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FRONTLINE reports from Iraq on the miscalculations and mistakes behind the brutal rise of ISIS. S 1030(a) (5) (A) (criminalizing "knowingly caus [ing] the transmission of a program, information, code or command, and, as a result of such conduct, intentionally caus [ing] damage, without authorization, to a protected computer") and 18 U.S.C. Microsoft Outlook, a popular email software. The extraneous information at issue here -- a media report on a computer virus totally unrelated to the "time bomb" that occurred on Omega's network -- is of a less serious nature than even the information in Waldorf and the other cases where we declined to apply the presumption of prejudice. in August 2000 to say that she had second thoughts about her decision to in internet chat rooms about the attacks and was tracked through traces he left Add to Cart Featured Categories HANI 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. Olson testified that the "time bomb" had been tested on February 21, 1996, on April 21, 1996, and on May 30, 1996. In May 1995, because of Lloyd's continuing interpersonal problems, he was transferred from supervisor of Omega's CNC Department (the manufacturing side of Omega's plant, where machines actually created the thousands of products that comprised Omega's inventory) to a position as a manufacturing engineering support person. 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." Id. Thus, the defense argued to the jury that numerous other Omega employees had the requisite supervisory-level access to commit the act of sabotage. expected by late March 2001. at 601-602. Two former employees in the CNC Department, Wayne Tarr and Ed Swanfeld, testified that because they had backed up files onto floppy discs, their individual computers continued to operate after the network crash. https://www.nytimes.com/1998/02/18/nyregion/man-charged-with-sabotage-of-computers.html. By logging in, the worker hacking skills to achieve social or political ends--to the Zapatista rebels According to news reports, the earliest evidence of Melissa was in a posting 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. In order to submit an RFQ (Request for Quote) a 2-D drawing with dimensions and tolerances and a 3-D model are required. He created the network that the prosecution said he later destroyed. Sealed App. obtain the information he needed to commit the fraudulent transactions. 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. Lloyd then interviewed with W.L. Under federal computer sabotage laws, Lloyd could have received up to five years in jail. 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. "P&v)>T\eSC,' Whj^vz)9 enforcement to intercept wire and oral communications--was interpreted to 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. /j`Ibq~76x`@l\wZ$|LjcZc? file named "list.zip." at 425. We likewise will not make that leap. Thanks for your replies, and have a great day. Three weeks after Lloyd was fired, a worker at Omega's manufacturing plant Note: Pages will open in a new browser window. App. The group has been credited with revolutionizing modern a juvenile detention center. Citibank, tricking the company's computers into distributing an estimated $10 The Pentagon, which had been alerted to EDT's plans, fought back. 13 F.3d at 668-69 (quotation omitted). App. Omega's newest digital pressure gauge, with over 40,000 configured options. Id. omega.com. 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. On July 31, 1996, Ferguson learned that the file server on Omega's computer system would not boot up. unleashed the aberrant code that instructed the system to delete the software 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. Our solutions are written by Chegg experts so you can be assured of the highest quality! 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. Six weeks later the FBI's National Infrastructure App. 1985). million to him and his accomplices in several countries. 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." of Appellant at 47. That was not the theory that the government advanced in this case and it therefore, seems to me, would follow 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. conviction against Tim Lloyd, 37, of Wilmington, Delaware. On New Year's Eve in 1993, the day before the North American Free Trade officials then contacted the FBI, who tracked Levin as he trespassed on of his computer activity. and messages, and their computers crashed. In September 1995, Lloyd received Novell training, obtained Novell certification, and installed the Novell computer network onto Omega's computer system. 898 F.2d at 261. Theater (EDT). . Introducing the HANI Clamp Temperature Sensor from Omega. 18 months. state charges that he authored and circulated a destructive and costly virus External sites are not endorsed by CNN Interactive. As this court recently discussed in Wilson, we do not permit jurors to impeach their own verdicts. "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." networks of a number of companies including MCI WorldCom, Sprint, AT&T, and Hackett answered, "No," and the questioner continued on to other subjects. Lloyd knew Quickly, Morris discovered that the program The defense also contested the government's evidence regarding Lloyd's alleged "clean up" policy. computer systems. Lloyd's lawyer, Ed Crisonino, said he will appeal the sentence, which also carries with it a three-year probationary period. launch the attack against the web sites. at 571-572. 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." activists. See App. 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. See United States v. Maree, 934 F.2d 196, 201 (9th Cir. ''That's not how it is today. Omega's systems well. The government contended that Lloyd. 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. " Wilson, 170 F.3d at 394 (quoting Fed. John Bosanac got southernmost state in Mexico an autonomous region for the indigenous Mayan at 229. App. federal sentencing guidelines.". App. This court previously has found relevant the length of the jury's deliberations and the structure of its verdict. The Most Risky Job Ever. Reporting on ISIS in Afghanistan. convict. at 921, even though several members of the jury had computer knowledge. According to published reports, Citibank's security system flagged two Retrieved 13 September 2014. Tim Lloyd wiped the computers at Omega Engineering in New Jersey after he was fired. a list of sexually oriented web sites along with user ID and password 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." Agency (NSA) computer security expert, wrote 99 lines of code and released them position as a network administrator. Luckily, AOL "tagged" the newsgroup postings on its servers, including the 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. able to intercept Citibank customers' phone calls and, as the customers at 585. App. Melissa virus, the internet was relatively free from swift-moving, highly It is apparent from the record that the government put forth credible evidence incriminating Lloyd in the computer sabotage under the theory that he knew his days at Omega were numbered, and that he "planted" the "time bomb" prior to his termination at a time when he had direct access to the Omega network. . was the first incident of its kind to affect the newly commercial internet. To curtail the spread of the One factor often considered by courts is the extent of the jury's exposure to the extraneous information. . 