Summary
A 24-year-old software/systems engineer was evaluated for a security clearance, facing concerns under Guidelines E (Personal Conduct), H (Drug Involvement), and M (Use of Information Technology). The Statement of Reasons detailed past illegal activities, including creating and operating a 30-computer botnet, unauthorized access to a food shop's wireless internet, and illegal drug possession and use. While the applicant had experimented with Trojan horses in grade school, this specific conduct was not deemed a security concern.
Disqualifying conditions were raised under M.1.a, M.1.b, H.1.a, H.1.c, E.1.c, and E.1.e. However, the judge applied mitigating conditions M.2.a, H.2.a, H.2.b, E.2.c, E.2.d, and E.2.e. The applicant demonstrated a commitment to securing computer networks, indicating a significant change from past IT misconduct, which occurred during adolescence and was deemed unlikely to recur.
Furthermore, the applicant had not used illegal drugs since July 2009 and showed a clear intent to remain drug-free. Based on these mitigating factors, the judge determined that the applicant had resolved the security concerns, and eligibility for a security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant demonstrated a commitment to securing and defending computer networks after past misconduct.
- He has not used illegal drugs since July 2009 and has shown a clear intent to remain drug-free.
- The applicant's past IT misconduct occurred during adolescence and was unlikely to recur, reflecting a change in behavior.
Conditions Referenced
- M.1.araisedIllegal or Unauthorized Entry Into Any Information Technology System or Component Thereof
- M.1.braisedIllegal or Unauthorized Modification, Destruction, Manipulation or Denial of Access to Information, Software, Firmware, or Hardware in an Information Technology System
- H.1.araisedAny Drug Abuse
- H.1.craisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- E.1.craisedCredible Adverse Information in Several Adjudicative Issue Areas That Is Not Sufficient for an Adverse Determination Under Any Other Single Guideline
- E.1.eraisedPersonal Conduct, or Concealment of Information About One’s Conduct, That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- M.2.aappliedSo Much Time Has Elapsed Since the Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- H.2.aappliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
- H.2.bappliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
- E.2.cappliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- E.2.dappliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior or Taken Other Positive Steps to Alleviate the Stressors, Circumstances, or Factors That Caused Untrustworthy, Unreliable, or Other Inappropriate Behavior, and Such Behavior Is Unlikely to Recur
- E.2.eappliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedFeb 10, 2011
- Answer filedApr 15, 2011
- Hearing held—Case decided on written record.
- Decision dateAug 3, 2011
Cite For
- Mitigation of Past IT Misconduct Under Guideline M Due to Age and Time Elapsed
- Demonstrated Intent to Remain Drug-free Under Guideline H
- Whole-person Assessment Considering Past Conduct and Current Professional Integrity Under Guideline E