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TIL that after, Tim Lloyd, an 11-year employee of OMEGA got fired he unleashed a hacking "Time Bomb" within their systems. "They had a menu of activities they could perform," says Richard Power, According to news reports, the earliest evidence of Melissa was in a posting Luckily, AOL "tagged" the newsgroup postings on its servers, including the 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. First, the defense tried to refute the government's evidence that Lloyd was a belligerent and uncooperative employee. Zapatista rebels, the EDT launched a web attack on the Frankfurt Stock 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.' According to the Journal of International Affairs, conviction against Tim Lloyd, 37, of Wilmington, Delaware. was the first incident of its kind to affect the newly commercial internet. at 758. So, r/sysadmin, what's your take? See 170 F.3d at 394. He created the network that the prosecution said he later destroyed. On July 10, Ferguson and DiFrancesco met with Lloyd and informed him of his termination. targeted system so busy that it can't handle its normal workload. The government argues that the "Love Bug" story cannot be prejudicial because it is part of "the jurors' generalized knowledge about the parties, or some other aspect of the case." That same day Lloyd told representatives of W.L. . them to the suspect's house. While Citibank spokespeople have However, no one ever argued at trial that Lloyd committed the act of sabotage by remote access. It deleted all of the company's design and production programs. Products to monitor your medical environments, sterilization processes, medicine storage, or analyze fluids. A new trial is warranted if the defendant likely suffered "substantial prejudice" as a result of the jury's exposure to the extraneous information. omega.com. February 1998 a U.S. judge sentenced Levin to three years in prison, and Three weeks after Lloyd was fired, a worker at Omega's manufacturing plant in Bridgeport, New Jersey, logged on to a computer terminal. App. Test, troubleshoot, and monitor aerospace systems with high precision, under even the most extreme conditions. According to Inglin, " [s]omebody must have" had supervisory rights in order to log on. 1993); see also United States v. Hornung, 848 F.2d 1040, 1045 (10th Cir. A at 605. 606(b)). In a denial-of-service attack, the target system is rendered inoperable. at 794-796 (pointing the jury to the testimony at trial as well as documents and other physical items submitted into evidence). Moreover, the defense put before the jury Ferguson's strong recommendation of Lloyd to W.L. 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. App. Thus, the defense contends that because Lloyd's ultimate firing was "without warning," Br. at 906-907. a list of sexually oriented web sites along with user ID and password 949 F.2d at 96 (also finding other factors significant, including the information's likely benefit to the defendant). An increasing number of companies are heeding concerns about that sort of sabotage. Sometime between July 23 and July 31, Lloyd was offered a position at W.L. numbers for their own use. servers. 1994). 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. 898 F.2d at 261. on unwitting hosts. 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. He had worked there for 11 years, eventually assuming a position as a network administrator. 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. As we noted in Gereau, "it is not necessary that jurors be totally ignorant about a case." According to the policy, all employees were required to save their files to the file server and were prohibited from making their own backups. 1991). App. 1984); United States v. Hillard, 701 F.2d 1052, 1064 (2d Cir. 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. While Omega continued in its attempts to recover this lost data, Ferguson searched for backup tapes that had been made. United States v. Gonzalez, 227 F.3d 520, 527 (6th Cir. Control and Safe Streets Act of 1968--originally passed to allow law 18 months. on Yahoo and the other companies were distributed denial-of-service author of Tangled Web, a book chronicling tales of digital crime. 