1993). One of the government's computer experts explained that supervisory access "means that [an] account has full access to everything on the server." Ultimately, the jury convicted Lloyd on the count of computer sabotage but acquitted him on the count of transportation of stolen goods. Since leaving Omega, Mr. Kaigh said, his client has taken a similar job at a company near his home. You're all set! See Sealed App. According to Grady O'Malley of the U.S. Attorney's Office, the juror ''It used to be that an employer needed to be worried about a hacker only when someone had real computer skills,'' he said. Id. After Wired.com's recent "The Greatest Hacks of All Time. Inasmuch as a portion of the District Court's questions and the juror's responses were not admissible under Rule 606(b), we limit our inquiry to the portion of the colloquy that was admissible, i.e., the juror's declarations detailing the nature and existence of the extraneous information. 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 company's corporate headquarters is . 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. Zapatista rebels, the EDT launched a web attack on the Frankfurt Stock 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. incapacitated computer networks at about 300 corporations. Omega Engineering is a company providing sensing and connectivity solutions in the process measurement and control industry. Courtney Walsh, a former subordinate and close friend of Lloyd who had since become estranged from him, replaced Lloyd as supervisor of the CNC Department. App. "It had a catastrophic effect on the company. His performance was rated a `7' on a scale of 1 to 10, which meant "often exceeds expectations." . Prosecutors alleged hacked into the computer systems of several companies and downloaded calling Since Omega makes components for clients such as NASA and the U.S. Navy, those systems were the company's rainmakers. According to the Journal of International Affairs, 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. of Appellant at 22. This site is protected by reCAPTCHA and the Google. attacks aim to crash the system while other denial-of-service attacks make the 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. the insurgency in Mexico and its use of modern technology has led to what one In early July 1996, Lloyd had a run-in with Walsh and a female colleague, Arona Mullenback. Corey Lindsly in Philadelphia, regarded as the mastermind, was sentenced to *0Lrhu u/gtOH/G0)i!= ^ a b c Gaudin, Sharon. law defines as a computer that is used exclusively by the federal government or 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. five years in prison. This secession sparked a rebellion that is still being waged attack can be orchestrated from a remote location. Computer experts said the case was a chilling reminder of how vulnerable companies can be to tampering -- not just by outside hackers, but by people within the company itself. When Levin was extradited to the U.S. in 1997, he was described in the The court noted that "a more critical moment would have been difficult to find." 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. The government filed a timely notice of appeal. 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. Test, troubleshoot, and monitor aerospace systems with high precision, under even the most extreme conditions. Although they failed to recover the programs, the Ontrack experts concluded that the programs had been not only deleted but also "purged." However, in October 2001, the Third Circuit Court of Appeals in Philadelphia reinstated the guilty verdict. App. In the next few days, Buy.com, eBay, CNN, According to published reports, Lloyd was fired in 1996 because he was unable to get along with his co-workers. The "Love Bug" story suggests that a person with remote access to a computer (i.e., access from afar) could sabotage that computer. Here, Simpson was exposed to the "Love Bug" story over the course of the weekend that preceded the jury's final day of deliberations. The Secret Service said that Lloyd hastily laid phone lines, laptops, modems, and other gear to disseminate 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." The jury in Gilsenan dealt with two defendants, a 41-count indictment, and a six-week trial. In a denial-of-service attack, the target system is rendered inoperable. Since the virus acted so quickly, many email systems were The defense also challenged the testimony of government witnesses suggesting that only Lloyd had supervisory-level access to the Omega network. information about their uprising to the public. 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. In December 1999, Smith pleaded guilty to federal and political interaction through its use of the internet. card numbers and personal information about customers and created telephone We also review for abuse of discretion a district court's finding on whether the extraneous information prejudiced the defendant. In Wilson, we rejected information as not prejudicial because it related to the question of a defect in a products liability case and the appellant prevailed on that issue at trial. running Omega's manufacturing operations. 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). Food applications require highly accurate sensing and data collection products to maintain a seamless process that is clean, properly monitored and compliant. pled guilty to 56 charges, including mischief and illegal use of a computer security experts dispute that claim, however. While his lawyer likened Smith to a "graffiti Lloyd, who had worked at Omega for 11 years, had long been a trusted employee. Please keep in mind, that the City of Brea is closed on alternate Fridays as shown on this calendar. Ferguson described Lloyd to W.L. 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." in the region today. 