Even a rank-and-file employee who knows how to use the E-mail system could damage the employer.''. When Levin was extradited to the U.S. in 1997, he was described in the According to news reports, the earliest evidence of Melissa was in a posting 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. 1974) (per curiam) (not applying presumption to media coverage of defendant's indictment on other charges and its description of him as a "reputed underworld figure"); see also Console, 13 F.3d at 666 n.29 (distinguishing cases not applying presumption of prejudice as cases "not involv [ing] third-party contact with a juror"). The defense contended that Lloyd could not have committed the act of sabotage because he did not have direct access to the system after he was fired and because he had no motive before he was fired, as his firing was without warning. App. Gore employee on July 31, 1996, the day the Omega network crashed, that "everybody's job at Omega is in jeopardy." Nevertheless, Lloyd's jury still returned a fractured verdict (guilty on count 1, not guilty on count 2) and its deliberations lasted three days, proportionately analogous to the length of deliberations and structure of verdict in Gilsenan. ISIS is in Afghanistan, But Who Are They Really? 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. We presume that juries follow such instructions. able to intercept Citibank customers' phone calls and, as the customers As we noted in Gereau, "it is not necessary that jurors be totally ignorant about a case." 2.6M subscribers in the hacking community. It was not exactly clear why Mr. Lloyd was dismissed, but people close to the investigation said that Mr. Lloyd, who is married and has three children, had personal problems with his co-workers. After determining where the 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. federal sentencing guidelines allow for a maximum of $80 million in damages. was the first incident of its kind to affect the newly commercial internet. Access Introduction to Computer Security 1st Edition Chapter 4.6 Problem 2R solution now. That figure is expected to double this year. In a strange twist, one of the jurors came forward 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. Moreover, the defense put before the jury Ferguson's strong recommendation of Lloyd to W.L. So, r/sysadmin, what's your take? hastily laid phone lines, laptops, modems, and other gear to disseminate These tags helped at 794-796 (pointing the jury to the testimony at trial as well as documents and other physical items submitted into evidence). 1992); United States v. Perkins, 748 F.2d 1519, 1533 (11th Cir. ; cf. App. App. had committed the largest ever act of worker-related computer sabotage, causing 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. R. Evid. at 922. Experts from Ontrack Data Services analyzed copies they had made of the hard drive from Omega's file server. at 524. Gore. author of Tangled Web, a book chronicling tales of digital crime. 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. 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. And then 1993). 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.' He did so after a juror who heard the case approached the court with concerns just days after the guilty verdict was handed in. political interaction through its use of the internet. at 601-602. He was later sentenced to See id. infection, many system administrators were forced to cut off their machines United States v. Gilsenan, 949 F.2d 90, 95 (3d Cir. Since Omega makes components for clients such as NASA and the U.S. Navy, those systems were the company's rainmakers. In September 1995, Lloyd received Novell training, obtained Novell certification, and installed the Novell computer network onto Omega's computer system. First, the communications are For more accounts of notorious hacks, see the Discovery Channel's "Hackers Hall overwhelmed by the traffic. anticipated. 1984); United States v. Hillard, 701 F.2d 1052, 1064 (2d Cir. We have further recognized that a heavy "volume of incriminating evidence" also can undermine a claim of prejudice. Br. customers to make transfers to his accounts. passwords can also be gleaned from the . Notably, there was only one question that was ever asked at trial that had anything to do with the theory of remote access. 18 months. attacks, where one attacker can control tens or even hundreds of servers. conviction was short-lived. security experts dispute that claim, however. Experts said that email infected by Melissa 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. Question: I. Test, troubleshoot, and monitor aerospace systems with high precision, under even the most extreme conditions. 1990) (applying "the Remmer standard to cases of significant ex parte contacts with sitting jurors or those involving aggravated circumstances"). racking up $200,000 in bills. As an opinion from the Sixth Circuit recently stated, " [i]f courts were to permit a lone juror to attack a verdict through an open-ended narrative concerning the thoughts, views, statements, feelings, and biases of herself and all other jurors sharing in that verdict, the integrity of the American jury system would suffer irreparably." It is apparent from the record that the government put forth credible evidence incriminating Lloyd in the computer sabotage under the theory that he knew his days at Omega were numbered, and that he "planted" the "time bomb" prior to his termination at a time when he had direct access to the Omega network. We also review for abuse of discretion a district court's finding on whether the extraneous information prejudiced the defendant. Computers were Gore & Associates as evidence of his expectation of an upcoming departure from Omega. /vcT]9C"L/?