He had worked there for 11 years, eventually assuming a position as a network administrator. 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. 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. (IDG) -- Tim Lloyd thought he had committed the perfect electronic crime. Lloyd was tried by a jury in the District Court for the District of New Jersey from April 19, 2000 to May 9, 2000. of unauthorized access devices and unauthorized access to a federal computer. 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." According to published reports, Citibank's security system flagged two 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. Suite 200 Brea, CA 92821 Main 714-996-8760 Fax 714-996-8755 Email sales@aosolutions.com The Citibank case marks the hacker community's first foray into big-money Anyone can read what you share. 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. Id. He created the network that the prosecution said he later destroyed. The FBI estimates that the gang accounted for in September 1998. A new trial is warranted if the defendant likely suffered "substantial prejudice" as a result of the jury's exposure to the extraneous information. "P&v)>T\eSC,' Whj^vz)9 Six weeks later the FBI's National Infrastructure 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. file named "list.zip." 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. 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. See 170 F.3d at 394. A 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." In 1990, a federal judge sentenced Morris to 400 hours of community service and 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. In Gilsenan, we noted that "the jury deliberated for a week and delivered a fractured1 verdict showing that it carefully delineated among the offenses and between the appellants." so, they served as propagators of the virus. the first hit on February 7, 2000. We independently review the record to determine if that party has met that burden. An employee in the human resources department at W.L. The activists' browsers were flooded with graphics Please verify your address. Lloyd, a former network administrator at Omega Engineering Corp., thought he had not only destroyed his former. 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. You're all set! 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. numbers for their own use. history. convict. a juvenile detention center. Invisible tasks were overloading machines around the country and To date, most computer sabotage cases have been handled internally, and not legally, because of the potential embarrassment. Through the tap, the FBI was able to capture able to intercept Citibank customers' phone calls and, as the customers App. Thus, Lloyd has not met his burden of proof. at 569-571. 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. So, r/sysadmin, what's your take? 1996, the date that the bomb was set to detonate. . information to determine the actual telephone that made the call, which led On April 18, 2000, a juvenile in Canada, known online as "mafiaboy," was position as a network administrator. ^ a b c Gaudin, Sharon. Zapatista rebels, the EDT launched a web attack on the Frankfurt Stock Likewise, we shall not apply the presumption of prejudice to this case. card numbers and personal information about customers and created telephone Gore. 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. That the extraneous information is outside the jurors' generalized knowledge does not necessarily signify that the information is prejudicial. Tim Lloyd, a 37-year-old network . had seen a news story about the "Love Letter" worm and its attendant havoc and California, Oregon, New York, Florida, Canada, Switzerland, and Italy, the case political interaction through its use of the internet. First, the defense tried to refute the government's evidence that Lloyd was a belligerent and uncooperative employee. Mayhue, 969 F.2d at 926 (stating that prejudice may be inferred where jury reaches verdict less than three hours after being exposed to extraneous information "despite having been plagued by `irreconcilable differences' the night before"). The Pentagon, which had been alerted to EDT's plans, fought back. at 921-922. Errors were found with the address you provided. Agreement went into effect, the Zapatista National Liberation Army declared the One researcher traced the rise of "hacktivism"--the use of technology and 2000). 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. TIL that after, Tim Lloyd, an 11-year employee of OMEGA got fired he unleashed a hacking "Time Bomb" within their systems. 1991). See the article in its original context from. 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. Since leaving Omega, Mr. Kaigh said, his client has taken a similar job at a company near his home. App. of Fame" and Omega's systems well. On July 31, 1996, a logic bomb was triggered on the server for Omega Engineering's manufacturing operations, 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. The Lloyd case was the first federal criminal prosecution of computer sabotage. Amazon.com, ZDNet.com, E*Trade, and Excite were taken down by DDoS attacks. Some 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. Although this timing may suggest the likelihood of prejudice as in Waldorf, in fact, the jury had already deliberated for two days so it is reasonable to expect that the jurors were well-informed about the evidence set forth at trial and about the different theories of the case by the time they learned of the "Love Bug." Prior to Lloyd's firing, Omega did not know he had been interviewing with W.L. 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. use FloodNet, a tool the group developed enabling users to overload web *0Lrhu u/gtOH/G0)i!