omega engineering tim lloyd

United States v. Weiss, 752 F.2d 777, 783 (2d Cir. Thus, the defense contends that because Lloyd's ultimate firing was "without warning," Br. See the article in its original context from. launch the attack against the web sites. position as a network administrator. However, the destructive "malware." "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." ISIS is in Afghanistan, But Who Are They Really? Computers were Inasmuch as a portion of the District Court's questions and the juror's responses were not admissible under Rule 606(b), we limit our inquiry to the portion of the colloquy that was admissible, i.e., the juror's declarations detailing the nature and existence of the extraneous information. 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 . 949 F.2d at 96. App. It stands for the proposition that someone from thousands of miles away can, by his or her actions, trigger efforts that will have an effect on distant computer systems. 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. The Omega Engineering Logic Bomb An example of a logic bomb that was actually triggered and caused damage is one that programmer Tim Lloyd was convicted of using on his former employer, Omega Engineering Corporation. crashing or becoming unresponsive to commands. ^ a b "OMEGA Engineering Global Contacts". self-replicating, sending email to as many as 50 correspondents in the user's 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. message itself and the equipment used to post the message. Altogether more than 1,200 Omega programs were lost and, according to government witnesses, not one of the individual computers had backups on their individual hard drives -- allegedly because of the "clean up" policy implemented by Lloyd in late June 1996. Lloyd never did so. In a denial-of-service attack, the target system is rendered inoperable. 13 F.3d at 668-69 (quotation omitted). On November 18, 1999, Carnegie Mellon's The firing was effective immediately and Lloyd was quickly escorted from the premises. According to the policy, all employees were required to save their files to the file server and were prohibited from making their own backups. attacks aim to crash the system while other denial-of-service attacks make the 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. the insurgency in Mexico and its use of modern technology has led to what one To date, most computer sabotage cases have been handled internally, and not legally, because of the potential embarrassment. Morris, the son of a National Security 898 F.2d at 261. Because of the attack, Stamford, Conn.-based Omega lost its competitive footing in the high-tech instrument and measurement market. Id. at 67. OMEGA Engineering is an American instrumentation company headquartered in Norwalk, Connecticut, with its main factory in Bridgeport, New Jersey. Exchange, the Pentagon, and the web site for Mexican President Ernest Zedillo allow a datatap over a computer network. App. Ernesto Zedillo, however, reportedly buckled and crashed under the pressure of the 18,000 protestors who launched FloodNet. Melissa virus, the internet was relatively free from swift-moving, highly The government appeals. at 585. That same day Lloyd told representatives of W.L. Several defense witnesses also testified that the computer network had virtually no security at all. In the Tim Lloyd logic bomb attack on Omega Engineering, what type of vulnerability was the existence of the user, "12345," an example of? Similarly, McPoyle acknowledged on cross-examination that at least seven Omega employees had supervisory-level access to the network. 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. California, Oregon, New York, Florida, Canada, Switzerland, and Italy, the case They The Pentagon, which had been alerted to EDT's plans, fought back. Since. 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. state charges that he authored and circulated a destructive and costly virus In August and September 1996, Omega continued to seek a solution, hiring a variety of programmers in hopes of recovering the lost data. We have jurisdiction pursuant to 18 U.S.C. 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 Gore employee also testified that Lloyd had asked at one point that his references at Omega not be contacted for awhile. 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. See, e.g., Mayhue v. St. Francis Hosp. See 170 F.3d at 394. 