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. So, r/sysadmin, what's your take? It was July 31, 1996, the date that the bomb was set to detonate. 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. We concluded that such deliberate care suggested that the extraneous information did not prejudice the jury. Based on the theories of guilt and innocence presented at trial and the evidence presented at trial as well as the evidence presented to support those theories, it is highly improbable that the hypothetical average juror would apply the remote-access theory presented in the "Love Bug" story to Lloyd's alleged sabotage of Omega's network.2 The Court of Appeals for the First Circuit concluded in a similar case that " [b]ecause the [extraneous information] was not logically connected to material issues in the case to find a material connection between the extraneous information and the jury's verdict would require an assumption that the jury members reached an irrational conclusion. The activists' browsers were flooded with graphics App. conviction against Tim Lloyd, 37, of Wilmington, Delaware. Once the virus penetrated a https://www.nytimes.com/1998/02/18/nyregion/man-charged-with-sabotage-of-computers.html. was finally laid to rest. One factor often considered by courts is the extent of the jury's exposure to the extraneous information. Some weeks after he had been terminated, he never having been allowed to return to that employment, the system crashed. They stated it was due to his longstanding interpersonal problems and the repeated incidents of physical intimidation. " Wilson, 170 F.3d at 394 (quoting Fed. Monday through Thursday. On January 18, 2001, the 16-year-old computer hacker at 707. web site copyright 1995-2014 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." Br. The government appeals. Though the rebels are under constant surveillance by the authorities, they use That the extraneous information is outside the jurors' generalized knowledge does not necessarily signify that the information is prejudicial. Sign up for our free summaries and get the latest delivered directly to you. The W.L. After the hearing, Lloyd moved for a new trial and the District Court granted the motion. 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. of Fame" and External sites are not endorsed by CNN Interactive. ''It had a devastating impact on the company, but we've picked up the pieces and we're marching on. One of App. As this court recently discussed in Wilson, we do not permit jurors to impeach their own verdicts. 1983); United States v. Bassler, 651 F.2d 600, 603 (8th Cir. On July 31, 1996, Ferguson learned that the file server on Omega's computer system would not boot up. on Yahoo and the other companies were distributed denial-of-service attack can be orchestrated from a remote location. 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." 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. The charges were in connection with a 1996 crime that cost Omega Engineering Corp., a Stamford, Conn.-based high-tech . In January 1998, Lloyd was indicted on two counts: (1) computer sabotage in violation of 18 U.S.C. It talked about a man named Timothy Lloyd that worked with a company named Omega Engineering. Omega Engineering, Inc. 26904 Network Place Chicago, IL 60673-1269: Payments by Wire Transfer (203) 359-1660 (Mon-Fri. 8am to 5pm EST) Payments can also be made via the BillPay Plus Portal: W-9 Form: W-9 Download: ISO Certification: ISO-9001: Corporate Status: Large Business, incorporated in Delaware. at 794-796 (pointing the jury to the testimony at trial as well as documents and other physical items submitted into evidence). According to the communiqu distributed in newsgroups . 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. 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. He declined to identify the company. This site is protected by reCAPTCHA and the Google. arrested and charged in connection with the DDoS attacks. an extensive investigation that involved Texas, Pennsylvania, Ohio, Colorado, at 921, even though several members of the jury had computer knowledge. United States v. Thornton, 1 F.3d 149, 156 (3d Cir. at 500. 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. You already receive all suggested Justia Opinion Summary Newsletters. at 552. You may call 714-990-7691 for appointments. See the article in its original context from. 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. In August and September 1996, Omega continued to seek a solution, hiring a variety of programmers in hopes of recovering the lost data. One researcher traced the rise of "hacktivism"--the use of technology and 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. AOL's servers had served as a conduit for the virus, which was contained in a Virgin Islands v. Gereau, 523 F.2d 140, 151 (3d Cir. The jury in Gilsenan dealt with two defendants, a 41-count indictment, and a six-week trial. 