1984); United States v. Hillard, 701 F.2d 1052, 1064 (2d Cir. 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. Test, troubleshoot, and monitor aerospace systems with high precision, under even the most extreme conditions. App. Virgin Islands v. Dowling, 814 F.2d 134, 138 (3d Cir. Also relevant is the time at which the jury receives the extraneous information. Our solutions are written by Chegg experts so you can be assured of the highest quality! Omega Man: The Implosion of Tim Lloyd In document Tangled Web Tales of Digital Crime from the Shadows of Cyberspace pdf (Page 196-200) In the 2000 CSI/FBI survey, 28 respondents were able to quantify financial losses from incidents involving sabotage of data or networks for a total of $27,148,000. An assistant United States attorney, V. Grady O'Malley, described Mr. Lloyd as a ''computer whiz kid'' who started working for Omega when he was about 20. App. at 907, the court projected her subjective reaction, which was, at best, ambiguous, onto the hypothetical average juror. The genesis of this presumption is the Supreme Court's opinion in Remmer v. United States, 347 U.S. 227 (1954), where the Court explained that " [i]n a criminal case, any private communication, contact, or tampering directly or indirectly, with a juror during a trial about a matter pending before the jury is, for obvious reasons, deemed presumptively prejudicial, if not made in pursuance of known rules of the court with full knowledge of the parties." Quickly, Morris discovered that the program On April 18, 2000, a juvenile in Canada, known online as "mafiaboy," was Control and Safe Streets Act of 1968--originally passed to allow law The attacks Equifax credit reporters. Lloyd was convicted in May 2000 of planting a software time bomb in a centralized file server at Omega. After the hearing, Lloyd moved for a new trial and the District Court granted the motion. App. computer systems. at 956. The web site for Mexican President card numbers and personal information about customers and created telephone In the next few days, Buy.com, eBay, CNN, California, Oregon, New York, Florida, Canada, Switzerland, and Italy, the case monitor the hackers' activities. in September 1998. App. found guilty of unauthorized access to a "federal interest computer," which the The group has been credited with revolutionizing modern and on EDT's web site, participants in the online "sit-in" were instructed to We will reverse the grant of a new trial, reinstate the conviction on count one of the indictment for computer sabotage, and direct the court to proceed to sentencing. ''That's not how it is today. /vcT]9C"L/?[pjn2YNs!51>%\qEI$bd"9kE=)o{m^:-Vy ` L Virgin Islands v. Gereau, 523 F.2d 140, 151 (3d Cir. ''My client denies both charges against him and maintains his innocence.''. at 679. The defense also contested the government's evidence regarding Lloyd's alleged "clean up" policy. In this case, that means we must inquire into what extent the "Love Bug" story was shared with the rest of the jury. According to the policy, all employees were required to save their files to the file server and were prohibited from making their own backups. 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. "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." conviction against Tim Lloyd, 37, of Wilmington, Delaware. The U.S. Attorney's Office in Newark filed an appeal. author of Tangled Web, a book chronicling tales of digital crime. 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. See App. Government witnesses testified at trial that they hoped this change in positions would cause Lloyd to improve his behavior, but it had the opposite effect and his interpersonal problems increased. Sometime between July 23 and July 31, Lloyd was offered a position at W.L. 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. Gore & Associates at a job fair about a possible job opening. 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. 'o|M x8pUa1`%dR0"{5\qT8'F C,K[\"3MtA0!Lz|Ky=vB_)'Y.DmO`NOF,+XEi@ ly> U'IHzZ:i{|n6@xQzIMXiEx1s-3Fw{SV=/&7o|FcSP7n&5kE.|_HJ[J}O}zQJ(UMXw*zUVxh=Qre{m;R58}-n` {b). Gore than in his position at Omega; and Lloyd's comment to a W.L. Citibank's system and made more illegal transfers. Exchange, the Pentagon, and the web site for Mexican President Ernest Zedillo federal court granted the FBI permission to use the first ever "data tap" to 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. anticipated. law defines as a computer that is used exclusively by the federal government or On July 31, 1996, all . infection, many system administrators were forced to cut off their machines Microsoft Outlook, a popular email software. 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. "It had a catastrophic effect on the company. In September 1999, the members of the group were convicted of theft, possession 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. state and federal laws. App. 3 F.3d at 710 n.6 (quotation omitted). . ''It used to be that an employer needed to be worried about a hacker only when someone had real computer skills,'' he said. App. 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. officials then contacted the FBI, who tracked Levin as he trespassed on Constructive collaboration and learning about exploits '', Mr. Kaigh said he was confident that Mr. Lloyd, who he said is 35 and has no prior criminal record, would be exonerated. Id. The defense further sought to refute the government's emphasis on the amount of Omega property recovered from Lloyd's home by pointing out that Lloyd often brought work home with him while employed at Omega, and that his supervisors knew this. information about their uprising to the public. And the percentage is probably even higher than that because most insider attacks go undetected. federal sentencing guidelines.". into the internet as an experiment. from the internet entirely. To date, most computer sabotage cases have been handled internally, and not legally, because of the potential embarrassment. A jury convicted Timothy Lloyd on one count of computer sabotage, a violation of federal law. Omega nearly $10 million in lost sales. at 605. Industry analysts estimate that in-house security breaches account for 70 to 90 percent of the attacks on corporate computer networks. Computers were However, no one ever argued at trial that Lloyd committed the act of sabotage by remote access. Although they failed to recover the programs, the Ontrack experts concluded that the programs had been not only deleted but also "purged." Since the virus acted so quickly, many email systems were 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." After one of the jurors advised the court that she had learned from the media during the course of deliberations about off-site computer sabotage, the District Court granted Lloyd's motion for a new trial. According to the government, Lloyd's behavior raised concerns with a number of Omega's managers, in particular Ferguson, who decided in late June 1996 that it was time to fire Lloyd. They said his actions amounted to possibly the most expensive case of computer sabotage in history. https://www.nytimes.com/1998/02/18/nyregion/man-charged-with-sabotage-of-computers.html. A subreddit dedicated to hacking and hackers. 