Summary
A 38-year-old principal information systems engineer with a master's degree was granted a security clearance despite concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The Statement of Reasons alleged that between 1999 and 2004, the applicant intentionally accessed child pornography by downloading images and videos of underage females using a file-sharing program called Kazaa. It also stated that the applicant engaged in risky behavior by using such software, which exposed him to illegal content.
Disqualifying conditions D.a, D.c, and D.d were raised. However, mitigating conditions D.1, D.2, and E.2 were applied. The judge found that the applicant had taken significant steps to avoid illegal content and had not intentionally downloaded child pornography.
The decision to grant the clearance was based on several factors: the applicant demonstrated a consistent pattern of avoiding illegal pornography and took proactive measures to ensure compliance with the law. Witnesses testified to the applicant's good character and confirmed the absence of any child pornography in his collection. Additionally, expert testimony supported the applicant's claims regarding the nature of his internet searches and the likelihood of encountering illegal material unintentionally.
Why the Applicant Prevailed
- The applicant demonstrated a consistent pattern of avoiding illegal pornography and took proactive measures to ensure compliance with the law.
- Witnesses testified to the applicant's character and the absence of any child pornography in his collection.
- The expert testimony supported the applicant's claims regarding the nature of his internet searches and the likelihood of encountering illegal material.
Conditions Referenced
- D.araisedSexual Behavior of a Criminal Nature
- D.craisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- D.draisedSexual Behavior of a Public Nature And/or That Reflects Lack of Discretion or Judgment
- D.1appliedThe Behavior Was Not Recent and Occurred Under Circumstances That Indicate It Is Unlikely to Recur
- D.2appliedThe Individual Has Acknowledged His Past Behavior and Has Taken Positive Steps to Address It
- E.2appliedThe Individual Has a Stable and Supportive Family Environment
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 issuedApr 25, 2013
- Answer filedMay 10, 2013
- Hearing heldAug 14, 2013Applicant testified and presented witnesses.
- Decision dateDec 2, 2013
Cite For
- Mitigation of Security Concerns Under Guideline D Regarding Sexual Behavior
- Character References and Expert Testimony Supporting Applicant's Claims
- The Importance of Proactive Measures in Addressing Past Conduct Under Guideline E