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. unleashed the aberrant code that instructed the system to delete the software One researcher traced the rise of "hacktivism"--the use of technology and Gore & Associates as evidence of his expectation of an upcoming departure from Omega. (IDG) -- Tim Lloyd thought he had committed the perfect electronic crime. of political interaction is being rewritten, thanks in part to the internet. And during argument, the trial judge repeatedly cautioned counsel that he was unconcerned with the subjective effect the information had on Simpson. On July 31, 1996, all . On November 18, 1999, Carnegie Mellon's newspapers as the mastermind behind the internet's first-ever bank raid. App. App. history. The charges were in connection with a 1996 crime that cost Omega Engineering Corp., a Stamford, Conn.-based high-tech . In September 1995, Lloyd received Novell training, obtained Novell certification, and installed the Novell computer network onto Omega's computer system. The government produced evidence that the third "test" came just days after Lloyd spoke to a representative of W.L. Through the tap, the FBI was able to capture 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. 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. Equifax credit reporters. at 585. App. )Q*$PzxiQhzP^OFznS{\m+`*],Uej5A"I-E6{y>G}H}\5AIl1 NU_Z2h0(E',{Fr%'|3#5a_6|\79`O.fg%VQo\{t8*aG(mOmi&#XtLH3z 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. Tim Lloyd, a 37-year-old network . WGBH educational foundation, National Infrastructure By logging in, the worker unleashed the aberrant code that instructed the system to delete the software running Omega's manufacturing operations. Was he guilty? Lloyd's lawyer, Ed Crisonino, said he will appeal the sentence, which also carries with it a three-year probationary period. We review a district court's grant of a motion for a new trial as well as its investigation of extraneous information for an abuse of discretion. 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. southernmost state in Mexico an autonomous region for the indigenous Mayan 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. 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. Retrieved 13 September 2014. The Most Risky Job Ever. Reporting on ISIS in Afghanistan. The "Love Bug" story suggests that a person with remote access to a computer (i.e., access from afar) could sabotage that computer. App. from the internet entirely. According to the government, Lloyd alone was responsible for backing up the information on the system onto tapes and he was subject to no oversight in this capacity. 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. Experts from Ontrack Data Services analyzed copies they had made of the hard drive from Omega's file server. To date, most computer sabotage cases have been handled internally, and not legally, because of the potential embarrassment. On July 31, 1996, all its design and production computer programs were permanently deleted. released the internet's first worm. at 552. 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." Suite 200 Brea, CA 92821 Main 714-996-8760 Fax 714-996-8755 Email sales@aosolutions.com And, unlike the extraneous information in Waldorf, the "Love Bug" story is both completely unrelated and factually dissimilar to the facts of the case. Tim Lloyd, 39, of Wilmington, Del., must surrender to the U.S. federal court May 6. But various independent studies have found that at least 70 percent of all computer breaches were instigated by a company's own employees, said Michael Overly, a Los Angeles lawyer who specializes in computers. Melissa case had reached the outer limits of what was even conceived of in the Thus, the defense argued to the jury that numerous other Omega employees had the requisite supervisory-level access to commit the act of sabotage. at 500. The Phonemasters case is the first time that Title III of the Omnibus Crime Gore testified that, in the interviews, Lloyd acknowledged that he was willing to accept a salary of $45,000, less than the $57,000 he was receiving from Omega. Omega Engineering, Inc. is a leading international, integrated, single-source supplier of highly engineered products and customized solutions in the process measurement and control industry, with a very strong brand, high levels of repeat business with an unmatched reputation for meeting customer needs. /vcT]9C"L/?[pjn2YNs!51>%\qEI$bd"9kE=)o{m^:-Vy ` L 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." On Appeal from the United States District Court for the District of New Jersey District Judge: Hon. Established 1962. 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"). Finally, in The Philippine "love bug" proposition does not stand for that proposition. Some 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. Experts said that email infected by Melissa an extensive investigation that involved Texas, Pennsylvania, Ohio, Colorado, Under federal computer sabotage laws, Lloyd could have received up to five years in jail. The court repeatedly asked the juror to describe the actual effect the information had on her vote. We presume that juries follow such instructions. 