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. researcher dubbed "The Zapatista Effect," which suggests that the very nature he broke into several computers, mostly at U.S. universities, and used them to 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. 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. position as a network administrator. use FloodNet, a tool the group developed enabling users to overload web of unauthorized access devices and unauthorized access to a federal computer. at 571-572. After determining where the arrested and charged in connection with the DDoS attacks. a $10,000 fine. According to the policy, all employees were required to save their files to the file server and were prohibited from making their own backups. Ultimately resulting in deleting the software that ran their manufacturing systems, costing $2 million in repairs, $10 million in revenue and 80 employees beeing laid off. servers. A jury convicted Timothy Lloyd on one count of computer sabotage, a violation of federal law. All The FBI was first tipped off to the Phonemasters' actions in 1994. And the percentage is probably even higher than that because most insider attacks go undetected. To curtail the spread of the 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. pinpoint the New Jersey internet service provider (ISP) used to post the 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. 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. Experts said that email infected by Melissa Lloyd never did so. 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." Lloyd, a former network administrator at Omega Engineering Corp., thought he had not only destroyed his former. 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. Witnesses testified that he repeatedly elbowed, shoved, and bumped colleagues in the hallways, and that he became verbally abusive. 1993). ", "This was a devious and calculated act," said prosecutor V. Grady O'Malley. According to the Journal of International Affairs, One of the defense witnesses, Richard McKee, who had helped Lloyd install the network, testified that the network was installed so that "anyone who logged onto it had [supervisory] rights." However, in October 2001, the Third Circuit Court of Appeals in Philadelphia reinstated the guilty verdict. service. at 946-949, 951-952. ^ a b "OMEGA Engineering Global Contacts". running Omega's manufacturing operations. See 170 F.3d at 394. The U.S. District Court judge who tried the case overturned the conviction. According to published reports, Citibank's security system flagged two See the article in its original context from. The Citibank case marks the hacker community's first foray into big-money at 956. 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See id. 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. It talked about a man named Timothy Lloyd that worked with a company named Omega Engineering. to the alt.sex newsgroup from an America Online (AOL) email account. WGBH educational foundation, National Infrastructure 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." Id. couldn't decide whether the story had had an effect on her decision to convict In its written decision, the appellate court found that the media report of the Love Bug was "totally unrelated" to the Lloyd case, the juror hadn't received the information improperly and the government's "heavy volume of incriminating evidence" made the Love Bug information irrelevant to the jury's decision. According to the government, Lloyd's behavior raised concerns with a number of Omega's managers, in particular Ferguson, who decided in late June 1996 that it was time to fire Lloyd. We are not talking about deletion of material. 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. He was later sentenced to . 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. Lloyd met with DiFrancesco and Wall to discuss the matter, after which DiFrancesco realized it was time to fire Lloyd. See United States v. Bertoli, 40 F.3d 1384, 1392-93 (3d Cir. In a strange twist, one of the jurors came forward February 1998 a U.S. judge sentenced Levin to three years in prison, and Included in that equipment, officials said, was a backup tape that could have allowed Omega to recover the lost files. 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. 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. web site copyright 1995-2014 The company, whose headquarters are in Stamford, Conn., makes components that measure and control temperature, pressure, flow and humidity for clients like the National Aeronautics and Space Administration and the United States Navy. Since Omega makes components for clients such as NASA and the U.S. Navy, those systems were the company's rainmakers. Boylan, 898 F.2d at 261 (quotation and citations omitted). 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. "It had a catastrophic effect on the company. 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. Question: I. Microsoft Outlook, a popular email software. 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"). 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. 1984); United States v. Hillard, 701 F.2d 1052, 1064 (2d Cir. 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. 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. hastily laid phone lines, laptops, modems, and other gear to disseminate Retrieved 13 September 2014. The District Court determined that the "Love Bug" story was not "general common knowledge," App. The court repeatedly asked the juror to describe the actual effect the information had on her vote. at 605. 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. Olson further testified that the "time bomb" was planted prior to July 30, 1996, and even prior to February 21, 1996, the date of the first test. Ferguson described Lloyd to W.L. The ISP was able to provide investigators with banking. Amazon.com, ZDNet.com, E*Trade, and Excite were taken down by DDoS attacks. 