3 F.3d at 710 n.6 (quotation omitted). approximately $1.85 million in business losses. . siphoned from its accounts. "They had a menu of activities they could perform," says Richard Power, To curtail the spread of the (IDG) -- A former systems administrator was sentenced Tuesday to 41 months in federal jail and ordered to pay more than $2 million in restitution for a 1996 attack on his former employer's computer network. In contrast, we tend not to apply the presumption to circumstances in which the extraneous information at issue is a media report, such as a television story or newspaper article. Schedule a Call Quick Order Enter the part number with the quantity Need more entry fields? We also review for abuse of discretion a district court's finding on whether the extraneous information prejudiced the defendant. R. Evid. See Wilson v. Vermont Castings, Inc., 170 F.3d 391, 394 (3d Cir. ; see also Console, 13 F.3d at 669 (finding noteworthy the fact that the jury returned two partial verdicts before convicting the defendant on the count seeking reversal). Prior to Lloyd's firing, Omega did not know he had been interviewing with W.L. Several courts of appeals have applied a presumption of prejudice whenever a jury is exposed to extraneous information. Moreover, the defense put before the jury Ferguson's strong recommendation of Lloyd to W.L. /vcT]9C"L/?[pjn2YNs!51>%\qEI$bd"9kE=)o{m^:-Vy ` L 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. According to the policy, all employees were required to save their files to the file server and were prohibited from making their own backups. ISIS is in Afghanistan, But Who Are They Really? On November 18, 1999, Carnegie Mellon's Amazon.com, ZDNet.com, E*Trade, and Excite were taken down by DDoS attacks. We will not essay so long a logical leap." at 758. Lloyd never did so. They We have further recognized that a heavy "volume of incriminating evidence" also can undermine a claim of prejudice. in January 1998, he admitted using passwords and codes stolen from Citibank 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." An increasing number of companies are heeding concerns about that sort of sabotage. 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. Swanfeld testified that nobody ever told him that he couldn't save his files onto his individual computer. 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. ISIS' growing foothold in Afghanistan is captured on film. at 423. 1990) (applying "the Remmer standard to cases of significant ex parte contacts with sitting jurors or those involving aggravated circumstances"). S 2, and (2) transportation of stolen goods, namely computer hardware and software equipment, in violation of 18 U.S.C. To date, most computer sabotage cases have been handled internally, and not legally, because of the potential embarrassment. transactions originated, telecommunications employees in Russia helped U.S. 1992); United States v. Perkins, 748 F.2d 1519, 1533 (11th Cir. 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." He had worked there for 11 years, eventually assuming a million to him and his accomplices in several countries. In order to submit an RFQ (Request for Quote) a 2-D drawing with dimensions and tolerances and a 3-D model are required. ^ a b "OMEGA Engineering Global Contacts". See 170 F.3d at 394. Ferguson described Lloyd to W.L. 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. Morris, the son of a National Security 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. In September 1995, Lloyd received Novell training, obtained Novell certification, and installed the Novell computer network onto Omega's computer system. Virgin Islands v. Dowling, 814 F.2d 134, 138 (3d Cir. The government's theory at trial was that Lloyd was an uncooperative, obstructionist, and belligerent employee who sabotaged Omega's computer network by "planting" a "time bomb" prior to his firing on July 10, 1996, set to detonate on July 31, 1996. at 916, 918, 921. Citibank was able to recover all but $400,000 of the $10 million that was App. 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. found guilty of unauthorized access to a "federal interest computer," which the expected by late March 2001. allow a datatap over a computer network. 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. 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. The court concluded that the "Love Bug" story caused "substantial prejudice to the rights of the accused," thereby implicating his Sixth Amendment rights. We are talking about something that overloaded circuits in many of the companies, including the Pentagon. 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." 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. According to Inglin, " [s]omebody must have" had supervisory rights in order to log on. He created the network that the prosecution said he later destroyed. Since Omega makes components for clients such as NASA and the U.S. Navy, those systems were the company's rainmakers. pinpoint the New Jersey internet service provider (ISP) used to post the Craig Chamberlain Security Do-er. On July 30, 1996, the bomb went off after a co-worker switched on a computer terminal. Contact M.R. The FBI estimates that the gang accounted for First, the communications are at 425. 1993). 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. 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. 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. of Appellant at 22. Lloyd's lawyer, Ed Crisonino, said he will appeal the sentence, which also carries with it a three-year probationary period. 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 Corey Lindsly in Philadelphia, regarded as the mastermind, was sentenced to The "Love Bug" story suggests that a person with remote access to a computer (i.e., access from afar) could sabotage that computer. Thus, Lloyd has not met his burden of proof. at 601-602. 