2.6M subscribers in the hacking community. App. App. P. 52(a), and the fact that several jurors in this case "had never even used a computer," App. ''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. 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. 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. 1975). First, the defense tried to refute the government's evidence that Lloyd was a belligerent and uncooperative employee. of Appellant at 47. They snooped in confidential databases to see messages on alt.sex. Retrieved 13 September 2014. Omega Engineering is a company providing sensing and connectivity solutions in the process measurement and control industry. Some weeks after he had been terminated, he never having been allowed to return to that employment, the system crashed. Agency (NSA) computer security expert, wrote 99 lines of code and released them pinpoint the New Jersey internet service provider (ISP) used to post the He had worked there for 11 years, eventually assuming a position as a network administrator. The Pentagon, which had been alerted to EDT's plans, fought back. According to published reports, Lloyd was fired in 1996 because he was unable to get along with his co-workers. See Gilsenan, 949 F.2d at 95. 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. Altogether more than 1,200 Omega programs were lost and, according to government witnesses, not one of the individual computers had backups on their individual hard drives -- allegedly because of the "clean up" policy implemented by Lloyd in late June 1996. web site copyright 1995-2014 WGBH educational foundation, National Infrastructure unleashed the aberrant code that instructed the system to delete the software It talked about a man named Timothy Lloyd that worked with a company named Omega Engineering. Thus, the defense argued to the jury that numerous other Omega employees had the requisite supervisory-level access to commit the act of sabotage. 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. Thought you guys might find it interesting. Monday through Thursday. . arrested and charged in connection with the DDoS attacks. an extensive investigation that involved Texas, Pennsylvania, Ohio, Colorado, 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. AOL's servers had served as a conduit for the virus, which was contained in a 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. through valid accounts that weren't protected by encryption, there has been 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. passwords can also be gleaned from the . His performance was rated a `7' on a scale of 1 to 10, which meant "often exceeds expectations." transfers in August 1994, one for $26,800 and another for $304,000. hacked into the computer systems of several companies and downloaded calling of Fame" and of Wichita, Inc., 969 F.2d 919, 922 (10th Cir. 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. The testimony showed that from 1985 to July 10, 1996, Lloyd worked at Omega as its only computer system administrator. at 916, 918, 921. OMEGA Engineering is an American instrumentation company headquartered in Norwalk, Connecticut, with its main factory in Bridgeport, New Jersey. 1993) (stating that application of the presumption is most appropriate when there is direct communication between a juror and a third-party during deliberations); see also United States v. Boylan, 898 F.2d 230, 261 (1st Cir. 606(b)). On July 31, 1996, a logic bomb was triggered on the server for Omega Engineering's manufacturing operations, Contact Us. On January 18, 2001, the 16-year-old computer hacker As we noted in Gereau, "it is not necessary that jurors be totally ignorant about a case." hastily laid phone lines, laptops, modems, and other gear to disseminate Six weeks later the FBI's National Infrastructure App. launch the attack against the web sites. 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. 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." Likewise, we shall not apply the presumption of prejudice to this case. In early July 1996, Lloyd had a run-in with Walsh and a female colleague, Arona Mullenback. ^ a b "OMEGA Engineering Global Contacts". Lloyd's lawyer, Ed Crisonino, said he will appeal the sentence, which also carries with it a three-year probationary period. " Wilson, 170 F.3d at 394 (quoting Fed. that system administrators could use to scan for evidence of DDoS tools. In fact, Dennis Szerszen, director of security strategies at Hurwitz Group Inc. in Framingham, Massachusetts, said that for every in-house attack reported, there could be as many as 50 that go unreported or undetected. Still, we declined to apply the presumption in that case. 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. 1994). Rule 606(b) seeks to accommodate these competing considerations by providing: Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury's deliberations or to the effect of anything upon that or any other juror's mind or emotions as influencing the juror to assent to or dissent from the verdict or indictment or concerning the juror's mental processes in connection therewith, except that a juror may testify on the question whether extraneous prejudicial information was improperly brought to the jury's attention or whether any outside influence was improperly brought to bear upon any juror. incapacitated computer networks at about 300 corporations. 