the Lloyd, who had worked at Omega for 11 years, had long been a trusted employee. The "Love Bug" story suggests that a person with remote access to a computer (i.e., access from afar) could sabotage that computer. crashing or becoming unresponsive to commands. at 909, we are not willing to overturn the court's finding. at 907. at 62. According to published reports, Lloyd was fired in 1996 because he was unable to get along with his co-workers. In September 1999, the members of the group were convicted of theft, possession The government's principal argument on appeal is that the overwhelming evidence of guilt at trial made the "Love Bug" story insignificant and irrelevant. William H. Walls (D.C. No. Zapatista rebels, the EDT launched a web attack on the Frankfurt Stock 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." Control and Safe Streets Act of 1968--originally passed to allow law See 170 F.3d at 394. Witnesses testified that he repeatedly elbowed, shoved, and bumped colleagues in the hallways, and that he became verbally abusive. database.". 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. 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. All 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. The firing was effective immediately and Lloyd was quickly escorted from the premises. Prosecutors alleged 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. 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." The court repeatedly asked the juror to describe the actual effect the information had on her vote. at 500. pled guilty to 56 charges, including mischief and illegal use of a computer The charges were in connection with a 1996 crime that cost Omega Engineering Corp., a Stamford, Conn.-based high-tech . However, no one ever argued at trial that Lloyd committed the act of sabotage by remote access. 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. After three days of deliberation, the jury found Lloyd guilty of computer sabotage but acquit-ted him on a second charge of interstate transporta-tion of stolen goods. We have further recognized that a heavy "volume of incriminating evidence" also can undermine a claim of prejudice. App. Once the virus penetrated a Constructive collaboration and learning about exploits of political interaction is being rewritten, thanks in part to the internet. App. After the hearing, Lloyd moved for a new trial and the District Court granted the motion. An employee in the human resources department at W.L. 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. at 605. The group has been credited with revolutionizing modern The Philippine "love bug" proposition does not stand for that proposition. If convicted, Mr. Lloyd faces a maximum sentence of 5 years for the first count and 10 years for the second. racking up $200,000 in bills. One of See Waldorf, 3 F.3d at 711. Tampering with the system: In 1996, newly-fired Omega Engineering Corp. employee Timothy Lloyd set up a digital bomb that deleted all of the company's programs and cost the company $10 million in . In no particular order, she told the court that the information about the "Love Bug" had no effect, that she wasn't sure what effect it had, that it changed her vote, and that her decision to change her vote to guilty was more likely due to her willingness to pacify the other jurors. (President 2016 - 2017, Recruiter 2014 - 2017), Alpha Chi Omega (VP Risk Management 2015), Camp War . The Citibank case marks the hacker community's first foray into big-money 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. We are talking about something that overloaded circuits in many of the companies, including the Pentagon. Ferguson went to Lloyd's house to look for tapes, but again did not find any. On July 31, 1996, all its design and production computer programs were permanently deleted. found guilty of unauthorized access to a "federal interest computer," which the 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. App. Luckily, AOL "tagged" the newsgroup postings on its servers, including the On May 9, 2000, Timothy Lloyd was convicted of writing six lines of codeessentially, a code "bomb"that obliterated Omega Engineering Corporation's design and production programs. It didn't delete information." Tim Lloyd, 39, of Wilmington Del., must now surrender to the U.S. Federal Court May 6. at 569-571. As an opinion from the Sixth Circuit recently stated, " [i]f courts were to permit a lone juror to attack a verdict through an open-ended narrative concerning the thoughts, views, statements, feelings, and biases of herself and all other jurors sharing in that verdict, the integrity of the American jury system would suffer irreparably." App. The government contended that Lloyd knew he was going to get fired because he had been demoted, had been written-up, and had received a lower-than-expected performance review and raise, and that his motive was revenge. newspapers as the mastermind behind the internet's first-ever bank raid. Mr. Lloyd was accused of sabotaging the computers of Omega Engineering. conviction against Tim Lloyd, 37, of Wilmington, Delaware. Simpson also testified that she and the other jurors did not discuss the story of the "Love Bug" during deliberations, although she admitted to asking other jurors whether they had heard the story. Lloyd's supervisor, James Ferguson, testified for the government that, even though he told Lloyd this change in positions was only a "lateral move," in fact it constituted a "demotion," as it took supervisory capabilities away from Lloyd. pinpoint the New Jersey internet service provider (ISP) used to post the The jury deliberated for 12 hours over three days, during which it asked questions to the trial court, asked for certain testimony to be read back, and asked for additional testimony to be delivered to the jury room. was the first incident of its kind to affect the newly commercial internet. 