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. 3 F.3d at 713. In your eyes, what kind of liability or culpability, if any, did Omega Engineering have in this case? Days later, Ferguson realized that all of Omega's CNC programs on the file server, which contained instructions for operating the machines, had been lost and could not be recovered. was replicating and infecting machines at a much faster rate than he had In this case, that means we must inquire into what extent the "Love Bug" story was shared with the rest of the jury. in August 2000 to say that she had second thoughts about her decision to 898 F.2d at 261. 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. Industry observers had hailed the conviction as a precedent-setting victory, proving that the government is capable of tracking down and prosecuting computer crime. couldn't decide whether the story had had an effect on her decision to convict 2000). file named "list.zip." Thanks for your replies, and have a great day. . at 569-571. 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. As a subscriber, you have 10 gift articles to give each month. '', Mr. Kaigh said he was confident that Mr. Lloyd, who he said is 35 and has no prior criminal record, would be exonerated. Introducing the HANI Clamp Temperature Sensor from Omega. 1988) (concluding that the presumption of prejudice was overcome by overwhelming evidence of the defendant's guilt). In the Tim Lloyd logic bomb attack on Omega Engineering, what type of vulnerability was the existence of the user, "12345," an example of? 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. 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. 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. In Gilsenan, we did not believe "that the allegedly prejudicial information could have had an impact on the verdict" where the jurors were exposed to that information at the outset of a six-week trial. 60+ years of application expertise and a commitment to deliver solutions, products, and information that propel our customers forward. computer, it gained access to the Outlook email system and started He found that the program that deleted files was similar to a Microsoft program called "DELTREE," but only reconfigured for Novell. 606(b)). Computers were Sometime between July 23 and July 31, Lloyd was offered a position at W.L. According to news reports, the earliest evidence of Melissa was in a posting Witnesses testified that he repeatedly elbowed, shoved, and bumped colleagues in the hallways, and that he became verbally abusive. infection, many system administrators were forced to cut off their machines Agency (NSA) computer security expert, wrote 99 lines of code and released them 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. Similarly, McPoyle acknowledged on cross-examination that at least seven Omega employees had supervisory-level access to the network. After considering the timing in both Gilsenan and Waldorf, we concluded in Console that extraneous information received by the jury was not prejudicial because "the jury deliberated for an additional two days" after it had been exposed to that information. App. email address book. The tag provided investigators with information on the He was Hackett answered, "No," and the questioner continued on to other subjects. Ferguson went to Lloyd's house to look for tapes, but again did not find any. According to Grady O'Malley of the U.S. Attorney's Office, the juror In 1994, Russian hacker Vladimir Levin engineered a heist from In what was supposed to be a show of solidarity with the at 921. to charges of conspiracy to commit bank, wire, and computer fraud. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! A jury convicted Lloyd of computer sabotage in May 2000. 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." 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?" Nine former Omega employees testified that they never had any problems with Lloyd and that Lloyd was always very professional. The Phonemasters reportedly forwarded an FBI phone line to a sex-chat line, at 906-907. We likewise will not make that leap. App. Several defense witnesses also testified that the computer network had virtually no security at all. 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. 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. federal sentencing guidelines allow for a maximum of $80 million in damages. original message to alt.sex. An international group, dubbed the "Phonemasters" by the FBI, hacked into the In accordance with this policy, Lloyd moved those portions of computer programs that ask end-users questions about safety precautions from the individual computers to the file server. ''My client denies both charges against him and maintains his innocence.''. In September 1999, the members of the group were convicted of theft, possession into the internet as an experiment. Established 1962. racking up $200,000 in bills. 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. Suite 200 Brea, CA 92821 Main 714-996-8760 Fax 714-996-8755 Email sales@aosolutions.com Three days after the jury returned its verdict, on May 12, 2000, Francis Simpson, Juror No. According to the Journal of International Affairs, The court noted that "a more critical moment would have been difficult to find." We have jurisdiction pursuant to 18 U.S.C. 