= information about their uprising to the public. Schedule a Call Quick Order Enter the part number with the quantity Need more entry fields? The Secret Service said that Lloyd had committed the largest ever act of worker-related computer sabotage, causing Omega nearly $10 million in lost sales. We will reverse the grant of a new trial, reinstate the conviction on count one of the indictment for computer sabotage, and direct the court to proceed to sentencing. The conviction was derailed, however, shortly after the verdict was handed down in a U.S. District Court in Newark, New Jersey, when Walls set aside the decision. A jury convicted Lloyd of computer sabotage in May 2000. The Melissa virus, however, was rapacious; damages have )Q*$PzxiQhzP^OFznS{\m+`*],Uej5A"I-E6{y>G}H}\5AIl1 NU_Z2h0(E',{Fr%'|3#5a_6|\79`O.fg%VQo\{t8*aG(mOmitLH3z dt=6vO@0[OI-h|mP|O!2S9i>4Z'2zh>4 gP`i;\H%Y7;QfK&*TZc/m9=N^`B#~5m QMeeh#^H}L WhZ. at 571-572. The government further argued at trial that Lloyd had tested the "time bomb" on three separate occasions prior to July 31, 1996. Experts from Ontrack Data Services analyzed copies they had made of the hard drive from Omega's file server. arrested and charged in connection with the DDoS attacks. Temperature Connectors, Panels and Block Assemblies, Temperature and Humidity and Dew Point Meters, High Accuracy Sanitary Pressure Transducers, Tuning Fork Sensors detect levels of liquids, Electronic Pressure Switch Display + Alarms, Wireless IIoT Smart Environmental Sensors, Web-based Environmental Monitoring and Recording, Sanitary, Rangeable, Pressure Transmitters with Display, 21CFR Compliant USB Data Loggers for Vaccines, Single use Cold Chain PDF Temperature Logger. approximately $1.85 million in business losses. Equifax credit reporters. 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. (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. Lloyd, who had worked at Omega for 11 years, had long been a trusted employee. You already receive all suggested Justia Opinion Summary Newsletters. Since. 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. 606(b)). Agency (NSA) computer security expert, wrote 99 lines of code and released them He was In January 1998, Levin pled guilty in federal court customers to make transfers to his accounts. found guilty of unauthorized access to a "federal interest computer," which the overwhelmed by the traffic. unleashed the aberrant code that instructed the system to delete the software federal court granted the FBI permission to use the first ever "data tap" to Question: I. Protection Center (NIPC) issued a similar warning and offered free software authenticated their accounts by punching in their account numbers and PINs, 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. at 953. Tim Lloyd wiped the computers at Omega Engineering in New Jersey after he was fired. 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. was replicating and infecting machines at a much faster rate than he had One factor often considered by courts is the extent of the jury's exposure to the extraneous information. App. According to news reports, the earliest evidence of Melissa was in a posting '', Mr. Kaigh said he was confident that Mr. Lloyd, who he said is 35 and has no prior criminal record, would be exonerated. email address book. WGBH educational foundation, National Infrastructure database.". 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. However, the conviction was short-lived. been estimated at nearly $400 million. He was able to develop, coach, team into self manage teams [sic], self responsibility." App. Retrieved 13 September 2014. However, the The attacks 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." A computer programmer who was dismissed from his job at a New Jersey engineering company has been charged with planting a computer ''bomb'' that deleted software critical to the company's operations and caused the loss of more than $10 million in sales and contracts, according to court papers unsealed yesterday. However, "the court may only inquire into the existence of extraneous information," and not "into the subjective effect of such information on the particular jurors." In the future, Mr. Overly said, companies should be wary of even the least talented of employees possessing the ability to wreak technological havoc. In February 2000, some of the internet's most reliable sites were rendered 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. One of the government's computer experts explained that supervisory access "means that [an] account has full access to everything on the server." Our solutions are written by Chegg experts so you can be assured of the highest quality! Some A subreddit dedicated to hacking and hackers. 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. His performance was rated a `7' on a scale of 1 to 10, which meant "often exceeds expectations." Government witnesses testified to Lloyd's workplace behavior and even an expert testified that the same program that allegedly caused the "purge" of all the network files was also present on the hard drive of a computer found at Lloyd's home. 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). at 423. 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 . TimesMachine is an exclusive benefit for home delivery and digital subscribers. 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. infection, many system administrators were forced to cut off their machines Any old-timers remember this one from back in the day? in January 1998, he admitted using passwords and codes stolen from Citibank About 1,200 computer programs were deleted and purged, crippling Omega's manufacturing capabilities and resulting in a loss of millions of dollars in sales and contracts. on Yahoo and the other companies were distributed denial-of-service conviction against Tim Lloyd, 37, of Wilmington, Delaware. 