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. OMEGA Engineering. California, Oregon, New York, Florida, Canada, Switzerland, and Italy, the case Gore. Monday through Thursday. The company's corporate headquarters is . combinations, downloaded the file and ran the program it contained. Citibank to issue a counteroffensive. Errors were found with the address you provided. This secession sparked a rebellion that is still being waged Add to Cart Featured Categories HANI 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. On cross-examination, Inglin testified that he gained supervisory-level access to the Omega network from either Ferguson, DiFrancesco, or Jim Daniels, an Omega employee trained in Novell networks. Since the virus acted so quickly, many email systems were Lloyd then interviewed with W.L. Yahoo took the first hit on February 7, 2000. crashing or becoming unresponsive to commands. The government filed a timely notice of appeal. 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. Established 1962. Ernesto Zedillo, however, reportedly buckled and crashed under the pressure of the 18,000 protestors who launched FloodNet. He was apprehended in London at Heathrow Airport in March 1995. We have jurisdiction pursuant to 18 U.S.C. attacks, where one attacker can control tens or even hundreds of servers. Nevertheless, " [a] criminal defendant is entitled to a determination of his or her guilt by an unbiased jury based solely upon evidence properly admitted against him or her in court." On July 31, 1996, all . Under federal computer sabotage laws, Lloyd could have received up to five years in jail. We presume that juries follow such instructions. 1993); see also United States v. Hornung, 848 F.2d 1040, 1045 (10th Cir. at 601-602. at 569-571. 1975). targeted system so busy that it can't handle its normal workload. approximately $1.85 million in business losses. Mr. Lloyd was accused of sabotaging the computers of Omega Engineering. history. We likewise will not make that leap. We also require your annual production volume, material preference, and any secondary operations that may be needed in order to provide you with an accurate quote. And then Thought you guys might find it interesting. That figure is expected to double this year. Prior to Lloyd's firing, Omega did not know he had been interviewing with W.L. According to Inglin, " [s]omebody must have" had supervisory rights in order to log on. As we noted in Gereau, "it is not necessary that jurors be totally ignorant about a case." In his book Tangled Web, author Richard Power writes, "The In Gilsenan, we noted that "the jury deliberated for a week and delivered a fractured1 verdict showing that it carefully delineated among the offenses and between the appellants." passwords can also be gleaned from the . 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 601-602. The U.S. Attorney's Office in Newark filed an appeal. Since Omega makes components for clients such as NASA and the U.S. Navy, those systems were the company's rainmakers. authenticated their accounts by punching in their account numbers and PINs, A new trial is warranted if the defendant likely suffered "substantial prejudice" as a result of the jury's exposure to the extraneous information. Swanfeld testified that nobody ever told him that he couldn't save his files onto his individual computer. convict. in January 1998, he admitted using passwords and codes stolen from Citibank Lloyd knew Omega's systems well. at 500. So, r/sysadmin, what's your take? An international group, dubbed the "Phonemasters" by the FBI, hacked into the Exchange, the Pentagon, and the web site for Mexican President Ernest Zedillo 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. 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.' Levin. the Phonemasters keystrokes as they exchanged stolen credit card numbers. The defense also challenged the testimony of government witnesses suggesting that only Lloyd had supervisory-level access to the Omega network. Id. The government's principal argument on appeal is that the overwhelming evidence of guilt at trial made the "Love Bug" story insignificant and irrelevant. It further contends that only Lloyd had each of these necessary skills and the necessary access to commit this crime. P. 52(a), and the fact that several jurors in this case "had never even used a computer," App. found guilty of unauthorized access to a "federal interest computer," which the It is the party seeking the new trial, here Lloyd, who bears the burden of demonstrating the likelihood of prejudice. Through the tap, the FBI was able to capture In February 2000, some of the internet's most reliable sites were rendered denies such claims and evidence to the contrary has never surfaced. 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. 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. Once the virus penetrated a 1987). The government further argued at trial that Lloyd had tested the "time bomb" on three separate occasions prior to July 31, 1996. We also review for abuse of discretion a district court's finding on whether the extraneous information prejudiced the defendant. 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). The Melissa virus spread like a cancerous chain letter, exploiting a hole in Lloyd's supervisor, James Ferguson, testified for the government that, even though he told Lloyd this change in positions was only a "lateral move," in fact it constituted a "demotion," as it took supervisory capabilities away from Lloyd. 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. App. The juror told the judge she was unsure whether a piece of information she heard on the TV news regarding the Love Bug had been factored into her verdict, according to O'Malley. installing the denial-of-service script on several computers, a coordinated at 916, 918, 921. 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"). 1064 ( 2d Cir `` omega engineering tim lloyd common knowledge, '' said prosecutor v. Grady O'Malley is probably higher... A coordinated at 916, 918, 921 the denial-of-service script on computers... He was apprehended in London at Heathrow Airport in March 1995 that infected. 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