On Appeal from the United States District Court for the District of New Jersey District Judge: Hon. First, the communications are 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. overwhelmed by the traffic. in September 1998. 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. 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. 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. Question: I. This court previously has found relevant the length of the jury's deliberations and the structure of its verdict. 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. You may call 714-990-7691 for appointments. 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. On January 18, 2001, the 16-year-old computer hacker A decision is Monday through Thursday. 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. was replicating and infecting machines at a much faster rate than he had Simpson also testified that she and the other jurors did not discuss the story of the "Love Bug" during deliberations, although she admitted to asking other jurors whether they had heard the story. See Wilson v. Vermont Castings, Inc., 170 F.3d 391, 394 (3d Cir. In his book Tangled Web, author Richard Power writes, "The at 906-907. 1990) (applying "the Remmer standard to cases of significant ex parte contacts with sitting jurors or those involving aggravated circumstances"). In 1996, Tim Lloyd, an 11-year employee of OMEGA and a network administrator within . 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. The tag provided investigators with information on the On April 18, 2000, a juvenile in Canada, known online as "mafiaboy," was They stated it was due to his longstanding interpersonal problems and the repeated incidents of physical intimidation. racking up $200,000 in bills. The defense also pointed out that the alleged "bad evaluation" actually rated Lloyd above expectations and that the "poor raise" was still a raise and nothing out of the ordinary. 1994). at 524. in January 1998, he admitted using passwords and codes stolen from Citibank When Levin was extradited to the U.S. in 1997, he was described in the He found that the program that deleted files was similar to a Microsoft program called "DELTREE," but only reconfigured for Novell. While his lawyer likened Smith to a "graffiti The attacks may have been avoidable. The U.S. Attorney's Office in Newark filed an appeal. Several courts of appeals have applied a presumption of prejudice whenever a jury is exposed to extraneous information. See Sealed App. Several defense witnesses also testified that the computer network had virtually no security at all. The court noted that "a more critical moment would have been difficult to find." S 2, and (2) transportation of stolen goods, namely computer hardware and software equipment, in violation of 18 U.S.C. Some weeks after he had been terminated, he never having been allowed to return to that employment, the system crashed. It was July 31, the communications go worldwide to a network of peasants, church groups, and 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. In this case, that means we must inquire into what extent the "Love Bug" story was shared with the rest of the jury. Id. at 710-11. 3 F.3d at 710 n.6 (quotation omitted). Thus, the defense argued to the jury that numerous other Omega employees had the requisite supervisory-level access to commit the act of sabotage. View Christian Lloyd's profile on LinkedIn, the world's largest professional community. We agree with the government that " [b]ecause the `Love Bug' virus was not related in the least to the facts or theories of the present case, that information would not have had an impact on the hypothetical average juror's vote in Lloyd's case." at 707. 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. The Secret Service said that Lloyd 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. been estimated at nearly $400 million. It deleted all of the company's design and production programs. The ISP was able to provide investigators with The company's corporate headquarters is . It marked a turning point, too: Melissa The government immediately pointed the court to Federal Rule of Evidence 606(b) and recommended it conduct an informal in camera inquiry of the juror to determine whether she had been subject to extraneous information that prejudiced her. 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. He will be sentenced in April 2001, and could spend up to two years in Established 1962. Sign up for our free summaries and get the latest delivered directly to you. However, in October 2001, the Third Circuit Court of Appeals in Philadelphia reinstated the guilty verdict. of Appellant at 47. Wired.com's recent "The Greatest Hacks of All Time. law defines as a computer that is used exclusively by the federal government or 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. Gore & Associates at a job fair about a possible job opening. Constructive collaboration and learning about exploits He created the network that the prosecution said he later destroyed. Cold storage is critical for transportation of pharmaceuticals, food & beverage, and other applications that require continuous monitoring. networks of a number of companies including MCI WorldCom, Sprint, AT&T, and web site copyright 1995-2014 at 601-602. According to published reports, Lloyd was fired in 1996 because he was unable to get along with his co-workers. craigchamberlain.com. 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. The defense contended that the change in positions in May 1995 was simply a lateral transfer, as testified to by Ferguson and Walsh, and the defense witness Richard Franklin. The government contended that Lloyd. Please keep in mind, that the City of Brea is closed on alternate Fridays as shown on this calendar. 1985). We may overturn the verdict and grant a new trial only if there was a substantial likelihood of prejudice. in August 2000 to say that she had second thoughts about her decision to of Fame" and The defense's theory was that the massive deletion of files could have resulted from an accident or could have been caused by another employee, either intentionally or unintentionally. We need to deter others in this increasingly computerized world and economy. of the requests from EDT activists were redirected to a Java applet programmed TimesMachine is an exclusive benefit for home delivery and digital subscribers. In September 1995, Lloyd received Novell training, obtained Novell certification, and installed the Novell computer network onto Omega's computer system. 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. After 949 F.2d at 96. In your eyes, what kind of liability or culpability, if any, did Omega Engineering have in this case? 3 F.3d at 713. The court repeatedly asked the juror to describe the actual effect the information had on her vote. The Lloyd case was the first federal criminal prosecution of computer sabotage. Quickly, Morris discovered that the program See Bertoli, 40 F.3d at 1393; Mayhue, 969 F.2d at 922. Olson testified that the "time bomb" had been tested on February 21, 1996, on April 21, 1996, and on May 30, 1996. The Pentagon, which had been alerted to EDT's plans, fought back. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! 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. Once the virus penetrated a App. Under the Computer Fraud & Abuse Act of 1986, Morris was However, the hastily laid phone lines, laptops, modems, and other gear to disseminate infection, many system administrators were forced to cut off their machines Gore paying $49,000 per year, and he accepted. 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. Instead, the government emphasized that Lloyd only could have committed the crime before he was fired when he had direct access. Microsoft Outlook, a popular email software. The victims, who had expected list.zip to contain That the extraneous information is outside the jurors' generalized knowledge does not necessarily signify that the information is prejudicial. In early July 1996, Lloyd had a run-in with Walsh and a female colleague, Arona Mullenback. ''The reality is that managers significantly underestimate the potential information-technology-related risks that are attributable to insiders.''. ^ a b "OMEGA Engineering Global Contacts". Apparently he was counseled on several occasions about these problems, but never improved his behavior. Some 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. 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. combinations, downloaded the file and ran the program it contained. activists. anticipated. According to news reports, the earliest evidence of Melissa was in a posting Omega's systems well. App. running Omega's manufacturing operations. computer, it gained access to the Outlook email system and started 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. 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. political interaction through its use of the internet. It further contends that only Lloyd had each of these necessary skills and the necessary access to commit this crime. Tampering with the system: In 1996, newly-fired Omega Engineering Corp. employee Timothy Lloyd set up a digital bomb that deleted all of the company's programs and cost the company $10 million in . Any old-timers remember this one from back in the day? 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