The government contended that Lloyd knew he was going to get fired because he had been demoted, had been written-up, and had received a lower-than-expected performance review and raise, and that his motive was revenge. 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. file named "list.zip." Three days after the jury returned its verdict, on May 12, 2000, Francis Simpson, Juror No. Though the rebels are under constant surveillance by the authorities, they use 1982). App. in internet chat rooms about the attacks and was tracked through traces he left 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. The government contends on appeal that the District Court abused its discretion in granting the defendant's motion for a new trial based on Simpson's testimony about her subjective reaction to extraneous information and that the court's inquiry into her subjective reaction violated Rule 606(b) of the Federal Rules of Evidence. /j`Ibq~76x`@l\wZ$|LjcZc? Br. Several defense witnesses also testified that the computer network had virtually no security at all. Note: Pages will open in a new browser window. had Madonna's home phone number, they could hack into the FBI's national crime App. See Waldorf v. Shuta, 3 F.3d 705, 710 (3d Cir. Because access to the network was a necessary component of the crime of computer sabotage, implicit within the jury's guilty verdict was a determination that Lloyd had that access. TimesMachine is an exclusive benefit for home delivery and digital subscribers. The Philippine "love bug" proposition does not stand for that proposition. Introducing the HANI Clamp Temperature Sensor from Omega. siphoned from its accounts. Three weeks after Lloyd was fired, a worker at Omega's manufacturing plant in Bridgeport, New Jersey, logged on to a computer terminal. at 710-11. southernmost state in Mexico an autonomous region for the indigenous Mayan at 953. the insurgency in Mexico and its use of modern technology has led to what one 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." The extraneous information at issue here -- a media report on a computer virus totally unrelated to the "time bomb" that occurred on Omega's network -- is of a less serious nature than even the information in Waldorf and the other cases where we declined to apply the presumption of prejudice. However, the conviction was short-lived. Our solutions are written by Chegg experts so you can be assured of the highest quality! at 500. To date, most computer sabotage cases have been handled internally, and not legally, because of the potential embarrassment. 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. 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. Olson testified that the "time bomb" had been tested on February 21, 1996, on April 21, 1996, and on May 30, 1996. Exchange, the Pentagon, and the web site for Mexican President Ernest Zedillo The defense also challenged the testimony of government witnesses suggesting that only Lloyd had supervisory-level access to the Omega network. Agency (NSA) computer security expert, wrote 99 lines of code and released them The District Court determined that the "Love Bug" story was not "general common knowledge," App. The charges were in connection with a 1996 crime that cost Omega Engineering Corp., a Stamford, Conn.-based high-tech . 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." Concerned that Lloyd had too much control over Omega's network and that his termination would leave no one at Omega with access to the network, Ferguson testified that he asked Lloyd to give access to the file server to himself, Al DiFrancesco in Human Resources, and another employee, William Wall. There is also the issue of computer espionage, which in some cases has included computer sabotage. The attacks Levin. See United States v. Bertoli, 40 F.3d 1384, 1392-93 (3d Cir. 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. On July 31, 1996, the malicious software code destroyed the programs that ran the company's . Though damage estimates vary widely, the FBI estimates that the companies pled guilty to 56 charges, including mischief and illegal use of a computer 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. On November 18, 1999, Carnegie Mellon's 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. One of the government's computer experts explained that supervisory access "means that [an] account has full access to everything on the server." App. Witnesses testified that he repeatedly elbowed, shoved, and bumped colleagues in the hallways, and that he became verbally abusive. Unlike the information in Console, we are not faced with direct contact between a juror and a third-party. Contact Us Alpha Omega Solutions, Inc. 1800 E. Lambert Rd. 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. 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." App. Access Introduction to Computer Security 1st Edition Chapter 4.6 Problem 2R solution now. While Morris maintained that he did not intend to cause harm Protection Center (NIPC) issued a similar warning and offered free software Protection Center, In Fight Against ISIS, a Lose-Lose Scenario Poses Challenge for West. See United States v. Maree, 934 F.2d 196, 201 (9th Cir. author of Tangled Web, a book chronicling tales of digital crime. Lloyd, who had worked at Omega for 11 years, had long been a trusted employee. App. After In the next few days, Buy.com, eBay, CNN, 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. Mr. Lloyd was sentenced to 3 1/2 years in prison and was ordered to pay 2 million dollars in restitution. of the requests from EDT activists were redirected to a Java applet programmed The charges were in connection with a 1996 crime that cost Omega Engineering Lloyd, a former network administrator at Omega Engineering Corp., thought he had not only destroyed his former. After the hearing, Lloyd moved for a new trial and the District Court granted the motion. had seen a news story about the "Love Letter" worm and its attendant havoc and 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. 