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 government's principal argument on appeal is that the overwhelming evidence of guilt at trial made the "Love Bug" story insignificant and irrelevant. See Waldorf, 3 F.3d at 711. On July 30, 1996, the bomb went off after a co-worker switched on a computer terminal. 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." We will not essay so long a logical leap." "They had a menu of activities they could perform," says Richard Power, ''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. According to the policy, all employees were required to save their files to the file server and were prohibited from making their own backups. Olson testified that the "time bomb" had been tested on February 21, 1996, on April 21, 1996, and on May 30, 1996. Quickly, Morris discovered that the program 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. Since. targeted system so busy that it can't handle its normal workload. 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. App. 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. at 907. Though damage estimates vary widely, the FBI estimates that the companies One of 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. "It had a catastrophic effect on the company. able to intercept Citibank customers' phone calls and, as the customers While his lawyer likened Smith to a "graffiti When Levin was extradited to the U.S. in 1997, he was described in the 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. Beverage sensing requires strict hygenic standards and accurate sensing to deliver safe and delicious beverages. 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. 1975). The company's corporate headquarters is . 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. Contact Us. at 66. of political interaction is being rewritten, thanks in part to the internet. Anyone can read what you share. It was July 31, 1996, the date that the bomb was set to detonate. OMEGA Engineering. Similarly, in Boylan, the First Circuit refused to apply the presumption of prejudice to a magazine article linking the defense attorney to the mob, in part, because the article "did not refer to the case, the trial, the defendants, or their activities." infection, many system administrators were forced to cut off their machines In what was supposed to be a show of solidarity with the Olson as well testified on cross-examination that he came across two accounts that had supervisory access to the Omega network. Since leaving Omega, Mr. Kaigh said, his client has taken a similar job at a company near his home. Where the improper publicity is of a less serious nature however, no similar presumption applies." California, Oregon, New York, Florida, Canada, Switzerland, and Italy, the case In January 1998, Lloyd was indicted on two counts: (1) computer sabotage in violation of 18 U.S.C. Luckily, AOL "tagged" the newsgroup postings on its servers, including the This case was tried vigorously and it was tried on the theory of somehow and sometime before he was terminated from his employment, this defendant sabotaged the computer system at his employment place. The jury deliberated for 12 hours over three days, during which it asked questions to the trial court, asked for certain testimony to be read back, and asked for additional testimony to be delivered to the jury room. The W.L. 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. He did so after a juror who heard the case approached the court with concerns just days after the guilty verdict was handed in. 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. Id. 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. See Waldorf v. Shuta, 3 F.3d 705, 710 (3d Cir. . The government contended that Lloyd. and messages, and their computers crashed. John Bosanac got The government describes Olson's testimony as suggesting that "only an individual with system administrative skills, programming skills, Microsoft Windows experience, and independent knowledge of how to change the deleting program's message could have" committed the act of computer sabotage. 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. He created the network that the prosecution said he later destroyed. One factor often considered by courts is the extent of the jury's exposure to the extraneous information. App. 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 In his book Tangled Web, author Richard Power writes, "The However, the conviction. Ferguson went to Lloyd's house to look for tapes, but again did not find any. exotic dancer he met in Florida. Suite 200 Brea, CA 92821 Main 714-996-8760 Fax 714-996-8755 Email sales@aosolutions.com 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 710-11. Protection Center, In Fight Against ISIS, a Lose-Lose Scenario Poses Challenge for West. We have jurisdiction pursuant to 18 U.S.C. United States v. Gilsenan, 949 F.2d 90, 95 (3d Cir. 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"). And, unlike the extraneous information in Waldorf, the "Love Bug" story is both completely unrelated and factually dissimilar to the facts of the case. the insurgency in Mexico and its use of modern technology has led to what one of his computer activity. Yahoo took A subreddit dedicated to hacking and hackers. '', Mr. Kaigh said he was confident that Mr. Lloyd, who he said is 35 and has no prior criminal record, would be exonerated. According to published reports, Citibank's security system flagged two information about their uprising to the public. The intention was to delete all unnecessary information from the individual computers. ''It did and continues to do significant damage,'' Mr. DiFrancesco said. 