Summary
A 36-year-old defense contractor was granted a security clearance despite allegations under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The Statement of Reasons initially alleged that between 2000 and 2003, the applicant downloaded approximately 100 images of nude children engaged in sexual acts from the Kazaa website. It was also alleged that the applicant downloaded and briefly viewed an image of child pornography, thereby associating with individuals involved in criminal activity.
The judge determined that the applicant's conduct did not constitute sexual behavior under Guideline D. Furthermore, the allegation of downloading multiple images was not established; instead, it was found that only a single image was inadvertently downloaded while using a peer-to-peer file-sharing service during college.
The applicant demonstrated credible intent and took steps to mitigate any potential security concerns. Consequently, the security concerns under Guideline E were mitigated, and the applicant's eligibility for a security clearance was granted.
Why the Applicant Prevailed
- The applicant's conduct did not constitute sexual behavior as defined under Guideline D.
- The allegation of downloading multiple images was not established; only a single image was downloaded inadvertently.
- The applicant demonstrated credible intent and took steps to mitigate any potential security concerns.
Conditions Referenced
- AG ¶ 16(g)appliedAssociation with Persons Involved in Criminal ActivityThe applicant associated with individuals involved in criminal activity through the inadvertent download.
- AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability to ExploitationThe conduct could affect the applicant's personal and professional standing.
- AG ¶ 16(c)appliedCredible Adverse InformationThe conduct raised questions about the applicant's judgment and reliability.
- AG ¶ 17(c)appliedMinor Offense or Unique CircumstancesThe conduct was isolated, occurred many years ago, and was unlikely to recur.
- AG ¶ 17(e)appliedPositive Steps to Reduce VulnerabilityThe applicant voluntarily disclosed the incident and took steps to mitigate risks.
- AG ¶ 17(g)appliedUnwitting Association with Criminal ActivityThe applicant's association with criminal activity was inadvertent and has ceased.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 8, 2017
- Answer filedOct 4, 2017
- Hearing heldJul 26, 2018Hearing convened as scheduled.
- Decision dateOct 3, 2018
Cite For
- Inadvertent Conduct Under Guideline D
- Mitigating Factors for Personal Conduct Under Guideline E
- Whole-person Assessment in Security Clearance Decisions