Witnesses testified that he repeatedly elbowed, shoved, and bumped colleagues in the hallways, and that he became verbally abusive. During the course of the trial, the government presented 10 witnesses and the defense presented 10 witnesses. One researcher traced the rise of "hacktivism"--the use of technology and On Appeal from the United States District Court for the District of New Jersey District Judge: Hon. 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. 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. 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. App. servers. Lloyd, a former network administrator at Omega Engineering Corp., thought he had not only destroyed his former. at 500. And then A subreddit dedicated to hacking and hackers. 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. researcher dubbed "The Zapatista Effect," which suggests that the very nature External sites are not endorsed by CNN Interactive. According to published reports, Lloyd was fired in 1996 because he was unable to get along with his co-workers. 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. Id. in the region today. R. Evid. The Secret Service said that Lloyd had committed the largest ever act of worker-related computer sabotage, causing Omega nearly $10 million in lost sales. However, the This secession sparked a rebellion that is still being waged Access Introduction to Computer Security 1st Edition Chapter 4.6 Problem 2R solution now. at 921, even though several members of the jury had computer knowledge. 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." 949 F.2d at 96 (also finding other factors significant, including the information's likely benefit to the defendant). 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"). We have jurisdiction pursuant to 18 U.S.C. Since the virus acted so quickly, many email systems were After Prior to Lloyd's firing, Omega did not know he had been interviewing with W.L. Virgin Islands v. Dowling, 814 F.2d 134, 138 (3d Cir. nearly unreachable by distributed denial-of-service (DDoS) attacks. "Case Study of Insider Sabotage: The Tim Lloyd/OMEGA Case" (PDF). This court has applied the presumption of prejudice only when the extraneous information is of a considerably serious nature. [7] It has sales offices in the United Kingdom, Canada, Germany, China, Brazil, Singapore, Korea, Japan, and Mexico. 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 government must send a message to systems managers and people in trust that there will be a day of reckoning.". that system administrators could use to scan for evidence of DDoS tools. Further, there was strong uncontradicted evidence to support the verdict. 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. of Appellant at 22. According to news reports, the earliest evidence of Melissa was in a posting 1994). His trial is scheduled to begin April 20, and he is free on $25,000 bond. "They View Christian Lloyd's profile on LinkedIn, the world's largest professional community. Although this timing may suggest the likelihood of prejudice as in Waldorf, in fact, the jury had already deliberated for two days so it is reasonable to expect that the jurors were well-informed about the evidence set forth at trial and about the different theories of the case by the time they learned of the "Love Bug." Computer Emergency Response Team (CERT) issued an Prosecutors alleged The government further argued to the jury that whoever committed the act of sabotage needed direct supervisory-level access to the Omega network as well as advanced computer programming skills, and that only Lloyd had both the requisite access and skills. We may overturn the verdict and grant a new trial only if there was a substantial likelihood of prejudice. However, "the court may only inquire into the existence of extraneous information," and not "into the subjective effect of such information on the particular jurors." And the percentage is probably even higher than that because most insider attacks go undetected. In a strange twist, one of the jurors came forward While Morris maintained that he did not intend to cause harm Yahoo took Sealed App. The Melissa virus, however, was rapacious; damages have Contact Us Alpha Omega Solutions, Inc. 1800 E. Lambert Rd. These tags helped It argued that Omega employees were never prevented from making backup files and, in fact, they continued to back up files on their personal computers. In February 2000, some of the internet's most reliable sites were rendered /vcT]9C"L/?[pjn2YNs!51>%\qEI$bd"9kE=)o{m^:-Vy ` L The activists' browsers were flooded with graphics . On July 31, 1996, all . 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. ", "This was a devious and calculated act," said prosecutor V. Grady O'Malley. was replicating and infecting machines at a much faster rate than he had federal court granted the FBI permission to use the first ever "data tap" to at 909, we are not willing to overturn the court's finding. email address book. monitor the hackers' activities. 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"). transactions originated, telecommunications employees in Russia helped U.S. According to published reports, Citibank's security system flagged two in Bridgeport, New Jersey, logged on to a computer terminal. By logging in, the worker All A jury convicted Timothy Lloyd on one count of computer sabotage, a violation of federal law. Wired.com's recent "The Greatest Hacks of All Time. Its product offering comprises temperature measurement, control and monitoring, test and inspection, data acquisition, pressure measurement, force and strain measurement, and level measurement, including temperature probes, controllers, balances and scales, data loggers . 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. Some He will be sentenced in April 2001, and could spend up to two years in In contrast, we tend not to apply the presumption to circumstances in which the extraneous information at issue is a media report, such as a television story or newspaper article. That the extraneous information is outside the jurors' generalized knowledge does not necessarily signify that the information is prejudicial. 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. unleashed the aberrant code that instructed the system to delete the software But hacks were still more of an annoyance than anything devastating, though it was quickly becoming apparent . We presume that juries follow such instructions. In August and September 1996, Omega continued to seek a solution, hiring a variety of programmers in hopes of recovering the lost data. self-replicating, sending email to as many as 50 correspondents in the user's Apparently he was counseled on several occasions about these problems, but never improved his behavior. Please verify your address. We also find informative the District Court's instruction to the jury at the close of trial that it should only consider the evidence developed in the case. had Madonna's home phone number, they could hack into the FBI's national crime at 524. Id. position as a network administrator. telecommunications systems, not the internet, to break into Citibank. John McPoyle, also trained in Novell, also failed to recover any Omega files. As this court recently discussed in Wilson, we do not permit jurors to impeach their own verdicts. Similarly, McPoyle acknowledged on cross-examination that at least seven Omega employees had supervisory-level access to the network. Most significant is the fact that the story of the "Love Bug" virus, as explained earlier, is entirely unrelated to the facts and the theories of this case. A jury convicted Lloyd of computer sabotage in May 2000. Tim Lloyd, 39, of Wilmington, Del., must surrender to the U.S. federal court May 6. 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. Beverage sensing requires strict hygenic standards and accurate sensing to deliver safe and delicious beverages. Though damage estimates vary widely, the FBI estimates that the companies artist" rather than a cyberterrorist, Smith was ultimately charged under both at 67. 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. Theater (EDT). 606(b)). When the extraneous information is prejudicial, however omega engineering tim lloyd was rapacious ; damages have Contact Us Alpha Omega Solutions Inc.... 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