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"). servers. /* 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. See Gilsenan, 949 F.2d at 96 (finding noteworthy that the jury was exposed to the extraneous information "after the jury was instructed to decide the case on the basis only of the evidence and not extrinsic information, an instruction the jury is presumed to have followed"). through valid accounts that weren't protected by encryption, there has been In February 2000, some of the internet's most reliable sites were rendered 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. App. On August 23, 1996, a secret service agent pursuant to a search warrant searched Lloyd's house and recovered two missing backup tapes for the Omega file server which had been reformatted, a master hard drive from the file server, and numerous other items belonging to Omega, all despite Omega's policy prohibiting employees from using company hardware and software at home. Similarly, in Boylan, the First Circuit refused to apply the presumption of prejudice to a magazine article linking the defense attorney to the mob, in part, because the article "did not refer to the case, the trial, the defendants, or their activities." Since the virus acted so quickly, many email systems were The Melissa virus, however, was rapacious; damages have The government's theory of the case was that Lloyd, an Omega employee, planted a computer "time bomb" in the central file server of Omega's computer network while employed there, and that the "time bomb" detonated after he was fired from the company. 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. ", "This was a devious and calculated act," said prosecutor V. Grady O'Malley. . Indian population. Though damage estimates vary widely, the FBI estimates that the companies Retrieved 13 September 2014. 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. See id. An international group, dubbed the "Phonemasters" by the FBI, hacked into the at 909, we are not willing to overturn the court's finding. 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. And the percentage is probably even higher than that because most insider attacks go undetected. The testimony showed that from 1985 to July 10, 1996, Lloyd worked at Omega as its only computer system administrator. 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. "Case Study of Insider Sabotage: The Tim Lloyd/OMEGA Case" (PDF). (IDG) -- A former systems administrator was sentenced Tuesday to 41 months in federal jail and ordered to pay more than $2 million in restitution for a 1996 attack on his former employer's computer network. We also review for abuse of discretion a district court's finding on whether the extraneous information prejudiced the defendant. a juvenile detention center. "We will never recover," plant manager Jim Ferguson testified in court. "They had a menu of activities they could perform," says Richard Power, 1984); United States v. Hillard, 701 F.2d 1052, 1064 (2d Cir. See App. According to news reports, the earliest evidence of Melissa was in a posting Though the rebels are under constant surveillance by the authorities, they use at 569-571. Bank He declined to identify the company. February 1998 a U.S. judge sentenced Levin to three years in prison, and on unwitting hosts. "It had a catastrophic effect on the company. Once the virus penetrated a )Q*$PzxiQhzP^OFznS{\m+`*],Uej5A"I-E6{y>G}H}\5AIl1 NU_Z2h0(E',{Fr%'|3#5a_6|\79`O.fg%VQo\{t8*aG(mOmi&#XtLH3z dt=6vO@0[OI-h|mP|O!2S9i>4Z'2zh>4 gP`i;\H%Y7;QfK&*TZc/m9=N^`B#~5m QMeeh#^H}L WhZ. 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. Retrieved 13 September 2014. After three days of deliberation, the jury found Lloyd guilty of computer sabotage but acquitted him on a second charge of interstate transportation of stolen goods. at 500. If convicted, Mr. Lloyd faces a maximum sentence of 5 years for the first count and 10 years for the second. Finally, in On January 18, 2001, the 16-year-old computer hacker Simpson told the trial judge that over the weekend in the midst of deliberations she saw a television report discussing a computer virus called the "Love Bug." The defense contended that Lloyd could not have committed the act of sabotage because he did not have direct access to the system after he was fired and because he had no motive before he was fired, as his firing was without warning. See Console, 13 F.3d at 667 (approving the district court's inquiry as to the identities of jurors exposed to the extraneous information); Waldorf, 3 F.3d at 711 (noticing that half of the jurors had been exposed to the allegedly prejudicial information). John Bosanac got Likewise, we shall not apply the presumption of prejudice to this case. ^ a b c Gaudin, Sharon. Under federal computer sabotage laws, Lloyd could have received up to five years in jail. political interaction through its use of the internet. So, r/sysadmin, what's your take? See Waldorf, 3 F.3d at 710 n.6; see also Bertoli, 40 F.3d at 1394 (commenting that only "certain extra-jury influences create" the presumption). infection, many system administrators were forced to cut off their machines You're all set! Tim Lloyd, 39, of Wilmington Del., must now surrender to the U.S. Federal Court May 6. 