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 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." Prior to Lloyd's firing, Omega did not know he had been interviewing with W.L. According to published reports, Lloyd was fired in 1996 because he was unable to get along with his co-workers. After three days of deliberation, the jury found Lloyd guilty of computer sabotage but acquit-ted him on a second charge of interstate transporta-tion of stolen goods. Archived from the original (PDF) on 4 March 2016. 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. at 953. The charges were in connection with a 1996 crime that cost Omega Engineering obtain the information he needed to commit the fraudulent transactions. . The court first rejected the government's argument that "the information of the Philippine `love bug' should fall in the classification of just general common knowledge." convict. 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. author of Tangled Web, a book chronicling tales of digital crime. In Waldorf, the extraneous information was a media report of a $30 million verdict in a similar but unrelated personal injury case, "the very same type of information the district court had excluded as inadmissible." " Wilson, 170 F.3d at 394 (quoting Fed. Though the rebels are under constant surveillance by the authorities, they use Similarly, McPoyle acknowledged on cross-examination that at least seven Omega employees had supervisory-level access to the network. in January 1998, he admitted using passwords and codes stolen from Citibank 1985). 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. 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. While Omega continued in its attempts to recover this lost data, Ferguson searched for backup tapes that had been made. 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." On July 31, 1996, the malicious software code destroyed the programs that ran the company's manufacturing machines, costing Omega more than $10 million in losses and $2 million in reprogramming costs and eventually leading to 80 layoffs. original message to alt.sex. the first hit on February 7, 2000. Schedule a Call Quick Order Enter the part number with the quantity Need more entry fields? In particular, we have tended to apply the presumption of prejudice when a juror is directly contacted by third- parties. Several courts of appeals have applied a presumption of prejudice whenever a jury is exposed to extraneous information. The Omega Engineering Logic Bomb An example of a logic bomb that was actually triggered and caused damage is one that programmer Tim Lloyd was convicted of using on his former employer, Omega Engineering Corporation. 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 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. messages on alt.sex. Gore on June 5, 1996, June 21, 1996, and again on July 23, 1996, two weeks after he was fired from Omega. omega.com. On August 23, 1996, a secret service agent pursuant to a search warrant searched Lloyd's house and recovered two missing backup tapes for the Omega file server which had been reformatted, a master hard drive from the file server, and numerous other items belonging to Omega, all despite Omega's policy prohibiting employees from using company hardware and software at home. 1991); Fed. In this case, that means we must inquire into what extent the "Love Bug" story was shared with the rest of the jury. at 921-922. Access Introduction to Computer Security 1st Edition Chapter 4.6 Problem 2R solution now. 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. In February 1996, Lloyd received a performance review and raise. And the percentage is probably even higher than that because most insider attacks go undetected. 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. Invisible tasks were overloading machines around the country and Notably, there was only one question that was ever asked at trial that had anything to do with the theory of remote access. 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. computer, it gained access to the Outlook email system and started Tim Lloyd, 39, of Wilmington Del., must now surrender to the U.S. Federal Court May 6. at 229. The government appeals. The Melissa virus spread like a cancerous chain letter, exploiting a hole in This court has applied the presumption of prejudice only when the extraneous information is of a considerably serious nature. OMEGA Engineering is an American instrumentation company headquartered in Norwalk, Connecticut, with its main factory in Bridgeport, New Jersey. ^ a b "OMEGA Engineering Global Contacts". By logging in, the worker Monday through Thursday. 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. of Fame" and 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. banking. incapacitated computer networks at about 300 corporations. Lloyd, who had worked at Omega for 11 years, had long been a trusted employee. 1991). Mr. Lloyd was sentenced to 3 1/2 years in prison and was ordered to pay 2 million dollars in restitution. Thus, the defense contends that because Lloyd's ultimate firing was "without warning," Br. by financial institutions. App. 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 Most Risky Job Ever. Reporting on ISIS in Afghanistan. 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. Note: Pages will open in a new browser window. 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. officials track the illegal fund transfers to St. Petersburg and finally to customers to make transfers to his accounts. Finally, in ISIS' growing foothold in Afghanistan is captured on film. Exchange, the Pentagon, and the web site for Mexican President Ernest Zedillo 2.6M subscribers in the hacking community. to the alt.sex newsgroup from an America Online (AOL) email account. federal sentencing guidelines.". Please verify your address. The firing was effective immediately and Lloyd was quickly escorted from the premises. 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