Summary
A 35-year-old senior systems engineer was denied a security clearance under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology Systems). The denial stemmed from a history of illegal file swapping and the theft of computer equipment.
Specifically, the applicant was alleged to have illegally downloaded software, serial numbers, games, study guides, manuals, and movies from 1993 until at least October 20, 2007, and expressed an intent to continue this activity. This long history of unauthorized downloading, spanning over 15 years, was a primary factor. Additionally, the applicant's theft of computer equipment in 1999 further demonstrated a willingness to violate rules.
The judge determined that these actions, particularly the repeated violations of copyright law and the past theft, indicated a lack of reliability, trustworthiness, and good judgment. While one mitigating condition was applied, the disqualifying conditions related to personal conduct and misuse of information technology were not overcome, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant had a long history of illegal file swapping, admitting to downloading copyrighted materials without authorization for over 15 years.
- The applicant's theft of computer equipment in 1999 indicated a willingness to violate rules and regulations.
- The applicant's conduct raised significant doubts about his reliability, trustworthiness, and good judgment.
Conditions Referenced
- AG ¶ 40(f)raisedIntroduction, Removal, or Duplication of Hardware, Firmware, Software, or Media to or From Any Information Technology System Without Authorization
- AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- AG ¶ 41(a)rejectedSo Much Time Has Elapsed Since the Behavior Happened, or It Happened Under Such Unusual CircumstancesThe applicant's last act of illegal downloading was only a year before the hearing, and the behavior was not under unusual circumstances.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedMar 25, 2008
- Answer filedApr 28, 2008
- Hearing heldOct 16, 2008
- Decision dateNov 20, 2008
Cite For
- Denial Based on Long-term Illegal File Swapping Under Guideline M
- Impact of Past Theft on Security Clearance Eligibility Under Guideline E
- Assessment of Reliability and Trustworthiness in Light of Repeated Violations of Law