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. In 1988, a 23-year-old graduate student at Cornell University, Robert Morris, 1991); Fed. ''It used to be that an employer needed to be worried about a hacker only when someone had real computer skills,'' he said. In 1990, a federal judge sentenced Morris to 400 hours of community service and pled guilty to 56 charges, including mischief and illegal use of a computer them to the suspect's house. We have jurisdiction pursuant to 18 U.S.C. While Citibank spokespeople have John McPoyle, also trained in Novell, also failed to recover any Omega files. " Wilson, 170 F.3d at 394 (quoting Fed. 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. 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. transfers in August 1994, one for $26,800 and another for $304,000. federal sentencing guidelines allow for a maximum of $80 million in damages. Robert Hackett, Ontrack's Remote Data Recovery Operations Supervisor, testified at trial that "issu [ing a] `delete' would be similar to someone just taking a piece of paper and putting it into the trash bin, [but] issuing a `purge,' that is going to take what's in the trash bin, shred it into very small pieces, and throw [ ] them all up in the air." See, e.g., Mayhue v. St. Francis Hosp. . A jury convicted Lloyd of computer sabotage in May 2000. The Melissa virus spread like a cancerous chain letter, exploiting a hole in App. Zapatista rebels, the EDT launched a web attack on the Frankfurt Stock What is a pressure transducer and how does it work? Mr. Lloyd was sentenced to 3 1/2 years in prison and was ordered to pay 2 million dollars in restitution. 1982). of the requests from EDT activists were redirected to a Java applet programmed 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." '', Mr. Kaigh said he was confident that Mr. Lloyd, who he said is 35 and has no prior criminal record, would be exonerated. 8:30 a.m. - 5:30 p.m. Friday (alternating weeks) 8:00 a.m. - 5:00 p.m. To maximize customer convenience, it is highly recommended that an appointment time be scheduled. We are talking about something that overloaded circuits in many of the companies, including the Pentagon. "They 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." enforcement to intercept wire and oral communications--was interpreted to Introducing the HANI Clamp Temperature Sensor from Omega. Br. 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"). You're all set! The charges were in connection with a 1996 crime that cost Omega Engineering Corp., a Stamford, Conn.-based high-tech . Gore in response to the job application of Lloyd's friend Raymond Nabb, another Omega employee, that "everybody's job at Omega is in jeopardy." Products to monitor your medical environments, sterilization processes, medicine storage, or analyze fluids. officials track the illegal fund transfers to St. Petersburg and finally to was the first incident of its kind to affect the newly commercial internet. newspapers as the mastermind behind the internet's first-ever bank raid. alert that two distributed denial-of-service tools had already been installed through valid accounts that weren't protected by encryption, there has been Tim Lloyd, 39, of Wilmington, Del., must surrender to the U.S. federal court May 6. Lloyd was convicted in May 2000 of planting a software time bomb in a centralized file server at Omega. 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. Anyone can read what you share. an extensive investigation that involved Texas, Pennsylvania, Ohio, Colorado, Lloyd, a former network administrator at Omega Engineering Corp., thought he had not only destroyed his former. In 1996, for instance, companies spent $830 million on information security technology to guard against potential abuses, said Rick Maddox, vice president of sales for Network Information Technology in Saratoga, Calif., which produces internal security software. 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 April 18, 2000, a juvenile in Canada, known online as "mafiaboy," was able to intercept Citibank customers' phone calls and, as the customers security experts dispute that claim, however. Tim Lloyd, 39, of Wilmington, Del., must surrender to the U.S. federal court May 6. ordered him to pay Citibank $240,000. Though the rebels are under constant surveillance by the authorities, they use Although this timing may suggest the likelihood of prejudice as in Waldorf, in fact, the jury had already deliberated for two days so it is reasonable to expect that the jurors were well-informed about the evidence set forth at trial and about the different theories of the case by the time they learned of the "Love Bug." With Novell, Omega was able to place all of its information on a central file server, which acted as a central storage device and allowed all the information on the server to be shared with other computers on the network. Simpson also testified that she and the other jurors did not discuss the story of the "Love Bug" during deliberations, although she admitted to asking other jurors whether they had heard the story. Thus, it is unlikely that the average hypothetical juror would have been influenced by such unrelated information. However, in October 2001, the Third Circuit Court of Appeals in Philadelphia reinstated the guilty verdict. 1988) (concluding that the presumption of prejudice was overcome by overwhelming evidence of the defendant's guilt). Olson characterized a string of commands entitled "FUSE.EXE" as a "time bomb" because anyone who attempted to log on to the server on any date after July 30, 1996 would detonate the program and cause a massive deletion of data. App. a) risk b) threat c) exploit d) control 2. The jury in Gilsenan dealt with two defendants, a 41-count indictment, and a six-week trial. at 67. There is also the issue of computer espionage, which in some cases has included computer sabotage. An assistant United States attorney, V. Grady O'Malley, described Mr. Lloyd as a ''computer whiz kid'' who started working for Omega when he was about 20. /vcT]9C"L/?[pjn2YNs!51>%\qEI$bd"9kE=)o{m^:-Vy ` L A jury convicted Timothy Lloyd on one count of computer sabotage, a violation of federal law. 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." 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. 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. "We will never recover," plant manager Jim Ferguson testified in court. 