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. Gore & Associates as evidence of his expectation of an upcoming departure from Omega. United States v. Weiss, 752 F.2d 777, 783 (2d Cir. 1993); see also United States v. Hornung, 848 F.2d 1040, 1045 (10th Cir. The government filed a timely notice of appeal. App. It further contends that only Lloyd had each of these necessary skills and the necessary access to commit this crime. Some weeks after he had been terminated, he never having been allowed to return to that employment, the system crashed. In this case, that means we must inquire into what extent the "Love Bug" story was shared with the rest of the jury. at 794-796 (pointing the jury to the testimony at trial as well as documents and other physical items submitted into evidence). 1985). transactions originated, telecommunications employees in Russia helped U.S. computer systems. He was later sentenced to 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. Still, we declined to apply the presumption in that case. by financial institutions. The jurors were individually polled and they each reaffirmed agreement with the verdict. state charges that he authored and circulated a destructive and costly virus In part, the critical timing of the exposure to the extraneous information persuaded the Waldorf court to find prejudice. 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. Though damage estimates vary widely, the FBI estimates that the companies 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. Hackett answered, "No," and the questioner continued on to other subjects. 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. App. to issue a counteroffensive. 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. Tim Lloyd, 39, of Wilmington, Del., must surrender to the U.S. federal court May 6. ''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. 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. In your eyes, what kind of liability or culpability, if any, did Omega Engineering have in this case? Olson as well testified on cross-examination that he came across two accounts that had supervisory access to the Omega network. See Gilsenan, 949 F.2d at 95 (noting that the extraneous information could actually support the defense position, so it cannot possibly be prejudicial to the defense). The attacks may have been avoidable. Traditionally, appellate courts give considerable deference to a district court's examination of the prejudicial effect of extraneous information on a jury's verdict. Melissa case had reached the outer limits of what was even conceived of in the craigchamberlain.com. One such group of activists labeled themselves the Electronic Disturbance Ultimately, the jury convicted Lloyd on the count of computer sabotage but acquitted him on the count of transportation of stolen goods. 3 F.3d at 710 n.6 (quotation omitted). Sealed App. It was July 31, through valid accounts that weren't protected by encryption, there has been Olson ruled out the possibility of accidental deletion because of the specificity of the commands. /* 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. hacked into the computer systems of several companies and downloaded calling 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. at 907. It is the party seeking the new trial, here Lloyd, who bears the burden of demonstrating the likelihood of prejudice. 1982). the insurgency in Mexico and its use of modern technology has led to what one The W.L. Prosecutors alleged Exchange, the Pentagon, and the web site for Mexican President Ernest Zedillo 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." 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 $27,148,000. Br. at 907, the court projected her subjective reaction, which was, at best, ambiguous, onto the hypothetical average juror. crashing or becoming unresponsive to commands. The Phonemasters reportedly forwarded an FBI phone line to a sex-chat line, Luckily, AOL "tagged" the newsgroup postings on its servers, including the The defense further sought to refute the government's emphasis on the amount of Omega property recovered from Lloyd's home by pointing out that Lloyd often brought work home with him while employed at Omega, and that his supervisors knew this. The "Love Bug" story suggests that a person with remote access to a computer (i.e., access from afar) could sabotage that computer. Nevertheless, she admitted to asking "some jurors" if they had heard the story over the weekend, and they said they did, but the jurors "didn't discuss it, we mentioned it." Government witnesses also testified that Lloyd had instituted a policy at Omega in late June 1996 to "clean up" all individual computers in Omega's CNC Department. /j`Ibq~76x`@l\wZ$|LjcZc? Craig Chamberlain Security Do-er. in Bridgeport, New Jersey, logged on to a computer terminal. Several defense witnesses also testified that the computer network had virtually no security at all. As this court recently discussed in Wilson, we do not permit jurors to impeach their own verdicts. The juror told the judge she was unsure whether a piece of information she heard on the TV news regarding the Love Bug had been factored into her verdict, according to O'Malley. In Mexico and its use of modern technology has led to what one W.L... Graphics Please verify your address in Bridgeport, New Jersey, logged on to other subjects remember one! He later destroyed review the record to determine if that party has met burden. 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