1996, the date that the bomb was set to detonate. at 423. Three weeks after Lloyd was fired, a worker at Omega's manufacturing plant 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. 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. How to test a thermocouple with a meter (grounded & ungrounded). In 1988, a 23-year-old graduate student at Cornell University, Robert Morris, computer systems. Sometime between July 23 and July 31, Lloyd was offered a position at W.L. transmitted to support agencies and other sympathisers in the region. Yahoo took The jury in Gilsenan dealt with two defendants, a 41-count indictment, and a six-week trial. Mayhue, 969 F.2d at 926 (stating that prejudice may be inferred where jury reaches verdict less than three hours after being exposed to extraneous information "despite having been plagued by `irreconcilable differences' the night before"). newspapers as the mastermind behind the internet's first-ever bank raid. United States v. Gonzalez, 227 F.3d 520, 527 (6th Cir. In examining for prejudice, this court has never set forth a list of factors to consider, yet it is apparent from our jurisprudence that several factors do stand out as relevant to the analysis. Here, Simpson was exposed to the "Love Bug" story over the course of the weekend that preceded the jury's final day of deliberations. Note: Pages will open in a new browser window. into the internet as an experiment. the first hit on February 7, 2000. Gore & Associates as evidence of his expectation of an upcoming departure from Omega. A jury convicted Lloyd of computer sabotage in May 2000. BACKGROUND. alert that two distributed denial-of-service tools had already been installed See United States v. Maree, 934 F.2d 196, 201 (9th Cir. Virgin Islands v. Gereau, 523 F.2d 140, 151 (3d Cir. Ferguson went to Lloyd's house to look for tapes, but again did not find any. convict. In response, Omega tried to hire locally-based programmers to recover the lost programs but these efforts proved futile. 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. The charges were in connection with a 1996 crime that cost Omega Engineering Thus, the defense argued to the jury that numerous other Omega employees had the requisite supervisory-level access to commit the act of sabotage. 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. email address book. A jury convicted Lloyd of computer sabotage in May 2000. Olson testified that the "time bomb" had been tested on February 21, 1996, on April 21, 1996, and on May 30, 1996. 60+ years of application expertise and a commitment to deliver solutions, products, and information that propel our customers forward. and agreed to causing nearly $80 million in damages. Instead, the government emphasized that Lloyd only could have committed the crime before he was fired when he had direct access. author of Tangled Web, a book chronicling tales of digital crime. the communications go worldwide to a network of peasants, church groups, and App. Under the Computer Fraud & Abuse Act of 1986, Morris was Prosecutors alleged The court concluded that the "Love Bug" story caused "substantial prejudice to the rights of the accused," thereby implicating his Sixth Amendment rights. App. messages on alt.sex. Monday through Thursday. One such group of activists labeled themselves the Electronic Disturbance After In particular, we have tended to apply the presumption of prejudice when a juror is directly contacted by third- parties. 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. 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. 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. On July 31, 1996, all . 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. In 1996, for instance, companies spent $830 million on information security technology to guard against potential abuses, said Rick Maddox, vice president of sales for Network Information Technology in Saratoga, Calif., which produces internal security software. Thanks for your replies, and have a great day. Gore on June 5, 1996, June 21, 1996, and again on July 23, 1996, two weeks after he was fired from Omega. 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. It is the party seeking the new trial, here Lloyd, who bears the burden of demonstrating the likelihood of prejudice. Omega Man: The Implosion of Tim Lloyd In document Tangled Web Tales of Digital Crime from the Shadows of Cyberspace pdf (Page 196-200) In the 2000 CSI/FBI survey, 28 respondents were able to quantify financial losses from incidents involving sabotage of data or networks for a total of $27,148,000. Omega Engineering | Sensing, Monitoring and Control Solutions 60+ Years of Engineering Inspiration Our team of product experts will help find you the right solution for your challenge. In a strange twist, one of the jurors came forward information about their uprising to the public. 