Summary
A 47-year-old engineer with a prior security clearance was denied a new clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct). The applicant admitted to viewing and collecting child pornography from the mid-1990s until at least September 2006, sometimes masturbating while viewing the material. He also "burned" CDs and DVDs of the graphic content. His family and friends were unaware of this conduct, which he acknowledged made him vulnerable to legal action.
The applicant sought counseling from a psychologist and attended SAA meetings, but only after becoming aware his security clearance was in jeopardy. However, he did not provide information regarding the progress of his recovery, a diagnosis, or a prognosis for his apparent addiction.
The denial was based on the applicant's admitted pattern of compulsive and self-destructive behavior, the vulnerability to coercion and exploitation created by his undisclosed actions, and his failure to provide independent evidence of successful rehabilitation or control over his sexual addiction. The judge found that the applicant failed to mitigate the serious security concerns related to his illegal conduct, resulting in the denial of his security clearance.
Why the Applicant Was Denied
- Applicant admitted to viewing and collecting child pornography, indicating a pattern of compulsive and self-destructive behavior.
- The applicant's conduct made him vulnerable to coercion and exploitation, as his family and friends were unaware of his actions.
- The applicant failed to provide independent evidence of successful rehabilitation or control over his sexual addiction.
Conditions Referenced
- D.1.aappliedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted
- D.1.bappliedA Pattern of Compulsive, Self-destructive, or High Risk Sexual Behavior That the Person Is Unable to Stop or That May Be Symptomatic of a Personality Disorder
- E.2.eappliedPersonal Conduct, or Concealment of Information About One’s Conduct, That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- J.1.aappliedA Single Serious Crime or Multiple Lesser Offenses
- J.1.cappliedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 8, 2009
- Answer filedMay 18, 2009
- Hearing held—Decided on written record.
- Decision dateNov 12, 2009
Cite For
- Security Concerns Related to Illegal Sexual Behavior Under Guideline D
- Vulnerability to Coercion Due to Undisclosed Personal Conduct Under Guideline E
- Criminal Conduct Implications Under Guideline J