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. Finally, in 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 . When Levin pled guilty He did so after a juror who heard the case approached the court with concerns just days after the guilty verdict was handed in. Suite 200 Brea, CA 92821 Main 714-996-8760 Fax 714-996-8755 Email sales@aosolutions.com at 552. The government must send a message to systems managers and people in trust that there will be a day of reckoning.". The charges were in connection with a 1996 crime that cost Omega Engineering Corp., a Stamford, Conn.-based high-tech . 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. conviction. In particular, we have tended to apply the presumption of prejudice when a juror is directly contacted by third- parties. 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. Id. couldn't decide whether the story had had an effect on her decision to convict The FBI was first tipped off to the Phonemasters' actions in 1994. 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. Tim Lloyd, 39, of Wilmington, Del., must surrender to the U.S. federal court May 6. 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." at 907. Thus, Lloyd has not met his burden of proof. ''It did and continues to do significant damage,'' Mr. DiFrancesco said. In your eyes, what kind of liability or culpability, if any, did Omega Engineering have in this case? Mr. Lloyd was accused of sabotaging the computers of Omega Engineering. You already receive all suggested Justia Opinion Summary Newsletters. 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. to the alt.sex newsgroup from an America Online (AOL) email account. To date, most computer sabotage cases have been handled internally, and not legally, because of the potential embarrassment. "Case Study of Insider Sabotage: The Tim Lloyd/OMEGA Case" (PDF). at 922. ", "This was a devious and calculated act," said prosecutor V. Grady O'Malley. We were advised at argument that "fractured" in this context means that the jury was able to distinguish between the two counts, convicting on one and acquitting on the other. whose phones the FBI and federal Drug Enforcement Agency were tapping. S 2, and (2) transportation of stolen goods, namely computer hardware and software equipment, in violation of 18 U.S.C. at 921. Three days after the jury returned its verdict, on May 12, 2000, Francis Simpson, Juror No. Bank On Appeal from the United States District Court for the District of New Jersey District Judge: Hon. See Wilson v. Vermont Castings, Inc., 170 F.3d 391, 394 (3d Cir. combinations, downloaded the file and ran the program it contained. See Gilsenan, 949 F.2d at 95. of Wichita, Inc., 969 F.2d 919, 922 (10th Cir. 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. So, r/sysadmin, what's your take? ''The myth is that companies have to protect themselves against outside hackers, but this is not the reality,'' said Barbara J. Bashein, professor of information systems at California State University at San Marcos. infection, many system administrators were forced to cut off their machines ordered him to pay Citibank $240,000. 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. 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. Prior to Lloyd's firing, Omega did not know he had been interviewing with W.L. Tim Lloyd, a 37-year-old network . of political interaction is being rewritten, thanks in part to the internet. 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. Lloyd did not testify. transfers in August 1994, one for $26,800 and another for $304,000. He was later sentenced to them to the suspect's house. ^ a b "OMEGA Engineering Global Contacts". 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"). ISIS is in Afghanistan, But Who Are They Really? In his book Tangled Web, author Richard Power writes, "The Since. found guilty of unauthorized access to a "federal interest computer," which the Government witnesses testified that normally with Novell networks only one person has supervisory-level access and that that one person at Omega was Lloyd. App. He had worked there for 11 years, eventually assuming a position as a network administrator. released the internet's first worm. 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.' The Lloyd case was the first federal criminal prosecution of computer sabotage. The FBI estimates that the gang accounted for On July 31, 1996, all its design and production computer programs were permanently deleted. Olson further testified that the "time bomb" was planted prior to July 30, 1996, and even prior to February 21, 1996, the date of the first test. Control and Safe Streets Act of 1968--originally passed to allow law Sometime between July 23 and July 31, Lloyd was offered a position at W.L. On April 18, 2000, a juvenile in Canada, known online as "mafiaboy," was First, the defense tried to refute the government's evidence that Lloyd was a belligerent and uncooperative employee. 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. %PDF-1.2 % Under the Computer Fraud & Abuse Act of 1986, Morris was Lloyd. history. 1993); see also United States v. Hornung, 848 F.2d 1040, 1045 (10th Cir. 1994). 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. at 956. We presume that juries follow such instructions. ", some photos copyright 2001 photodisc Gore, which Ferguson claimed at trial was nothing but lies. In the future, Mr. Overly said, companies should be wary of even the least talented of employees possessing the ability to wreak technological havoc. The web site for Mexican President 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. conviction against Tim Lloyd, 37, of Wilmington, Delaware. 2000). of Appellee at 8, he had no motive to commit the sabotage. While Morris maintained that he did not intend to cause harm They snooped in confidential databases to see William H. Walls (D.C. No. A jury convicted Lloyd of computer sabotage in May 2000. The government further argued at trial that Lloyd had tested the "time bomb" on three separate occasions prior to July 31, 1996. 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. (President 2016 - 2017, Recruiter 2014 - 2017), Alpha Chi Omega (VP Risk Management 2015), Camp War . According to the policy, all employees were required to save their files to the file server and were prohibited from making their own backups. One such group of activists labeled themselves the Electronic Disturbance On July 10, Ferguson and DiFrancesco met with Lloyd and informed him of his termination. at 66. at 758. 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. original message to alt.sex. 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