Summary
A 35-year-old senior consultant for a defense contractor was denied a security clearance due to disqualifying conduct under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The applicant's history included downloading, viewing, and saving pornographic images, some of which depicted minors engaged in sexual acts with adults. This behavior was described by the applicant as an addiction to pornography and was associated with a diagnosed sexual disorder not otherwise specified.
Further concerns arose from the applicant's illegal downloading and sharing of copyrighted material, as well as modifying a radio scanner to eavesdrop on prohibited frequencies. These actions raised questions about the applicant's judgment, reliability, and potential vulnerability to coercion or exploitation.
The denial was based on the applicant's engagement in downloading and possessing pornographic images, including those of minors, which demonstrated a significant lack of discretion and judgment. The criminal conduct was deemed both recent and not isolated, with insufficient evidence of successful rehabilitation. Consequently, granting a security clearance was determined to be inconsistent with national interest.
Why the Applicant Was Denied
- Applicant engaged in downloading, viewing, and saving pornographic images, including those of minors involved in sexual acts with adults.
- Applicant's conduct demonstrated a significant lack of discretion and judgment.
- Applicant's criminal conduct was both recent and not isolated, failing to show evidence of successful rehabilitation.
Conditions Referenced
- E2.A4.1.2.1raisedSexual Behavior of a Criminal Nature
- E2.A4.1.2.2raisedCompulsive or Addictive Sexual Behavior
- E2.A4.1.2.3raisedSexual Behavior That Causes Vulnerability to Coercion
- E2.A4.1.2.4raisedSexual Behavior Reflecting Lack of Discretion
- E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
Key Rule Quoted
“The government has a compelling interest in ensuring each Applicant possesses the requisite judgment, reliability, and trustworthiness of those who must protect national interests as their own.”
Procedural Posture
- SOR issuedJul 29, 2005
- Answer filedAug 22, 2005
- Hearing heldSep 18, 2006
- Decision dateMar 26, 2007
Cite For
- Disqualifying Conduct Under Guideline D Related to Sexual Behavior Involving Minors
- Disqualifying Conduct Under Guideline J for Criminal Behavior Including Eavesdropping and Copyright Infringement
- Disqualifying Conduct Under Guideline E for Poor Judgment and Personal Conduct