Summary
A 58-year-old information security engineer with over three decades of security clearance experience was denied a security clearance. The denial stemmed from his admitted past conduct involving the downloading and trading of child pornography, which raised significant security concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct).
The Statement of Reasons alleged that the applicant obtained and stored "less than 1,000 hardcore images of underage children" on his computer and magnetic tapes, and also traded these images on the internet. The applicant admitted to these actions.
Despite evidence of rehabilitation and a lack of recent misconduct, the judge determined that the applicant's behavior reflected a lack of discretion and judgment, making him vulnerable to coercion. The seriousness of the past conduct was deemed sufficient to warrant the denial of the security clearance.
Why the applicant was denied
- Applicant admitted to downloading and trading child pornography, which raised security concerns.
- The applicant's behavior was deemed to reflect a lack of discretion and judgment, making him vulnerable to coercion.
- Despite evidence of rehabilitation, the applicant's past conduct was serious enough to warrant denial of clearance.
Conditions referenced
- E2.A4.1.2.3appliedDC 3: Sexual Behavior Causes Vulnerability to Coercion, Exploitation, or Duress.
- E2.A4.1.2.4appliedDC 4: Sexual Behavior Reflects Lack of Discretion or Judgment.
- E2.A5.1.1rejectedDC 1: Reliable Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances.All unfavorable information was self-reported by the applicant.
- E2.A5.1.2appliedDC 4: Personal Conduct Increases Vulnerability to Coercion, Exploitation, or Duress.
- E2.A4.1.3.2appliedMC 2: the Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar Nature.
- E2.A4.1.3.3appliedMC 3: No Other Evidence of Questionable Judgment, Irresponsibility, or Emotional Instability.
- E2.A4.1.3.4rejectedMC 4: the Behavior No Longer Serves as a Basis for Coercion, Exploitation, or Duress.Applicant continues to feel embarrassment about his conduct.
Key rule quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural posture
- SOR issuedAug 12, 2004
- Answer filedSep 3, 2004
- Hearing heldAug 22, 2005
- Decision dateOct 28, 2005
Cite for
- Security Concerns Related to Past Sexual Behavior Under Guideline D
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E
- Consideration of Rehabilitation Efforts in Security Clearance Decisions.