[pjn2YNs!51>%\qEI$bd"9kE=)o{m^:-Vy ` L Gore employee also testified that Lloyd had asked at one point that his references at Omega not be contacted for awhile. Thus, the defense contends that because Lloyd's ultimate firing was "without warning," Br. message itself and the equipment used to post the message. TIL that after, Tim Lloyd, an 11-year employee of OMEGA got fired he unleashed a hacking "Time Bomb" within their systems. at 921. "It had a catastrophic effect on the company. /* 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. Since Omega makes components for clients such as NASA and the U.S. Navy, those systems were the company's rainmakers. of Appellant at 18, testified at trial that this "purge" was intentional, and only someone with supervisory-level access to the network could have accomplished such a feat. 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. suffered $1.7 billion in lost business and other damages. Lloyd was convicted in May 2000 of planting a software time bomb in a centralized file server at Omega. The court concluded that the "Love Bug" story caused "substantial prejudice to the rights of the accused," thereby implicating his Sixth Amendment rights. Amazon.com, ZDNet.com, E*Trade, and Excite were taken down by DDoS attacks. What happened next was that Mr. Lloyd hid a ''bomb'' inside Omega's computer network, according to investigators with the United States Secret Service, which has had jurisdiction over such cases since 1986. Included in that equipment, officials said, was a backup tape that could have allowed Omega to recover the lost files. history. 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. 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. The government contended that Lloyd. And, unlike the extraneous information in Waldorf, the "Love Bug" story is both completely unrelated and factually dissimilar to the facts of the case. in the region today. The Most Risky Job Ever. Reporting on ISIS in Afghanistan. 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. See App. FRONTLINE reports from Iraq on the miscalculations and mistakes behind the brutal rise of ISIS. Theater (EDT). 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. computer systems. Prior to Lloyd's firing, Omega did not know he had been interviewing with W.L. We may overturn the verdict and grant a new trial only if there was a substantial likelihood of prejudice. The government argued at trial that the demotion, along with the substandard performance review and raise, indicated to Lloyd that he would soon be fired, thus providing him with the motive to sabotage Omega's computer system. The extraneous information at issue here -- a media report on a computer virus totally unrelated to the "time bomb" that occurred on Omega's network -- is of a less serious nature than even the information in Waldorf and the other cases where we declined to apply the presumption of prejudice. An international group, dubbed the "Phonemasters" by the FBI, hacked into the 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. App. 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. of Wichita, Inc., 969 F.2d 919, 922 (10th Cir. Note: Pages will open in a new browser window. Please keep in mind, that the City of Brea is closed on alternate Fridays as shown on this calendar. 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. Though damage estimates vary widely, the FBI estimates that the companies 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." The Melissa virus, however, was rapacious; damages have Olson ruled out the possibility of accidental deletion because of the specificity of the commands. Most significant is the fact that the story of the "Love Bug" virus, as explained earlier, is entirely unrelated to the facts and the theories of this case. The U.S. District Court judge who tried the case overturned the conviction. The Phonemasters reportedly forwarded an FBI phone line to a sex-chat line, was replicating and infecting machines at a much faster rate than he had officials track the illegal fund transfers to St. Petersburg and finally to It was July 31, Lloyd, who had worked at Omega for 11 years, had long been a trusted employee. card numbers and personal information about customers and created telephone 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. 1987). Monday through Thursday. R. Civ. banking. researcher dubbed "The Zapatista Effect," which suggests that the very nature Morris, the son of a National Security The Phonemasters case is the first time that Title III of the Omnibus Crime Luckily, AOL "tagged" the newsgroup postings on its servers, including the On July 10, Ferguson and DiFrancesco met with Lloyd and informed him of his termination. Some Tim Lloyd, 39, of Wilmington, Del., must surrender to the U.S. federal court May 6. 60+ years of application expertise and a commitment to deliver solutions, products, and information that propel our customers forward. However, no one ever argued at trial that Lloyd committed the act of sabotage by remote access. obtain the information he needed to commit the fraudulent transactions. We independently review the record to determine if that party has met that burden. in Bridgeport, New Jersey, logged on to a computer terminal. 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. 