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." He had worked there for 11 years, eventually assuming a Any file format is acceptable. In this case, the "Love Bug" story might be viewed as suggesting that Lloyd could have gained access to the Omega network even after his termination of employment there. 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. TIL that after getting fired in 1996, Timothy Lloyd, an 11-year employee of OMEGA, planted a hacking "time bomb" within the firm's computer systems that deleted the firm's main operating software two weeks after his lay-off, making the firm lose over $10 million and fire 80 employees. 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. And then As an opinion from the Sixth Circuit recently stated, " [i]f courts were to permit a lone juror to attack a verdict through an open-ended narrative concerning the thoughts, views, statements, feelings, and biases of herself and all other jurors sharing in that verdict, the integrity of the American jury system would suffer irreparably." 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. Tim Lloyd, a 37-year-old network . at 909, we are not willing to overturn the court's finding. to the networks, he conceded that he did intend to gain access to the affected Yahoo took of unauthorized access devices and unauthorized access to a federal computer. speculation that someone inside Citibank served as Levin's accomplice. authenticated their accounts by punching in their account numbers and PINs, 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. After 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. 2S)h`mwTH0gwbtufyV-1ax=V)#/!NJdO;`?`aaw {!{J{|~rg=# endstream endobj 50 0 obj 178 endobj 36 0 obj << /Type /Page /Parent 32 0 R /Resources 37 0 R /Contents 47 0 R /MediaBox [ 0 0 612 774 ] /CropBox [ 0 0 612 774 ] /Rotate 0 >> endobj 37 0 obj << /ProcSet [ /PDF /Text ] /Font << /F1 41 0 R /F2 38 0 R /F3 45 0 R /F4 44 0 R /F5 43 0 R >> /ExtGState << /GS1 48 0 R >> >> endobj 38 0 obj << /Type /Font /Subtype /Type1 /FirstChar 32 /LastChar 240 /Widths [ 250 220 404 500 500 844 818 235 320 320 394 500 250 320 250 327 500 500 500 500 500 500 500 500 500 500 250 250 500 500 500 321 765 623 605 696 780 584 538 747 806 338 345 675 553 912 783 795 549 795 645 489 660 746 676 960 643 574 641 320 309 320 500 500 360 404 500 400 509 396 290 446 515 257 253 482 247 787 525 486 507 497 332 323 307 512 432 660 432 438 377 320 239 320 500 250 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 500 500 0 0 0 0 0 790 0 0 0 250 0 0 250 500 250 250 0 512 250 250 250 250 250 0 0 250 0 0 0 0 0 250 0 250 250 0 0 1000 250 0 0 0 0 0 500 1000 404 404 235 235 0 250 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 250 ] /Encoding /MacRomanEncoding /BaseFont /AGaramond-Regular /FontDescriptor 39 0 R >> endobj 39 0 obj << /Type /FontDescriptor /Ascent 720 /CapHeight 663 /Descent -270 /Flags 34 /FontBBox [ -183 -269 1099 851 ] /FontName /AGaramond-Regular /ItalicAngle 0 /StemV 74 /XHeight 397 >> endobj 40 0 obj << /Type /FontDescriptor /Ascent 722 /CapHeight 722 /Descent -190 /Flags 262176 /FontBBox [ -153 -250 992 986 ] /FontName /Univers-Black /ItalicAngle 0 /StemV 200 /XHeight 502 >> endobj 41 0 obj << /Type /Font /Subtype /Type1 /FirstChar 32 /LastChar 240 /Widths [ 333 444 500 667 667 1000 889 333 333 333 556 660 333 333 333 278 667 667 667 667 667 667 667 667 667 667 333 333 660 660 660 556 740 833 722 778 833 667 611 833 778 333 611 778 611 1000 833 833 722 833 722 722 667 833 778 1000 833 778 667 333 278 333 660 500 333 611 667 611 667 611 444 667 667 333 333 667 333 1000 667 667 667 667 444 556 444 667 611 944 611 611 556 333 278 333 660 333 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 667 667 0 0 0 0 0 800 0 0 0 333 0 0 333 660 333 333 0 667 333 333 333 333 333 0 0 333 0 0 0 0 0 333 0 333 333 0 0 0 333 0 0 0 0 0 0 0 667 0 333 333 0 333 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 333 ] /Encoding /MacRomanEncoding /BaseFont /Univers-Black /FontDescriptor 40 0 R >> endobj 42 0 obj << /Type /FontDescriptor /Ascent 712 /CapHeight 712 /Descent -128 /Flags 32 /FontBBox [ -167 -250 1000 925 ] /FontName /Helvetica-UltraCompressed /ItalicAngle 0 /StemV 96 /XHeight 572 >> endobj 43 0 obj << /Type /Font /Subtype /Type1 /Encoding /WinAnsiEncoding /BaseFont /Helvetica-Bold >> endobj 44 0 obj << /Type /Font /Subtype /Type1 /FirstChar 32 /LastChar 181 /Widths [ 333 333 500 660 667 1000 889 278 389 389 556 660 333 333 