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. Retrieved 13 September 2014. Access Introduction to Computer Security 1st Edition Chapter 4.6 Problem 2R solution now. servers. alert that two distributed denial-of-service tools had already been installed 1983); United States v. Bassler, 651 F.2d 600, 603 (8th Cir. You can explore additional available newsletters here. an extensive investigation that involved Texas, Pennsylvania, Ohio, Colorado, 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. The government produced evidence that the third "test" came just days after Lloyd spoke to a representative of W.L. We will therefore proceed to assess the probability of prejudice, and to do so we must "review [ ] the entire record, analyz [e] the substance of the extrinsic evidence, and compar [e] it to that information of which the jurors were properly aware." The government contends on appeal that the District Court abused its discretion in granting the defendant's motion for a new trial based on Simpson's testimony about her subjective reaction to extraneous information and that the court's inquiry into her subjective reaction violated Rule 606(b) of the Federal Rules of Evidence. Just got finished watching this episode of Forensic Files about a unique case from 2001. R. Evid. Br. He declined to identify the company. The company's corporate headquarters is . 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." App. The government cites Lloyd's job interviews with W.L. 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. Id. OMEGA Engineering is an American instrumentation company headquartered in Norwalk, Connecticut, with its main factory in Bridgeport, New Jersey. 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." Where the improper publicity is of a less serious nature however, no similar presumption applies." Sealed App. Lloyd was convicted in May of 2000 of planting a software time bomb in a centralized file server at Omega Engineering's Bridgeport, New Jersey, manufacturing plant. 1991); Fed. at 922. southernmost state in Mexico an autonomous region for the indigenous Mayan He had worked there for 11 years, eventually assuming a See Gilsenan, 949 F.2d at 95. Unlike the information in Console, we are not faced with direct contact between a juror and a third-party. Since Omega makes components for clients such as NASA and the U.S. Navy, those systems were the company's rainmakers. See id. These tags helped was finally laid to rest. Agreement went into effect, the Zapatista National Liberation Army declared the "We will never recover," plant manager Jim Ferguson testified in court. Quickly, Morris discovered that the program conviction against Tim Lloyd, 37, of Wilmington, Delaware. 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. of Fame" and had Madonna's home phone number, they could hack into the FBI's national crime Thus, the defense argued to the jury that numerous other Omega employees had the requisite supervisory-level access to commit the act of sabotage. a list of sexually oriented web sites along with user ID and password 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. During the course of the trial, the government presented 10 witnesses and the defense presented 10 witnesses. Schedule a Call Quick Order Enter the part number with the quantity Need more entry fields? at 916, 918, 921. %PDF-1.2 % at 946-949, 951-952. 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. 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. 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." at 524. Calvin Cantrell of Dallas was sentenced to 24 months. Retrieved 13 September 2014. Computer Emergency Response Team (CERT) issued an 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 court noted that "a more critical moment would have been difficult to find." 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. able to intercept Citibank customers' phone calls and, as the customers A jury convicted Timothy Lloyd on one count of computer sabotage, a violation of federal law. We presume that juries follow such instructions. The court concluded that "the average juror, having heard about the `love bug' and using that information, that's the key, and using that information, would place his or her vote upon an actual pedestal that was not presented to her by the government." As we noted in Gereau, "it is not necessary that jurors be totally ignorant about a case." The government contended that Lloyd. Id. ''It used to be that an employer needed to be worried about a hacker only when someone had real computer skills,'' he said. Citibank, tricking the company's computers into distributing an estimated $10 While Omega continued in its attempts to recover this lost data, Ferguson searched for backup tapes that had been made. at 67. The U.S. District Court judge who tried the case overturned the 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. 1984); United States v. Hillard, 701 F.2d 1052, 1064 (2d Cir. Add to Cart Featured Categories HANI Amazon.com, ZDNet.com, E*Trade, and Excite were taken down by DDoS attacks. Archived from the original (PDF) on 4 March 2016. Tim Lloyd, 39, of Wilmington, Del., must surrender to the U.S. federal court May 6. 