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. John Bosanac got %PDF-1.2 % (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. A subreddit dedicated to hacking and hackers. Ernesto Zedillo, however, reportedly buckled and crashed under the pressure of the 18,000 protestors who launched FloodNet. Yahoo took The government immediately pointed the court to Federal Rule of Evidence 606(b) and recommended it conduct an informal in camera inquiry of the juror to determine whether she had been subject to extraneous information that prejudiced her. The ISP was able to provide investigators with To start, it is obvious that, for there to be any possibility of prejudice, the extraneous information must relate to one of the elements of the case that was decided against the party moving for a new trial. Three weeks after Lloyd was fired, a worker at Omega's manufacturing plant in Bridgeport, New Jersey, logged on to a computer terminal. Still, we declined to apply the presumption in that case. A jury convicted Lloyd of computer sabotage in May 2000. His trial is scheduled to begin April 20, and he is free on $25,000 bond. See Waldorf v. Shuta, 3 F.3d 705, 710 (3d Cir. According to Inglin, " [s]omebody must have" had supervisory rights in order to log on. Calvin Cantrell of Dallas was sentenced to 24 months. 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. at 601-602. 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. App. See Sealed App. 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." Where the improper publicity is of a less serious nature however, no similar presumption applies." . 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. A jury convicted Timothy Lloyd on one count of computer sabotage, a violation of federal law. preventing users from using the machines effectively, if at all. 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. Computer Emergency Response Team (CERT) issued an The defense further argued that Omega's written policy against working at home had never been enforced. App. at 500. at 710-11. Instead, the government emphasized that Lloyd only could have committed the crime before he was fired when he had direct access. 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. The government must send a message to systems managers and people in trust that there will be a day of reckoning.". On May 16, 2000, the court conducted that hearing and then repeated its questioning of the juror in front of counsel. In January 1998, Lloyd was indicted on two counts: (1) computer sabotage in violation of 18 U.S.C. It further contends that only Lloyd had each of these necessary skills and the necessary access to commit this crime. This site is protected by reCAPTCHA and the Google. In order to submit an RFQ (Request for Quote) a 2-D drawing with dimensions and tolerances and a 3-D model are required. By logging in, the worker According to published reports, Citibank's security system flagged two 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. While Omega continued in its attempts to recover this lost data, Ferguson searched for backup tapes that had been made. 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. On New Year's Eve in 1993, the day before the North American Free Trade We also find informative the District Court's instruction to the jury at the close of trial that it should only consider the evidence developed in the case. 1991); Fed. Protection Center (NIPC) issued a similar warning and offered free software Ferguson described Lloyd to W.L. See 170 F.3d at 394. ISIS' growing foothold in Afghanistan is captured on film. original message to alt.sex. (IDG) -- Tim Lloyd thought he had committed the perfect electronic crime. Corey Lindsly in Philadelphia, regarded as the mastermind, was sentenced to Prosecutors alleged Microsoft Outlook, a popular email software. the Phonemasters keystrokes as they exchanged stolen credit card numbers. Virgin Islands v. Gereau, 523 F.2d 140, 151 (3d Cir. Mr. Lloyd was dismissed from Omega on July 10, 1996, said Al DiFrancesco, Omega's director of human relations. 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. of unauthorized access devices and unauthorized access to a federal computer. Archived from the original (PDF) on 4 March 2016. ; 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). Lloyd met with DiFrancesco and Wall to discuss the matter, after which DiFrancesco realized it was time to fire Lloyd. The Secret Service said that Lloyd Agreement went into effect, the Zapatista National Liberation Army declared the App. at 921, even though several members of the jury had computer knowledge. nearly unreachable by distributed denial-of-service (DDoS) attacks. information about their uprising to the public. Zapatista rebels, the EDT launched a web attack on the Frankfurt Stock at 922. unleashed the aberrant code that instructed the system to delete the software Suite 200 Brea, CA 92821 Main 714-996-8760 Fax 714-996-8755 Email [email protected] alert that two distributed denial-of-service tools had already been installed 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. A new trial is warranted if the defendant likely suffered "substantial prejudice" as a result of the jury's exposure to the extraneous information. It argued that Omega employees were never prevented from making backup files and, in fact, they continued to back up files on their personal computers. They According to published reports, Lloyd was fired in 1996 because he was unable to get along with his co-workers. 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