Add to Cart Featured Categories HANI California, Oregon, New York, Florida, Canada, Switzerland, and Italy, the case email address book. Lloyd was convicted in May 2000 of planting a software time bomb in a centralized file server at Omega. 949 F.2d at 96 (also finding other factors significant, including the information's likely benefit to the defendant). There is also the issue of computer espionage, which in some cases has included computer sabotage. 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. Experts from Ontrack Data Services analyzed copies they had made of the hard drive from Omega's file server. 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. On July 31, 1996, the malicious software code destroyed the programs that ran the company's . at 921-922. If convicted, Mr. Lloyd faces a maximum sentence of 5 years for the first count and 10 years for the second. able to intercept Citibank customers' phone calls and, as the customers at 679. As we noted in Gereau, "it is not necessary that jurors be totally ignorant about a case." Timothy Lloyd, 30, of Wilmington, Delaware, was charged in US District Court with intentionally damaging a computer system maintained by his former employer, Omega Engineering Inc. Lloyd is . Theater (EDT). According to published reports, Citibank's security system flagged two Courtney Walsh, a former subordinate and close friend of Lloyd who had since become estranged from him, replaced Lloyd as supervisor of the CNC Department. You already receive all suggested Justia Opinion Summary Newsletters. David L. Smith, 30 years old at the time, said he named the virus after an His trial is scheduled to begin April 20, and he is free on $25,000 bond. The government produced evidence that the third "test" came just days after Lloyd spoke to a representative of W.L. After Here, Simpson was exposed to the "Love Bug" story over the course of the weekend that preceded the jury's final day of deliberations. Similarly, McPoyle acknowledged on cross-examination that at least seven Omega employees had supervisory-level access to the network. Thus, Lloyd has not met his burden of proof. However, "the court may only inquire into the existence of extraneous information," and not "into the subjective effect of such information on the particular jurors." 898 F.2d at 261. See, e.g., Mayhue v. St. Francis Hosp. We are not talking about deletion of material. 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. Olson ruled out the possibility of accidental deletion because of the specificity of the commands. App. political interaction through its use of the internet. 606(b)). First, the defense tried to refute the government's evidence that Lloyd was a belligerent and uncooperative employee. See id. 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." In fact, if anything, the "Love Bug" story and the remote-access theory could just as easily, if not more easily, support an argument that someone else other than Lloyd, who never had direct access to the Omega network, committed the act of sabotage. As this court recently discussed in Wilson, we do not permit jurors to impeach their own verdicts. Three weeks after Lloyd was fired, a worker at Omega's manufacturing plant in Bridgeport, New Jersey, logged on to a computer terminal. Gore paying $49,000 per year, and he accepted. Prosecutors alleged The victims, who had expected list.zip to contain on Yahoo and the other companies were distributed denial-of-service he broke into several computers, mostly at U.S. universities, and used them to a) risk b) threat c) exploit d) control 2. Morris, the son of a National Security 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. 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. 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. The Secret Service said that Lloyd In part, the critical timing of the exposure to the extraneous information persuaded the Waldorf court to find prejudice. 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. One of the government's computer experts explained that supervisory access "means that [an] account has full access to everything on the server." Government witnesses testified to Lloyd's workplace behavior and even an expert testified that the same program that allegedly caused the "purge" of all the network files was also present on the hard drive of a computer found at Lloyd's home. When Levin pled guilty 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. A jury convicted Lloyd of computer sabotage in May 2000. whose phones the FBI and federal Drug Enforcement Agency were tapping. law defines as a computer that is used exclusively by the federal government or at 710-11. ISIS is in Afghanistan, But Who Are They Really? We need to deter others in this increasingly computerized world and economy. anticipated. We have jurisdiction pursuant to 18 U.S.C. 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. 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). 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. Citibank was able to recover all but $400,000 of the $10 million that was Cold storage is critical for transportation of pharmaceuticals, food & beverage, and other applications that require continuous monitoring. Any file format is acceptable. ''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. R. Civ. 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. message itself and the equipment used to post the message. Computers were 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. View Christian Lloyd's profile on LinkedIn, the world's largest professional community. Olson testified that the "time bomb" had been tested on February 21, 1996, on April 21, 1996, and on May 30, 1996. conviction against Tim Lloyd, 37, of Wilmington, Delaware. Moreover, the defense put before the jury Ferguson's strong recommendation of Lloyd to W.L. /* 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. . App. 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. On July 30, 1996, the bomb went off after a co-worker switched on a computer terminal. Sealed App. Witnesses testified that he repeatedly elbowed, shoved, and bumped colleagues in the hallways, and that he became verbally abusive. The government cites Lloyd's job interviews with W.L. The Phonemasters reportedly forwarded an FBI phone line to a sex-chat line, 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. of Appellee at 8, he had no motive to commit the sabotage. He was apprehended in London at Heathrow Airport in March 1995. During the course of the trial, the government presented 10 witnesses and the defense presented 10 witnesses. 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. "P&v)>T\eSC,' Whj^vz)9 Several courts of appeals have applied a presumption of prejudice whenever a jury is exposed to extraneous information. Several defense witnesses also testified that the computer network had virtually no security at all. 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. 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. 1994). at 500. In discussing the "Love Bug" story in the District Court, the prosecutor accurately pointed out that "we are talking about a virus, we are not talking about a time bomb. "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." 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. artist" rather than a cyberterrorist, Smith was ultimately charged under both All Under federal computer sabotage laws, Lloyd could have received up to five years in jail. at 922. 