Summary
Applicant, a 60-year-old computer engineer and U.S. citizen originally from the PRC, faced security clearance concerns under Guidelines B, E, and M due to foreign influence from family in Taiwan and the PRC, and personal conduct involving misuse of company technology. The judge found that Applicant's strong ties to the U.S. and limited foreign connections mitigated the risks, leading to a granted clearance.
Under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline M (Use of Information Technology), the Statement of Reasons alleged the following: Applicant's father is a citizen and resident of Taiwan (1.a). Applicant's brother and two sisters are citizens and residents of Taiwan (1.b). Applicant's father-in-law is a citizen and resident of the PRC (1.c). Applicant has limited contact with his family in Taiwan and the PRC (1.d). Applicant's family members are not in a position to be exploited by a foreign power (1.e). Applicant knowingly violated his employer’s rules by using his company computer to access and download pornographic materials, causing Applicant to be terminated from his place of employment (2.a). Applicant knowingly violated his employer’s rules by using his company computer to access and download pornographic materials (3.a).
The judge granted the clearance. The government raised disqualifying conditions E2.A2.1.2.1, E2.A5.1.2.5, E2.A13.1.2.1, E2.A13.1.2.4. The judge applied mitigating conditions E2.A2.1.3.1, E2.A5.1.3.1, E2.A13.1.3.1. The decision turned on the following: Applicant's strong attachment to the U.S. and long history here make it unlikely he would act against U.S. interests; Family members in Taiwan and the PRC are not in a position to be exploited to compromise Applicant's loyalty; The conduct leading to termination from employment occurred almost five years ago and is unlikely to recur.
Why the Applicant Prevailed
- Applicant's strong attachment to the U.S. and long history here make it unlikely he would act against U.S. interests.
- Family members in Taiwan and the PRC are not in a position to be exploited to compromise Applicant's loyalty.
- The conduct leading to termination from employment occurred almost five years ago and is unlikely to recur.
Conditions Referenced
- E2.A2.1.2.1raisedForeign Influence
- E2.A5.1.2.5raisedPersonal Conduct
- E2.A13.1.2.1raisedMisuse of Technology Systems
- E2.A13.1.2.4raisedMisuse of Technology Systems
- E2.A2.1.3.1appliedForeign InfluenceFamily members are not agents of a foreign power or in a position to exploit Applicant.
- E2.A5.1.3.1appliedPersonal ConductThe misconduct occurred a long time ago and is unlikely to recur.
- E2.A13.1.3.1appliedMisuse of Technology SystemsThe misuse was not recent and occurred for a brief period.
Key Rule Quoted
“"The adjudication process is based on the whole person concept. All available, reliable information about the person, past and present, is to be taken into account in reaching a decision as to whether a person is an acceptable security risk."”
Procedural Posture
- SOR issuedDec 20, 2004
- Answer filedJan 21, 2005
- Hearing heldJan 31, 2006
- Decision dateJan 19, 2007Decision on remand.
Cite For
- Mitigation of Foreign Influence Under Guideline B
- Consideration of Past Conduct in Personal Conduct Cases
- Application of Mitigating Conditions for Misuse of Technology Systems.