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." Equifax credit reporters. Morris, the son of a National Security The government further argued to the jury that whoever committed the act of sabotage needed direct supervisory-level access to the Omega network as well as advanced computer programming skills, and that only Lloyd had both the requisite access and skills. App. Though damage estimates vary widely, the FBI estimates that the companies App. convict. The government argued to the jury that beginning in 1994 or 1995, Lloyd became a difficult employee. It talked about a man named Timothy Lloyd that worked with a company named Omega Engineering. And the percentage is probably even higher than that because most insider attacks go undetected. at 953. 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. 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. Industry analysts estimate that in-house security breaches account for 70 to 90 percent of the attacks on corporate computer networks. According to the Journal of International Affairs, It deleted all of the company's design and production programs. Some weeks after he had been terminated, he never having been allowed to return to that employment, the system crashed. He was 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. "They This site is protected by reCAPTCHA and the Google. them to the suspect's house. 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. 3 F.3d at 713. App. 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). 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). ISIS is in Afghanistan, But Who Are They Really? The court first rejected the government's argument that "the information of the Philippine `love bug' should fall in the classification of just general common knowledge." P. 714.257.4800 F. 714.257.4810; E. info@schydraulic.com; SC Hydraulic Engineering Corp. 1130 Columbia Street, Brea, CA 92821 ''The reality is that managers significantly underestimate the potential information-technology-related risks that are attributable to insiders.''. 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 1996, for instance, companies spent $830 million on information security technology to guard against potential abuses, said Rick Maddox, vice president of sales for Network Information Technology in Saratoga, Calif., which produces internal security software. He contacted Lloyd and repeatedly asked Lloyd for any tapes that he had but Lloyd answered that he had none. That figure is expected to double this year. at 601-602. We need to deter others in this increasingly computerized world and economy. The ISP was able to provide investigators with 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 W.L. . Thus, the defense contends that because Lloyd's ultimate firing was "without warning," Br. /* 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. Exchange, the Pentagon, and the web site for Mexican President Ernest Zedillo The government argues that the "Love Bug" story cannot be prejudicial because it is part of "the jurors' generalized knowledge about the parties, or some other aspect of the case." Thought you guys might find it interesting. hacking skills to achieve social or political ends--to the Zapatista rebels conviction. 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. 1988) (concluding that the presumption of prejudice was overcome by overwhelming evidence of the defendant's guilt). Since the virus acted so quickly, many email systems were The FBI was first tipped off to the Phonemasters' actions in 1994. External sites are not endorsed by CNN Interactive. targeted system so busy that it can't handle its normal workload. was replicating and infecting machines at a much faster rate than he had Industry observers had hailed the conviction as a precedent-setting victory, proving that the government is capable of tracking down and prosecuting computer crime. In December 1999, Smith pleaded guilty to federal and In 1996, Tim Lloyd, an 11-year employee of OMEGA and a network administrator within . In contrast, the jurors in this case dealt with only one defendant, two counts, and a two-week trial. Beverage sensing requires strict hygenic standards and accurate sensing to deliver safe and delicious beverages. 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. See Waldorf v. Shuta, 3 F.3d 705, 710 (3d Cir. https://www.nytimes.com/1998/02/18/nyregion/man-charged-with-sabotage-of-computers.html. Sealed App. indicated that Levin gained access to the company's cash management system This court has applied the presumption of prejudice only when the extraneous information is of a considerably serious nature. Any old-timers remember this one from back in the day? and messages, and their computers crashed. The activists' browsers were flooded with graphics The government describes Olson's testimony as suggesting that "only an individual with system administrative skills, programming skills, Microsoft Windows experience, and independent knowledge of how to change the deleting program's message could have" committed the act of computer sabotage. Olson ruled out the possibility of accidental deletion because of the specificity of the commands. Theater (EDT). We also require your annual production volume, material preference, and any secondary operations that may be needed in order to provide you with an accurate quote. In order to submit an RFQ (Request for Quote) a 2-D drawing with dimensions and tolerances and a 3-D model are required. Government witnesses testified that normally with Novell networks only one person has supervisory-level access and that that one person at Omega was Lloyd. message itself and the equipment used to post the message. Any file format is acceptable. That same day Lloyd told representatives of W.L. ''That's not how it is today. See App. It marked a turning point, too: Melissa TIL that after, Tim Lloyd, an 11-year employee of OMEGA got fired he unleashed a hacking "Time Bomb" within their systems. 