Summary
A 47-year-old network technician was denied a security clearance under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology). The denial stemmed from the applicant's improper use of a company computer to access pornographic websites over a four-month period, from January to May 2003, in violation of company policy. This conduct was cited as raising significant security concerns.
The Statement of Reasons detailed the applicant's improper use of his company computer to access pornographic sites during the specified four-month period. The judge found that the applicant's actions were significant and deliberate, occurring approximately 40 times.
Despite the application of several mitigating conditions, the applicant admitted to the conduct but failed to demonstrate sufficient mitigation of his actions or a change in behavior after being confronted. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- Applicant admitted to accessing pornographic websites on his company computer for four months, violating company policy.
- The applicant's conduct was significant and deliberate, occurring approximately 40 times within the four-month period.
- The applicant failed to demonstrate sufficient mitigation of his actions or a change in behavior after being confronted.
Conditions Referenced
- E2.A1.3.1.2.1raisedIllegal or Unauthorized Entry Into Any Information Technology System
- E2.A1.3.1.2.3raisedRemoval (or Use) of Hardware, Software or Media From Information Technology System Without Authorization
- E2.A5.1.2.5appliedA Pattern of Dishonesty or Rule Violations
- E2.A1.3.1.3.1rejectedThe Misuse Was Not Recent or SignificantThe conduct occurred within the last two years and was significant.
- E2.A1.3.1.3.2rejectedThe Conduct Was Unintentional or InadvertentThe applicant's behavior was deliberate over a four-month period.
- E2.A1.3.1.1.3rejectedThe Introduction of or Removal of Media Was Authorized
- E2.A1.3.1.3.4rejectedThe Misuse Was an Isolated EventThe applicant accessed pornographic sites on at least 40 occasions.
Key Rule Quoted
“An applicant has the ultimate burden of persuasion to show he has mitigated past inappropriate conduct and he warrants access to classified information.”
Procedural Posture
- SOR issuedJul 20, 2004
- Answer filedAug 10, 2004
- Hearing held—Decided on a written record.
- Decision dateJun 29, 2005
Cite For
- Denial of Clearance Due to Misuse of Company Technology Under Guideline M
- Pattern of Dishonesty or Rule Violations Under Guideline E
- Significance of Deliberate Conduct in Security Clearance Decisions.