Summary
A 38-year-old defense contractor with a history of security clearance was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), J (Criminal Conduct), and M (Misuse of Information Technology Systems). The applicant admitted to accessing child pornography websites 12 times on his employer's computer, in a public area at work, which violated federal law and company policy. He also accessed adult pornography on his work computer.
The judge found that the applicant's actions demonstrated a lack of judgment and trustworthiness. His conduct indicated a vulnerability to exploitation, as he only disclosed his actions to his wife and pastor, keeping it secret from his supervisor, friends, and coworkers. The frequent and recent viewing of pornography raised questions about his reliability and trustworthiness, especially since it occurred while he held a security clearance.
The applicant's conduct was not mitigated by any evidence of rehabilitation or change in behavior. His admissions to illegal activity and policy violations, coupled with the recent nature of the conduct, led to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to accessing child pornography on his work computer, which is illegal and violated company policy.
- His conduct raised significant concerns about his reliability and trustworthiness, as it occurred while he held a security clearance.
- The applicant's recent viewing of pornography undermined any claims of rehabilitation or mitigation of security concerns.
Conditions Referenced
- AG ¶ 13(a)appliedSexual Behavior of a Criminal Nature
- AG ¶ 13(c)appliedVulnerability to Coercion, Exploitation, or Duress
- AG ¶ 13(d)appliedLack of Discretion or Judgment
- AG ¶ 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)appliedAdmission of Criminal Conduct
- AG ¶ 16(d)appliedCredible Adverse Information
- AG ¶ 16(e)appliedConcealment of Information Creating Vulnerability
Key Rule Quoted
“A security clearance decision is intended only to resolve the question of whether it is clearly consistent with the national interest for an Applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedAug 13, 2008
- Answer filedAug 28, 2008Applicant admitted all allegations except one.
- Hearing heldDec 11, 2008
- Decision dateMar 10, 2009
Cite For
- Denial of Security Clearance Due to Criminal Conduct Involving Child Pornography
- Lack of Trustworthiness Due to Misuse of Information Technology Systems
- Failure to Mitigate Security Concerns Under Multiple Guidelines