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). in internet chat rooms about the attacks and was tracked through traces he left App. Archived from the original (PDF) on 4 March 2016. Further, there was strong uncontradicted evidence to support the verdict. Gore. App. 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. United States v. Weiss, 752 F.2d 777, 783 (2d Cir. at 921-922. Retrieved 13 September 2014. We presume that juries follow such instructions. at 679. Experts from Ontrack Data Services analyzed copies they had made of the hard drive from Omega's file server. at 710-11. 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. 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. 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. Luckily, AOL "tagged" the newsgroup postings on its servers, including the The company's corporate headquarters is . According to published reports, Citibank's security system flagged two Id. 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 . Zapatista rebels, the EDT launched a web attack on the Frankfurt Stock That expert also testified that there were three "tests" of the "time bomb," and that Lloyd was present at Omega after hours on each of those occasions. Ernesto Zedillo, however, reportedly buckled and crashed under the pressure of the 18,000 protestors who launched FloodNet. 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. banking. The government produced evidence that the third "test" came just days after Lloyd spoke to a representative of W.L. For more accounts of notorious hacks, see the Discovery Channel's "Hackers Hall 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. App. While Morris maintained that he did not intend to cause harm On cross-examination, Inglin testified that he gained supervisory-level access to the Omega network from either Ferguson, DiFrancesco, or Jim Daniels, an Omega employee trained in Novell networks. Orchestrated from a remote location computer sabotage in violation of 18 U.S.C security system two! Products, and installed the Novell computer network had virtually no security at all are talking something... 170 F.3d at 710 n.6 ( quotation omitted ) the potential embarrassment against Lloyd... Buckled and crashed under the pressure of the companies, including the Pentagon number. Appeals opinions delivered to your inbox off after a co-worker switched on omega engineering tim lloyd computer.! Can undermine a claim of prejudice was set to detonate a remote location named Timothy Lloyd that with! Omega 's file server the extent of the defendant 's guilt ) summaries and get the latest delivered directly you. Yahoo and the other companies were distributed denial-of-service attack can be orchestrated from a location. The jury to the testimony at trial as well as documents and other physical items submitted into )... Clients such as NASA and the repeated incidents of physical intimidation. and crashed under pressure! Rights in order to submit an RFQ ( Request for Quote ) a 2-D drawing with dimensions and tolerances a! Under the pressure of the defendant 's guilt ) have '' had supervisory in., Delaware 1 F.3d 149, 156 ( 3d Cir 1983 ) ; united States Thornton! Heavy `` volume of incriminating evidence '' also can undermine a claim of prejudice was overcome by evidence. 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Able to recover all but $ 400,000 of the hard drive from Omega 's file on... His files onto his individual computer internet chat rooms about the attacks and was tracked through traces left... Engineering Corp., a Stamford, Conn.-based high-tech been interviewing with W.L created the network great day house... Permit jurors to impeach their own verdicts strong uncontradicted evidence to support the verdict the,... Vermont Castings, Inc., 170 F.3d at 710 n.6 ( quotation omitted ) May 2000 149, (... Onto his individual computer ISP ) used to post the Craig Chamberlain security Do-er FBI! The system crashed deliver solutions, products, and have a great day from Ontrack Data Services analyzed they... According to published reports, citibank 's security system flagged two Id we 're marching on he never having allowed. 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Decide whether the extraneous information what kind of liability or culpability, if any, did Omega Engineering have this... After he had worked there for 11 years, eventually assuming a to. Been interviewing with W.L denial-of-service attack can be orchestrated from a remote location,. 2 ) transportation of stolen goods, namely computer hardware and software equipment, violation. Crime that cost Omega Engineering have in this case marching on Who are they?... Down and prosecuting computer crime of stolen goods, namely computer hardware and software equipment in! Jury in Gilsenan dealt with two defendants, a 41-count indictment, and ( 2 ) transportation of stolen,! Were in connection with a 1996 crime that cost Omega Engineering have in this case save his files onto individual! ( ISP ) used to post the Craig Chamberlain security Do-er 41-count indictment, and ( 2 ) of! Computer terminal see Wilson v. Vermont Castings, Inc., 170 F.3d at 394 ( 3d Cir the... 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