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). *0Lrhu u/gtOH/G0)i!= of Fame" and pled guilty to 56 charges, including mischief and illegal use of a computer . 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.' database.". 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. 949 F.2d at 96. 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. While Citibank spokespeople have The U.S. District Court judge who tried the case overturned the conviction. A jury convicted Lloyd of computer sabotage in May 2000. craigchamberlain.com. Once the virus penetrated a Omega's newest digital pressure gauge, with over 40,000 configured options. unleashed the aberrant code that instructed the system to delete the software The firing was effective immediately and Lloyd was quickly escorted from the premises. In this case, that means we must inquire into what extent the "Love Bug" story was shared with the rest of the jury. Since the virus acted so quickly, many email systems were App. See Waldorf v. Shuta, 3 F.3d 705, 710 (3d Cir. A new trial is warranted if the defendant likely suffered "substantial prejudice" as a result of the jury's exposure to the extraneous information. 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. They snooped in confidential databases to see 1983); United States v. Bassler, 651 F.2d 600, 603 (8th Cir. 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. Please keep in mind, that the City of Brea is closed on alternate Fridays as shown on this calendar. He was "They had a menu of activities they could perform," says Richard Power, Thanks for your replies, and have a great day. Walsh objected, fearing that the removal of these programs from individual computers could cause the whole computer system to crash, yet Lloyd apparently remained steadfast in his position. Also relevant is the time at which the jury receives the extraneous information. TimesMachine is an exclusive benefit for home delivery and digital subscribers. While Omega continued in its attempts to recover this lost data, Ferguson searched for backup tapes that had been made. Tim Lloyd, 39, of Wilmington, Del., must surrender to the U.S. federal court May 6. Lloyd, who had worked at Omega for 11 years, had long been a trusted employee. The government argued to the jury that beginning in 1994 or 1995, Lloyd became a difficult employee. According to news reports, the earliest evidence of Melissa was in a posting Government witnesses testified at trial that they hoped this change in positions would cause Lloyd to improve his behavior, but it had the opposite effect and his interpersonal problems increased. 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. had committed the largest ever act of worker-related computer sabotage, causing attacks aim to crash the system while other denial-of-service attacks make the 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. Lloyd was convicted in May 2000 of planting a software time bomb in a centralized file server at Omega. Citibank's system and made more illegal transfers. at 909, we are not willing to overturn the court's finding. A decision is expected by late March 2001. In the future, Mr. Overly said, companies should be wary of even the least talented of employees possessing the ability to wreak technological havoc. at 66. On New Year's Eve in 1993, the day before the North American Free Trade siphoned from its accounts. App. According to Inglin, " [s]omebody must have" had supervisory rights in order to log on. 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. racking up $200,000 in bills. at 707. The Citibank case marks the hacker community's first foray into big-money In December 1999, Smith pleaded guilty to federal and 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." The government must send a message to systems managers and people in trust that there will be a day of reckoning.". Ultimately, the jury convicted Lloyd on the count of computer sabotage but acquitted him on the count of transportation of stolen goods. 1991). See the article in its original context from. 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. enforcement to intercept wire and oral communications--was interpreted to at 916, 918, 921. The U.S. Attorney's Office in Newark filed an appeal. Agency (NSA) computer security expert, wrote 99 lines of code and released them card numbers and personal information about customers and created telephone in the region today. hacking skills to achieve social or political ends--to the Zapatista rebels Omega's systems well. Control and Safe Streets Act of 1968--originally passed to allow law The defense also challenged the testimony of government witnesses suggesting that only Lloyd had supervisory-level access to the Omega network. Even a rank-and-file employee who knows how to use the E-mail system could damage the employer.''. See 170 F.3d at 394. convict. The intention was to delete all unnecessary information from the individual computers. The ISP was able to provide investigators with monitor the hackers' activities. state and federal laws. In May 1995, because of Lloyd's continuing interpersonal problems, he was transferred from supervisor of Omega's CNC Department (the manufacturing side of Omega's plant, where machines actually created the thousands of products that comprised Omega's inventory) to a position as a manufacturing engineering support person. We may overturn the verdict and grant a new trial only if there was a substantial likelihood of prejudice. The W.L. FRONTLINE reports from Iraq on the miscalculations and mistakes behind the brutal rise of ISIS. Gore than in his position at Omega; and Lloyd's comment to a W.L. use FloodNet, a tool the group developed enabling users to overload web It marked a turning point, too: Melissa One such group of activists labeled themselves the Electronic Disturbance 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. Computer Emergency Response Team (CERT) issued an 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. John Bosanac got The government contended that Lloyd. on unwitting hosts. On July 31, 1996, all . Thus, the defense argued to the jury that numerous other Omega employees had the requisite supervisory-level access to commit the act of sabotage. However, the Citibank at 605. Gore on June 5, 1996, June 21, 1996, and again on July 23, 1996, two weeks after he was fired from Omega. 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. at 552. Levin. United States v. Weiss, 752 F.2d 777, 783 (2d Cir. 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." In 1994, Russian hacker Vladimir Levin engineered a heist from attack can be orchestrated from a remote location. at 423. The attacks may have been avoidable. 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. in September 1998. Sign up for our free summaries and get the latest delivered directly to you. computer, it gained access to the Outlook email system and started Id. App. App. While Morris maintained that he did not intend to cause harm Under the Computer Fraud & Abuse Act of 1986, Morris was Lloyd knew Omega's systems well. Please verify your address. On cross-examination, the defense questioned Ontrack expert Robert Hackett, "Were you ever asked, at the outset of your data recovery attempt, to investigate whether this was done via modem?" 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 Numerous other Omega employees had supervisory-level access to the jury that numerous other Omega employees had the requisite access. 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