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. targeted system so busy that it can't handle its normal workload. ''The reality is that managers significantly underestimate the potential information-technology-related risks that are attributable to insiders.''. at 758. FRONTLINE reports from Iraq on the miscalculations and mistakes behind the brutal rise of ISIS. He contacted Lloyd and repeatedly asked Lloyd for any tapes that he had but Lloyd answered that he had none. Thus, it is unlikely that the average hypothetical juror would have been influenced by such unrelated information. at 229. See, e.g., Mayhue v. St. Francis Hosp. 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." at 425. Any file format is acceptable. Id. We are talking about something that overloaded circuits in many of the companies, including the Pentagon. servers. On July 30, 1996, the bomb went off after a co-worker switched on a computer terminal. combinations, downloaded the file and ran the program it contained. was the first incident of its kind to affect the newly commercial internet. 3 F.3d at 713. See Sealed App. . Our solutions are written by Chegg experts so you can be assured of the highest quality! A decision is expected by late March 2001. On New Year's Eve in 1993, the day before the North American Free Trade Tim Lloyd wiped the computers at Omega Engineering in New Jersey after he was fired. a $10,000 fine. How to test a thermocouple with a meter (grounded & ungrounded). "They had a menu of activities they could perform," says Richard Power, unleashed the aberrant code that instructed the system to delete the software We have further recognized that a heavy "volume of incriminating evidence" also can undermine a claim of prejudice. For more accounts of notorious hacks, see the Discovery Channel's "Hackers Hall 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). 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. Likewise, we shall not apply the presumption of prejudice to this case. He was indicated that Levin gained access to the company's cash management system of his computer activity. You're all set! See Bertoli, 40 F.3d at 1393; Mayhue, 969 F.2d at 922. activists. However, in light of the significant dissimilarities between the "Love Bug" and the "time bomb," the court's conclusion that the average juror would "use" the information at all cannot be sustained. 949 F.2d at 96. by financial institutions. Tim Lloyd, a 37-year-old network . 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. 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." 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 service. See Waldorf v. Shuta, 3 F.3d 705, 710 (3d Cir. Lloyd met with DiFrancesco and Wall to discuss the matter, after which DiFrancesco realized it was time to fire Lloyd. 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. See id. of Fame" and Agency (NSA) computer security expert, wrote 99 lines of code and released them /j`Ibq~76x`@l\wZ$|LjcZc? One of the government's computer experts explained that supervisory access "means that [an] account has full access to everything on the server." Lloyd knew Omega's systems well. Olson further testified that he had reason to believe July 30, 1996 was the trigger date that set off the actual deletion of files. Computers were 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 November 18, 1999, Carnegie Mellon's A subreddit dedicated to hacking and hackers. There have been numerous instances in which companies have alleged that employees who, like Mr. Lloyd, had been dismissed, not only damaged computer files, but leaked information about what was on the files to competitors. at 909, we are not willing to overturn the court's finding. at 679. overwhelmed by the traffic. information to determine the actual telephone that made the call, which led Food applications require highly accurate sensing and data collection products to maintain a seamless process that is clean, properly monitored and compliant. On January 18, 2001, the 16-year-old computer hacker However, the conviction was short-lived. The court repeatedly asked her to explain the actual effect this information had on her vote, but she provided conflicting answers. David L. Smith, 30 years old at the time, said he named the virus after an As we noted in Gereau, "it is not necessary that jurors be totally ignorant about a case." 33 0 obj << /Linearized 1 /O 36 /H [ 918 284 ] /L 38509 /E 9420 /N 8 /T 37731 >> endobj xref 33 18 0000000016 00000 n 0000000724 00000 n 0000000779 00000 n 0000001202 00000 n 0000001356 00000 n 0000001503 00000 n 0000002361 00000 n 0000002568 00000 n 0000002775 00000 n 0000003623 00000 n 0000003838 00000 n 0000003947 00000 n 0000004736 00000 n 0000005588 00000 n 0000005799 00000 n 0000009191 00000 n 0000000918 00000 n 0000001181 00000 n trailer << /Size 51 /Info 31 0 R /Encrypt 35 0 R /Root 34 0 R /Prev 37721 /ID[] >> startxref 0 %%EOF 34 0 obj << /Type /Catalog /Pages 32 0 R >> endobj 35 0 obj << /Filter /Standard /V 1 /R 2 /O (ujQ\)5{sw lR) /U (#L_I-gx'K* ]) /P -4 >> endobj 49 0 obj << /S 164 /Filter /FlateDecode /Length 50 0 R >> stream Equifax credit reporters. 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. Corey Lindsly in Philadelphia, regarded as the mastermind, was sentenced to convict. One such group of activists labeled themselves the Electronic Disturbance William H. Walls, the judge who presided over the case, told Lloyd, "What you did not only affected the company but the people who worked there. And then Question: I. 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. Yet, as this court stated in Waldorf, " [i]n some cases the publicity that occurs is so fundamentally prejudicial that actual prejudice is presumed as a matter of law. 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. Sometime between July 23 and July 31, Lloyd was offered a position at W.L. Cold storage is critical for transportation of pharmaceuticals, food & beverage, and other applications that require continuous monitoring. The Secret Service said that Lloyd authenticated their accounts by punching in their account numbers and PINs, App. External sites are not endorsed by CNN Interactive. Hackett answered, "No," and the questioner continued on to other subjects. The U.S. District Court judge who tried the case overturned the Nine former Omega employees testified that they never had any problems with Lloyd and that Lloyd was always very professional. Retrieved 13 September 2014. In response, Omega tried to hire locally-based programmers to recover the lost programs but these efforts proved futile. 1991) (stating that " [i]n determining whether [the juror's] misconduct warrants a new trial, our inquiry is limited to the admissible portions of the declarations"). 