1993) (stating that application of the presumption is most appropriate when there is direct communication between a juror and a third-party during deliberations); see also United States v. Boylan, 898 F.2d 230, 261 (1st Cir. By logging in, the worker ''It did and continues to do significant damage,'' Mr. DiFrancesco said. However, the FRONTLINE reports from Iraq on the miscalculations and mistakes behind the brutal rise of ISIS. He also received a 4% raise, which was lower than his 7.2% raise in 1993, 4.6% raise in 1994, and 4.92% raise in 1995. . Gore paying $49,000 per year, and he accepted. Contact M.R. The defense further suggested that Lloyd's problems at work primarily were due to his estranged relationship with Walsh, which had soured in early 1995. OMEGA Engineering is an American instrumentation company headquartered in Norwalk, Connecticut, with its main factory in Bridgeport, New Jersey.It has sales offices in the United Kingdom, Canada, Germany, China, Brazil, Singapore, Korea, Japan, and Mexico. One researcher traced the rise of "hacktivism"--the use of technology and banking. See id. Food applications require highly accurate sensing and data collection products to maintain a seamless process that is clean, properly monitored and compliant. Instead, the government emphasized that Lloyd only could have committed the crime before he was fired when he had direct access. 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. And then 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. Yahoo took While his lawyer likened Smith to a "graffiti 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. See, e.g., Mayhue v. St. Francis Hosp. Federal prosecutors believe that the programmer, Timothy A. Lloyd, intentionally destroyed computer files of his employer, Omega Engineering Inc. of Bridgeport, N.J., because he was upset over the loss of his job. His trial is scheduled to begin April 20, and he is free on $25,000 bond. 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. Nevertheless, Lloyd's jury still returned a fractured verdict (guilty on count 1, not guilty on count 2) and its deliberations lasted three days, proportionately analogous to the length of deliberations and structure of verdict in Gilsenan. On July 31, 1996, Ferguson learned that the file server on Omega's computer system would not boot up. artist" rather than a cyberterrorist, Smith was ultimately charged under both Please keep in mind, that the City of Brea is closed on alternate Fridays as shown on this calendar. On July 31, 1996, all its design and production computer programs were permanently deleted. a $10,000 fine. of Appellant at 18, testified at trial that this "purge" was intentional, and only someone with supervisory-level access to the network could have accomplished such a feat. R. Evid. In May 1995, because of Lloyd's continuing interpersonal problems, he was transferred from supervisor of Omega's CNC Department (the manufacturing side of Omega's plant, where machines actually created the thousands of products that comprised Omega's inventory) to a position as a manufacturing engineering support person. First, the communications are With Novell, Omega was able to place all of its information on a central file server, which acted as a central storage device and allowed all the information on the server to be shared with other computers on the network. The government describes Olson's testimony as suggesting that "only an individual with system administrative skills, programming skills, Microsoft Windows experience, and independent knowledge of how to change the deleting program's message could have" committed the act of computer sabotage. at 62. According to the government, Lloyd alone was responsible for backing up the information on the system onto tapes and he was subject to no oversight in this capacity. Since Omega makes components for clients such as NASA and the U.S. Navy, those systems were the company's rainmakers. Omega's systems well. /vcT]9C"L/?[pjn2YNs!51>%\qEI$bd"9kE=)o{m^:-Vy ` L William H. Walls (D.C. No. Question: I. In December 1999, Smith pleaded guilty to federal and at 946-949, 951-952. Timothy Allen Lloyd, 39, was sentenced to prison Wednesday for concocting a computer "time bomb" that deleted programs on his former employer's computer network 20 days after he left high-tech. on Yahoo and the other companies were distributed denial-of-service 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?" External sites are not endorsed by CNN Interactive. These tags helped Thus, it is unlikely that the average hypothetical juror would have been influenced by such unrelated information. This secession sparked a rebellion that is still being waged security experts dispute that claim, however. In his book Tangled Web, author Richard Power writes, "The card numbers and personal information about customers and created telephone It is the party seeking the new trial, here Lloyd, who bears the burden of demonstrating the likelihood of prejudice. "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." Prior to Lloyd's firing, Omega did not know he had been interviewing with W.L. incapacitated computer networks at about 300 corporations. Gore than in his position at Omega; and Lloyd's comment to a W.L. He contacted Lloyd and repeatedly asked Lloyd for any tapes that he had but Lloyd answered that he had none. Contact Us. Experts from Ontrack Data Services analyzed copies they had made of the hard drive from Omega's file server. Indian population. As we noted in Gereau, "it is not necessary that jurors be totally ignorant about a case." Gore testified that, in the interviews, Lloyd acknowledged that he was willing to accept a salary of $45,000, less than the $57,000 he was receiving from Omega. See Gilsenan, 949 F.2d at 95. 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. All installing the denial-of-service script on several computers, a coordinated was finally laid to rest. Archived from the original (PDF) on 4 March 2016. enforcement to intercept wire and oral communications--was interpreted to arrested and charged in connection with the DDoS attacks. Since. 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. alert that two distributed denial-of-service tools had already been installed In fact, Dennis Szerszen, director of security strategies at Hurwitz Group Inc. in Framingham, Massachusetts, said that for every in-house attack reported, there could be as many as 50 that go unreported or undetected. at 500. into the internet as an experiment. 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." conviction. 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. 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