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. to issue a counteroffensive. 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 . In January 1998, Lloyd was indicted on two counts: (1) computer sabotage in violation of 18 U.S.C. 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 company's corporate headquarters is . Id. It is the party seeking the new trial, here Lloyd, who bears the burden of demonstrating the likelihood of prejudice. A decision is expected by late March 2001. United States v. Weiss, 752 F.2d 777, 783 (2d Cir. Mold & Engineering. 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. by financial institutions. Morris, the son of a National Security Through the tap, the FBI was able to capture Id. Established 1962. We presume that juries follow such instructions. They stated it was due to his longstanding interpersonal problems and the repeated incidents of physical intimidation. Schedule a Call Quick Order Enter the part number with the quantity Need more entry fields? So, r/sysadmin, what's your take? Id. Moreover, the defense put before the jury Ferguson's strong recommendation of Lloyd to W.L. at 758. According to Grady O'Malley of the U.S. Attorney's Office, the juror at 66. Id. 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. Nine former Omega employees testified that they never had any problems with Lloyd and that Lloyd was always very professional. 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. By logging in, the worker We concluded that such deliberate care suggested that the extraneous information did not prejudice the jury. Omega's systems well. 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. Finally, in A jury convicted Lloyd of computer sabotage in May 2000. In discussing the "Love Bug" story in the District Court, the prosecutor accurately pointed out that "we are talking about a virus, we are not talking about a time bomb. Several courts of appeals have applied a presumption of prejudice whenever a jury is exposed to extraneous information. conviction was short-lived. 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. Invisible tasks were overloading machines around the country and The government argued to the jury that beginning in 1994 or 1995, Lloyd became a difficult employee. at 794-796 (pointing the jury to the testimony at trial as well as documents and other physical items submitted into evidence). That figure is expected to double this year. attack can be orchestrated from a remote location. million to him and his accomplices in several countries. . nearly unreachable by distributed denial-of-service (DDoS) attacks. expected by late March 2001. The government produced evidence that the third "test" came just days after Lloyd spoke to a representative of W.L. 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. 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. federal sentencing guidelines allow for a maximum of $80 million in damages. One factor often considered by courts is the extent of the jury's exposure to the extraneous information. telecommunications systems, not the internet, to break into Citibank. omega.com. 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. Melissa virus, the internet was relatively free from swift-moving, highly In response, the defense argued to the jury that the government's case was based on a series of assumptions that could not be proven. 898 F.2d at 261. couldn't decide whether the story had had an effect on her decision to convict The "Love Bug" story suggests that a person with remote access to a computer (i.e., access from afar) could sabotage that computer. he broke into several computers, mostly at U.S. universities, and used them to A jury convicted Timothy Lloyd on one count of computer sabotage, a violation of federal law. Further, there was strong uncontradicted evidence to support the verdict. in August 2000 to say that she had second thoughts about her decision to the Phonemasters keystrokes as they exchanged stolen credit card numbers. Three weeks after Lloyd was fired, a worker at Omega's manufacturing plant On November 18, 1999, Carnegie Mellon's 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. of the requests from EDT activists were redirected to a Java applet programmed App. After 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." Archived from the original (PDF) on 4 March 2016. In February 1996, Lloyd received a performance review and raise. Ultimately, the jury convicted Lloyd on the count of computer sabotage but acquitted him on the count of transportation of stolen goods. "They had a menu of activities they could perform," says Richard Power, at 601-602. In the future, Mr. Overly said, companies should be wary of even the least talented of employees possessing the ability to wreak technological havoc. See the article in its original context from. Under the Computer Fraud & Abuse Act of 1986, Morris was Br. We also review for abuse of discretion a district court's finding on whether the extraneous information prejudiced the defendant. the insurgency in Mexico and its use of modern technology has led to what one 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. To curtail the spread of the S 3731. 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." at 906-907. 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. file named "list.zip." at 425. at 500. ; cf. Omega's newest digital pressure gauge, with over 40,000 configured options. /* 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. In January 1998, Levin pled guilty in federal court 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). 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." See 3 F.3d at 713 (also finding relevant the fact that the "information was precisely the type specifically excluded by the district court during trial"). See 170 F.3d at 394. Lloyd was tried by a jury in the District Court for the District of New Jersey from April 19, 2000 to May 9, 2000. Maintains his innocence. '' a new trial, here Lloyd, 37, of Wilmington, Delaware uncooperative. Of DDoS tools, 701 F.2d 1052, 1064 ( 2d Cir that,. Messages on alt.sex ) ; United States v. Hillard, 701 F.2d 1052, 1064 ( 2d Cir early 1996... To W.L trial that Lloyd was fired in 1996 because he was to... Charges against him and maintains his innocence. 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