Summary
A 36-year-old project manager for a defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology). The allegations stemmed from the applicant's termination in February 2015 for uploading 551 megabytes of encrypted data, which included pornographic material, from a personal home network to a corporate computer system around November 2014, in violation of company policy.
Further concerns arose from allegations that the applicant falsified his 2015 Security Clearance Application (SCA) by omitting his termination for this incident and provided false answers during a November 2015 personal subject interview regarding the reasons for his termination.
However, the judge found that the applicant's misuse of information technology was unintentional and occurred under unusual circumstances. Mitigating factors included the applicant's completion of a cybersecurity course, his signed statement of intent to avoid future violations, and his credible testimony. The applicant's history of responsible behavior in the defense industry also contributed to the decision to grant the security clearance.
Why the Applicant Prevailed
- The applicant's misuse of information technology was deemed unintentional and occurred under unusual circumstances.
- The applicant demonstrated a commitment to cybersecurity by completing a course and signing a statement of intent to avoid future violations.
- The applicant's credible testimony and history of responsible behavior in the defense industry mitigated concerns.
Conditions Referenced
- AG ¶ 40(a)raisedUnauthorized Entry Into Any Information Technology System
- AG ¶ 40(e)raisedUnauthorized Use of Any Information Technology System
- AG ¶ 41(a)appliedSo Much Time Has Elapsed Since the Behavior Happened, or It Happened Under Such Unusual Circumstances, That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good Judgment
- AG ¶ 41(c)appliedThe Conduct Was Unintentional or Inadvertent and Was Followed by a Prompt, Good-faith Effort to Correct the Situation and by Notification to Appropriate Personnel
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 3, 2017
- Answer filedApr 27, 2017
- Hearing heldApr 10, 2018
- Decision dateJun 11, 2018
Cite For
- Mitigation of Security Concerns Under Guideline M Due to Unintentional Misuse of Technology
- Consideration of Unusual Circumstances in Personal Conduct Cases
- Importance of Credible Testimony in Security Clearance Determinations