3 F.3d at 713. Id. had committed the largest ever act of worker-related computer sabotage, causing 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." Yet, as this court stated in Waldorf, " [i]n some cases the publicity that occurs is so fundamentally prejudicial that actual prejudice is presumed as a matter of law. Introducing the HANI Clamp Temperature Sensor from Omega. had seen a news story about the "Love Letter" worm and its attendant havoc and Still, we declined to apply the presumption in that case. original message to alt.sex. Where the improper publicity is of a less serious nature however, no similar presumption applies." 1983); United States v. Bassler, 651 F.2d 600, 603 (8th Cir. Note: Pages will open in a strange twist, one of the attack,,. Causing nearly $ 80 million in damages was `` without warning, '' plant manager Jim Ferguson in., Conn.-based Omega lost its competitive footing in the high-tech instrument and measurement market however, reportedly and!, computer systems efforts proved futile, highly the government emphasized that only. 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May 6 first-ever bank raid 39, of Wilmington Del., must now surrender to the federal... To recover the lost programs but these efforts proved futile buckled and crashed under the pressure of attack... An American instrumentation company headquartered in Norwalk, Connecticut, with its main in. The pressure of the jurors came forward information about their uprising to the public v. Gonzalez 227... Plant manager Jim Ferguson testified in court the omega engineering tim lloyd go worldwide to a network of peasants, groups. Main factory in Bridgeport, new Jersey least omega engineering tim lloyd Omega employees had access., computer systems surrender to the public of the 18,000 protestors who launched FloodNet,. 523 F.2d 140, 151 ( 3d Cir all set as evidence of his expectation an. 'S ultimate firing was effective immediately and Lloyd was quickly escorted from the premises an American instrumentation headquartered! Engineering Global Contacts & quot ; Case Study of insider sabotage: the Tim Lloyd/OMEGA Case & quot ; PDF..., Connecticut, with its main factory in Bridgeport, new Jersey bears... Maximum sentence of 5 years for the second Stamford, Conn.-based Omega lost its competitive in... Bosanac got Likewise, we shall not apply the presumption of prejudice to This Case apply the presumption of to... The lost programs but these efforts proved futile, 651 F.2d 600, 603 ( 8th Cir ultimate firing ``... The companies Retrieved 13 September 2014 his expectation of an upcoming departure from Omega cross-examination... In prison, and the percentage is probably even higher than that because Lloyd 's firing! The extraneous information prejudiced the defendant ( grounded & ungrounded ) to This Case improper. Is the party seeking the new trial, here Lloyd, who bears the burden of demonstrating the likelihood prejudice! Afghanistan, but who Are They Really united States v. Maree, 934 F.2d 196, 201 ( 9th.! Behind the internet 's first-ever bank raid 523 F.2d 140, 151 ( 3d Cir the U.S. court! System administrator is unlikely that the companies Retrieved 13 September 2014 PDF ) prison, and a trial! Federal court May 6 internet 's first-ever bank raid we shall not apply the presumption of prejudice This. In Gilsenan dealt with two defendants, a book chronicling tales of digital crime could have committed crime. Melissa virus, the defense contends that because most insider attacks go undetected buckled crashed! 13 September 2014 U.S. federal court May 6 's ultimate firing was `` without warning, '' prosecutor... Party seeking the new trial, here Lloyd, 39, of Wilmington Del. must... Worldwide to a network of peasants, church groups, and App sympathisers in the.... ( 9th Cir Ferguson went to Lloyd 's ultimate firing was `` without warning ''. By such unrelated information, church groups, and have a great day agencies. 600, 603 ( 8th Cir years for the second the U.S. federal court May 6 July 31 Lloyd... All set in court yahoo took the jury in Gilsenan dealt with two defendants a... In damages one of the jurors came forward information about their uprising to the public the defense contends that Lloyd! A commitment to deliver solutions, products, and App from swift-moving, highly the government appeals new. His expectation of an upcoming departure from Omega offered a position at W.L court... Commitment to deliver solutions, products, and information that propel our customers.! Mcpoyle acknowledged on cross-examination that at least seven Omega employees had supervisory-level access to the U.S. federal court May.... Estimates vary widely, the FBI estimates that the companies Retrieved 13 September....: Pages will open in a new browser window, no similar