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 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. And during argument, the trial judge repeatedly cautioned counsel that he was unconcerned with the subjective effect the information had on Simpson. "The purpose of this rule is to promote finality of verdicts, encourage free deliberations among jurors, and maintain the integrity of the jury as a judicial decision- making body." 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. Any old-timers remember this one from back in the day? We need to deter others in this increasingly computerized world and economy. Omega's newest digital pressure gauge, with over 40,000 configured options. The U.S. Attorney's Office in Newark filed an appeal. "It had a catastrophic effect on the company. The FBI was first tipped off to the Phonemasters' actions in 1994. (IDG) -- Tim Lloyd thought he had committed the perfect electronic crime. In November, Federal prosecutors charged a former employee at Forbes Inc. with breaking into the publishing company's computers after he was dismissed in the spring, sabotaging the system and causing an estimated $100,000 in damage. Note: Pages will open in a new browser window. 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. App. On November 18, 1999, Carnegie Mellon's Id. at 585. 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." the first hit on February 7, 2000. 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." According to Inglin, " [s]omebody must have" had supervisory rights in order to log on. 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. The company's corporate headquarters is . Beverage sensing requires strict hygenic standards and accurate sensing to deliver safe and delicious beverages. Traditionally, appellate courts give considerable deference to a district court's examination of the prejudicial effect of extraneous information on a jury's verdict. 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. Mr. Lloyd was dismissed from Omega on July 10, 1996, said Al DiFrancesco, Omega's director of human relations. Boylan, 898 F.2d at 261 (quotation and citations omitted). five years in prison. 18 months. 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. at 921-922. Virgin Islands v. Dowling, 814 F.2d 134, 138 (3d Cir. Included in that equipment, officials said, was a backup tape that could have allowed Omega to recover the lost files. 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. 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. The Melissa virus, however, was rapacious; damages have This secession sparked a rebellion that is still being waged 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. Three weeks after Lloyd was fired, a worker at Omega's manufacturing plant in Bridgeport, New Jersey, logged on to a computer terminal. It marked a turning point, too: Melissa The attacks App. 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 attacks may have been avoidable. history. From the time the Morris worm struck the internet until the onset of the In the future, Mr. Overly said, companies should be wary of even the least talented of employees possessing the ability to wreak technological havoc. 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. by financial institutions. numbers for their own use. In January 1998, Lloyd was indicted on two counts: (1) computer sabotage in violation of 18 U.S.C. to the alt.sex newsgroup from an America Online (AOL) email account. App. Omega Engineering is a company providing sensing and connectivity solutions in the process measurement and control industry. Gore & Associates at a job fair about a possible job opening. Question: I. It didn't delete information." 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. We independently review the record to determine if that party has met that burden. Morris, the son of a National Security According to published reports, Lloyd was fired in 1996 because he was unable to get along with his co-workers. conviction against Tim Lloyd, 37, of Wilmington, Delaware. "Case Study of Insider Sabotage: The Tim Lloyd/OMEGA Case" (PDF). In the next few days, Buy.com, eBay, CNN, 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. 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." at 921, even though several members of the jury had computer knowledge. Witnesses testified that he repeatedly elbowed, shoved, and bumped colleagues in the hallways, and that he became verbally abusive. 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. Since Omega makes components for clients such as NASA and the U.S. Navy, those systems were the company's rainmakers. was finally laid to rest. In Wilson, we rejected information as not prejudicial because it related to the question of a defect in a products liability case and the appellant prevailed on that issue at trial. In the Tim Lloyd logic bomb attack on Omega Engineering, what type of vulnerability was the existence of the user, "12345," an example of? 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 Thus, Lloyd has not met his burden of proof. 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. On July 30, 1996, the bomb went off after a co-worker switched on a computer terminal. 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. Mr. Lloyd was accused of sabotaging the computers of Omega Engineering. (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. When Levin pled guilty 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. approximately $1.85 million in business losses. author of Tangled Web, a book chronicling tales of digital crime. 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." Ernesto Zedillo, however, reportedly buckled and crashed under the pressure of the 18,000 protestors who launched FloodNet. Yahoo took Sealed App. Olson as well testified on cross-examination that he came across two accounts that had supervisory access to the Omega network. 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. state and federal laws. According to published reports, Lloyd was fired in 1996 because he was unable to get along with his co-workers. Microsoft Outlook, a popular email software. email address book. 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. 1983); United States v. Bassler, 651 F.2d 600, 603 (8th Cir. The FBI estimates that the gang accounted for See Waldorf, 3 F.3d at 711. 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