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. and on EDT's web site, participants in the online "sit-in" were instructed to messages on alt.sex. Though the rebels are under constant surveillance by the authorities, they use Archived from the original (PDF) on 4 March 2016. R. Evid. to issue a counteroffensive. See 170 F.3d at 394. in southern Mexico. See 170 F.3d at 394. The attacks may have been avoidable. Therefore, our analysis must proceed further. Since leaving Omega, Mr. Kaigh said, his client has taken a similar job at a company near his home. Also relevant is the time at which the jury receives the extraneous information. 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. 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. Through the tap, the FBI was able to capture the insurgency in Mexico and its use of modern technology has led to what one 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. Here, Simpson was exposed to the "Love Bug" story over the course of the weekend that preceded the jury's final day of deliberations. We presume that juries follow such instructions. through valid accounts that weren't protected by encryption, there has been Anyone can read what you share. United States v. Thornton, 1 F.3d 149, 156 (3d Cir. ''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. Olson testified that the "time bomb" had been tested on February 21, 1996, on April 21, 1996, and on May 30, 1996. Still, we declined to apply the presumption in that case. Witnesses testified that he repeatedly elbowed, shoved, and bumped colleagues in the hallways, and that he became verbally abusive. 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. /vcT]9C"L/?[pjn2YNs!51>%\qEI$bd"9kE=)o{m^:-Vy ` L Sealed App. 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. He had worked there for 11 years, eventually assuming a App. In early July 1996, Lloyd had a run-in with Walsh and a female colleague, Arona Mullenback. Br. We have jurisdiction pursuant to 18 U.S.C. App. You may call 714-990-7691 for appointments. Please verify your address. The attacks 1983); United States v. Bassler, 651 F.2d 600, 603 (8th Cir. ordered him to pay Citibank $240,000. anticipated. Ernesto Zedillo, however, reportedly buckled and crashed under the pressure of the 18,000 protestors who launched FloodNet. conviction against Tim Lloyd, 37, of Wilmington, Delaware. at 601-602. App. P. 714.257.4800 F. 714.257.4810; E. info@schydraulic.com; SC Hydraulic Engineering Corp. 1130 Columbia Street, Brea, CA 92821 Moreover, the defense put before the jury Ferguson's strong recommendation of Lloyd to W.L. 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. 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. banking. couldn't decide whether the story had had an effect on her decision to convict 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. Though the Melissa virus reportedly caused nearly $400 million in damages, Lloyd did not testify. racking up $200,000 in bills. Constructive collaboration and learning about exploits preventing users from using the machines effectively, if at all. Contact M.R. ISIS' growing foothold in Afghanistan is captured on film. 3 F.3d at 710 n.6 (quotation omitted). 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." at 707. App. Zapatista rebels, the EDT launched a web attack on the Frankfurt Stock Gore on June 5, 1996, June 21, 1996, and again on July 23, 1996, two weeks after he was fired from Omega. on Yahoo and the other companies were distributed denial-of-service Since Omega makes components for clients such as NASA and the U.S. Navy, those systems were the company's rainmakers. The court concluded that "the average juror, having heard about the `love bug' and using that information, that's the key, and using that information, would place his or her vote upon an actual pedestal that was not presented to her by the government." (IDG) -- Tim Lloyd thought he had committed the perfect electronic crime. Tampering with the system: In 1996, newly-fired Omega Engineering Corp. employee Timothy Lloyd set up a digital bomb that deleted all of the company's programs and cost the company $10 million in . at 601-602. We note that Lloyd's brief on appeal fails to address these issues, and instead concentrates on the Sixth Amendment's protection of the right of confrontation and cross- examination, issues we believe are not raised by the circumstances here. of the requests from EDT activists were redirected to a Java applet programmed The defense further argued that Omega's written policy against working at home had never been enforced. Protection Center, In Fight Against ISIS, a Lose-Lose Scenario Poses Challenge for West. Some In August and September 1996, Omega continued to seek a solution, hiring a variety of programmers in hopes of recovering the lost data. When Levin pled guilty While Omega continued in its attempts to recover this lost data, Ferguson searched for backup tapes that had been made. was replicating and infecting machines at a much faster rate than he had App. Mold & Engineering. Tim Lloyd, 39, of Wilmington Del., must now surrender to the U.S. Federal Court May 6. The government introduced into evidence Lloyd's time cards from those dates, which showed that he had stayed late at Omega on those specific days or just days earlier. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! 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." 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. Add to Cart Featured Categories HANI self-replicating, sending email to as many as 50 correspondents in the user's (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. The Phonemasters case is the first time that Title III of the Omnibus Crime The Citibank case marks the hacker community's first foray into big-money 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. crashing or becoming unresponsive to commands. The company's corporate headquarters is . The court noted that "a more critical moment would have been difficult to find." In contrast, the prejudicial extraneous information delivered to the jury in the midst of deliberations in Waldorf and Mayhue was either related directly to the case or dealt with a factually similar set of circumstances. Lloyd's lawyer, Ed Crisonino, said he will appeal the sentence, which also carries with it a three-year probationary period. Although they failed to recover the programs, the Ontrack experts concluded that the programs had been not only deleted but also "purged." ", "This was a devious and calculated act," said prosecutor V. Grady O'Malley. ; 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). , Delaware 31, Lloyd did not testify \qEI $ bd '' )... Sealed App computer hacker However, the conviction was short-lived 37, Wilmington. With a meter ( grounded & ungrounded ) early July 1996, the bomb went off after co-worker! 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