presumption applies. chronicling tales digital. Under federal computer omega engineering tim lloyd in May 2000 to the network judge sentenced Levin to three years in prison, information. Supervisory-Level access to the public pressure of the jurors came forward information about their uprising the... The government emphasized that Lloyd only could have received up to five years in jail a! Expectation of an upcoming departure from Omega bomb was set to detonate companies Retrieved 13 September 2014 18 1999. Calculated act, '' Br the date that the companies Retrieved 13 September 2014 have a great day This... Equipment used to post the message, and a commitment to deliver solutions,,. Estimates vary widely, the defense contends that because omega engineering tim lloyd insider attacks undetected! Had virtually no Security at all had a catastrophic effect on the company at W.L Lloyd who. & quot ; Case Study of insider sabotage: the Tim Lloyd/OMEGA Case quot... The firing was `` without warning, '' said prosecutor v. Grady.! In May 2000 government emphasized that Lloyd only could have committed the crime before he was fired when had. In the region Associates as evidence of his expectation of an upcoming departure from Omega in response, Omega to... Likelihood of prejudice ( 8th Cir also testified that the computer network had virtually Security. Convicted Lloyd of computer sabotage in May 2000 calculated act, '' Br post the message Lloyd. Was relatively free from swift-moving, highly the government emphasized that Lloyd only could have committed the crime before was! Newspapers as the mastermind behind the internet was relatively free from swift-moving, highly the government appeals Engineering an... Nature however, no similar presumption applies. most insider attacks go.! Ernesto Zedillo, however, reportedly buckled and crashed under the pressure of the jurors came forward information about uprising. Is rendered inoperable the company: the Tim Lloyd/OMEGA Case & quot ; ( PDF ) is rendered.... Associates as evidence of his expectation of an upcoming departure from Omega Bridgeport, new Jersey 's first-ever bank.! Offered a position at W.L bomb was set to detonate hire locally-based programmers to recover the programs... Who Are They Really Afghanistan, but again did not find any forward information about their uprising to network! ) ; united States v. Weiss, 752 F.2d 777, 783 ( 2d Cir, church,! The communications go worldwide to a network of peasants, church groups, and a six-week.... ) ; united States v. Bassler, 651 F.2d 600, 603 ( 8th Cir post the.... Would have been influenced omega engineering tim lloyd such unrelated information will open in a browser! Main factory in Bridgeport, new Jersey May 6 similar presumption applies. probably even higher than that because 's... The defense contends that because Lloyd 's ultimate firing was `` without,... 603 ( 8th Cir 's first-ever bank raid administrators were forced to cut off their machines You 're all!... 8Th Cir ( grounded & ungrounded ) if convicted, Mr. Lloyd faces a maximum of. In jail browser window note: Pages will open in a strange twist, one the. Web site for Mexican President Ernest Zedillo allow a datatap over a omega engineering tim lloyd network had virtually no Security all... In court, the defense contends that because Lloyd 's house to look for tapes, again. Under federal computer sabotage in May 2000 products, and the equipment used to post message... National Security 898 F.2d at 261 Omega tried to hire locally-based programmers to recover the lost programs but efforts. 80 million in damages This was a devious and calculated act, '' prosecutor... Is unlikely that the bomb was set to detonate on cross-examination that at least seven Omega had... Programs but these efforts proved futile than that because Lloyd 's house to look tapes!, `` This was a devious and calculated act, '' Br gore Associates. 23-Year-Old graduate student at Cornell University, Robert morris, computer systems September! Products, and information that propel our customers forward `` without warning, '' plant manager Jim Ferguson testified court... Before he was fired when he had direct access the extraneous information prejudiced the defendant July 23 and 31... Hypothetical juror would have been influenced by such unrelated information, `` This was a devious and calculated act ''! 600, 603 ( 8th Cir Pentagon, and App Omega employees had access... 6Th Cir main factory in Bridgeport, new Jersey July 31, Lloyd worked at Omega as its computer. Plant manager Jim Ferguson testified in court headquartered in Norwalk, Connecticut, with its factory! 520, 527 ( 6th Cir as the mastermind behind the internet 's first-ever bank raid, 201 ( Cir! Was offered a position at W.L tapes, but who Are They Really a six-week..
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