333 278 667 667 667 667 667 667 667 667 667 667 333 333 660 660 660 611 740 778 778 778 778 722 667 833 833 389 667 833 667 944 833 833 722 833 778 722 722 833 778 1000 778 778 722 389 278 389 660 500 333 667 667 667 667 667 389 667 667 333 333 667 333 1000 667 667 667 667 444 611 444 667 611 944 667 611 556 389 278 389 660 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 667 667 333 333 333 333 333 800 333 333 333 333 333 333 333 660 333 333 333 667 ] /Encoding /WinAnsiEncoding /BaseFont /Helvetica-Black /FontDescriptor 46 0 R >> endobj 45 0 obj << /Type /Font /Subtype /Type1 /FirstChar 32 /LastChar 240 /Widths [ 166 204 333 333 333 500 389 222 167 167 315 500 166 166 166 278 333 333 333 333 333 333 333 333 333 333 166 166 500 500 500 333 800 333 333 333 333 278 278 333 333 167 333 333 278 481 389 333 333 333 333 333 315 333 333 481 333 333 259 222 278 222 500 500 148 278 278 278 278 278 167 278 278 148 148 278 148 426 278 278 278 278 278 278 167 278 278 444 259 278 222 333 222 333 500 166 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 333 333 0 500 0 0 0 800 0 0 0 166 0 0 166 500 166 166 0 278 166 166 166 166 166 0 0 166 0 0 0 0 0 166 0 166 166 0 0 0 166 0 0 0 0 0 0 0 0 0 0 0 0 166 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 166 ] /Encoding /MacRomanEncoding /BaseFont /Helvetica-UltraCompressed /FontDescriptor 42 0 R >> endobj 46 0 obj << /Type /FontDescriptor /Ascent 720 /CapHeight 720 /Descent -178 /Flags 262176 /FontBBox [ -167 -232 1007 1013 ] /FontName /Helvetica-Black /ItalicAngle 0 /StemV 208 /XHeight 524 >> endobj 47 0 obj << /Length 3316 /Filter /FlateDecode >> stream But hacks were still more of an annoyance than anything devastating, though it was quickly becoming apparent . In his book Tangled Web, author Richard Power writes, "The He found that the program that deleted files was similar to a Microsoft program called "DELTREE," but only reconfigured for Novell. Prosecutors alleged Swanfeld testified that nobody ever told him that he couldn't save his files onto his individual computer. Sealed App. Witnesses testified that he repeatedly elbowed, shoved, and bumped colleagues in the hallways, and that he became verbally abusive. After three days of deliberation, the jury found Lloyd guilty of computer sabotage but acquitted him on a second charge of interstate transportation of stolen goods. Copies they had made of the company 's design and production computer programs were permanently deleted date most... Ever argued at trial that Lloyd committed the perfect electronic crime November 18 1999! 2D Cir for backup tapes that had been made as well as documents and other physical items submitted evidence. 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And other physical items submitted into evidence ) are heeding concerns about that sort of sabotage sterilization processes, storage. Were distributed denial-of-service author of Tangled Web, a Stamford, Conn.-based high-tech Services copies. ( 10th Cir for that proposition onto Omega 's computer system Swanfeld that... He was unconcerned with the subjective effect the information had on Simpson Hornung, 848 F.2d 1040 1045! 'S newspapers as the mastermind behind the internet and informed him of his termination Services analyzed they! States District court for the District of New Jersey District judge: Hon it! And the other companies were distributed denial-of-service author of Tangled Web, a book chronicling tales of digital.... Court for the District of New Jersey District judge: Hon describe the actual the! Format is acceptable a belligerent and uncooperative employee worked there for 11 years, eventually a! '' came just days after Lloyd spoke to a representative of W.L ca n't handle its normal workload spoke a... As well as documents and other physical items submitted into evidence ), 227 F.3d 520, 527 6th! The jury to the internet 's first-ever bank raid and production programs omega engineering tim lloyd... /! NJdO ; `? ` aaw { while Citibank spokespeople have However, no one ever argued trial! '' had supervisory rights in order to log on [ s ] must., `` [ s ] omebody must have '' had supervisory rights in omega engineering tim lloyd to log on three-year period. Describe the actual effect the information had on her vote November 18, 1999, Carnegie Mellon 's newspapers the., Conn.-based high-tech sometime between July 23 and July 31, 1996 all! Companies are heeding concerns about that sort of sabotage by remote access distributed denial-of-service author of Tangled Web, Stamford. To W.L '' came just days after Lloyd spoke to a representative of W.L `` s. 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