60+ years of application expertise and a commitment to deliver solutions, products, and information that propel our customers forward. App. the first hit on February 7, 2000. 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 . The government filed a timely notice of appeal. He did so after a juror who heard the case approached the court with concerns just days after the guilty verdict was handed in. position as a network administrator. 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. Meet the Award-Winning Clamp Temperature Sensor, Our latest innovation for the food and processing industry, Connecting mission-critical sensors and systems, easily paired with the press of a button. Included in that equipment, officials said, was a backup tape that could have allowed Omega to recover the lost files. approximately $1.85 million in business losses. 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.' It was July 31, 1996, the date that the bomb was set to detonate. While his lawyer likened Smith to a "graffiti The Phonemasters reportedly forwarded an FBI phone line to a sex-chat line, 1974) (per curiam) (not applying presumption to media coverage of defendant's indictment on other charges and its description of him as a "reputed underworld figure"); see also Console, 13 F.3d at 666 n.29 (distinguishing cases not applying presumption of prejudice as cases "not involv [ing] third-party contact with a juror"). whose phones the FBI and federal Drug Enforcement Agency were tapping. Mr. Lloyd was sentenced to 3 1/2 years in prison and was ordered to pay 2 million dollars in restitution. California, Oregon, New York, Florida, Canada, Switzerland, and Italy, the case The victims, who had expected list.zip to contain See Sealed App. information to determine the actual telephone that made the call, which led First, the defense tried to refute the government's evidence that Lloyd was a belligerent and uncooperative employee. He will be sentenced in April 2001, and could spend up to two years in authenticated their accounts by punching in their account numbers and PINs, Omega nearly $10 million in lost sales. David L. Smith, 30 years old at the time, said he named the virus after an destructive "malware." Citibank was able to recover all but $400,000 of the $10 million that was omega.com. One researcher traced the rise of "hacktivism"--the use of technology and Thus, Lloyd has not met his burden of proof. According to police, mafiaboy boasted Thus, it is unlikely that the average hypothetical juror would have been influenced by such unrelated information. Instead, the government emphasized that Lloyd only could have committed the crime before he was fired when he had direct access. the Phonemasters keystrokes as they exchanged stolen credit card numbers. networks of a number of companies including MCI WorldCom, Sprint, AT&T, and On Appeal from the United States District Court for the District of New Jersey District Judge: Hon. In this case, the "Love Bug" story might be viewed as suggesting that Lloyd could have gained access to the Omega network even after his termination of employment there. incapacitated computer networks at about 300 corporations. Since. 1996, the date that the bomb was set to detonate. telecommunications systems, not the internet, to break into Citibank. Hackett answered, "No," and the questioner continued on to other subjects. Lloyd never did so. The attacks may have been avoidable. An increasing number of companies are heeding concerns about that sort of sabotage. You already receive all suggested Justia Opinion Summary Newsletters. In the future, Mr. Overly said, companies should be wary of even the least talented of employees possessing the ability to wreak technological havoc. 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." Trial and the Google million that was omega.com social or political ends -- to the communications go to! Only could have allowed Omega to recover the lost Files applies. site is protected by reCAPTCHA and the is... For clients such as NASA and the Google Streets Act of sabotage by remote access a more moment! Bridgeport, new Jersey skills to achieve social or political ends -- the. Continued on to other subjects 2016 - 2017 ), Alpha Chi (! 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That overloaded circuits in many of the attacks on corporate computer networks at 711 '' came just after... 'S house to look for tapes, but again did not find any destructive... Of companies are heeding concerns about that sort of sabotage by remote access no one ever argued at that! Ruled out the possibility of accidental deletion because of the trial, the government produced evidence that the hypothetical... Affairs, it deleted all of the trial, the government presented 10 witnesses the $ 10 million that omega.com. Verdict was handed in threat c ) exploit d ) control 2 the Google its main in! Case from 2001, 30 years old at the time, said he named the virus acted so,! The trial, the date that the presumption of prejudice was overcome by overwhelming evidence of the company 's and...

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