ISCR Case 05-13515.h1

Case Headnote

ISCR Case No. 05-13515.h1

deniedJan 25, 2007· Hon. Kathryn Moen Braeman· hearing

Summary

A 26-year-old defense contractor was denied a security clearance due to concerns under Guidelines E (Personal Conduct), H (Drug Involvement), J (Criminal Conduct), and M (Use of Information Technology). The applicant's history included using marijuana from 1995 to 2001, with the last use occurring in 2001. However, the primary issues stemmed from extensive computer hacking activities and deliberate falsification of his security clearance application.

Between 2002 and 2003, the applicant hacked into the Direct TV satellite system by altering access cards to obtain premium programming and pay-per-view events, including pornographic movies, without payment. He also enabled family members and friends to access these services. Additionally, he downloaded software to hack Dishnet Satellite Services for a few days as a challenge and acquired over 200 computer programs for personal use without paying between 1999 and 2003, maintaining illegal software until 2006.

Despite mitigating factors regarding his past drug use, the clearance was denied. The applicant willfully failed to disclose his past drug use on his 2002 SF 86, which was deemed deliberate falsification. His extensive computer hacking demonstrated poor judgment and dishonesty, raising serious concerns about his trustworthiness and reliability.

Why the Applicant Was Denied

The applicant willfully failed to disclose past drug use on his 2002 SF 86, which constituted deliberate falsification.
The applicant engaged in extensive computer hacking, including unauthorized access to satellite television services, reflecting poor judgment and dishonesty.
The applicant's conduct raised serious security concerns regarding his trustworthiness and reliability.

Conditions Referenced

Disqualifying

E2.A2.2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
E2.A5.2appliedA Pattern of Dishonesty or Rules Violation

Mitigating

H2.A1.1appliedThe Drug Involvement Was Not Recent
H2.A3.1appliedDemonstrated Intent Not to Abuse Any Drugs in the Future
J2.A1.1appliedThe Behavior Was Not Recent
J2.A6.1appliedClear Evidence of Rehabilitation

Key Rule Quoted

“The responsibility for producing evidence initially falls on the Government to demonstrate that it is not clearly consistent with the national interest to grant or continue Applicant's access to classified information.”

Procedural Posture

SOR issuedMar 29, 2006
Answer filedApr 11, 2006Notarized response, admitted in part and denied in part.
Hearing heldAug 17, 2006Applicant requested a hearing after initially seeking a decision on the record.
Decision dateJan 25, 2007

Cite For

Deliberate Falsification of Security Clearance Applications Under Guideline E
Serious Security Concerns Arising From Personal Conduct and Criminal Activity Under Guidelines E and J
Mitigating Factors for Dated Drug Use Under Guideline H

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	Applicant hacked into the Direct TV satellite system in 2002 to 2003 by altering the card that slides into the satellite receiver to allow access to premium programming and pay-per-view events without paying any fees.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.b	Applicant enabled his father and other family members and four friends to access the satellite programming without paying required fees to Direct TV satellite system.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.c	Applicant downloaded software from a website to alter an access card to obtain services from Dishnet Satellite Services without paying any fees for two to three days in the 2002 to 2003 period as a hacking challenge.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.d	specific text not stated in this decision	Withdrawn	Unspecified Personal Conduct	—	Unknown	—	—	—
1.e	Applicant downloaded more than 200 computer programs for personal use without paying the required cost between 1999 to 2003.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.f	Applicant maintained illegal software on his computers until 2006, despite knowing it was wrong.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.g	specific text not stated in this decision	Against Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant hacked into the Direct TV satellite system in 2002 to 2003 by altering the card that slides into the satellite receiver to allow access to premium programming and pay-per-view events without paying any fees.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

—

Denied

(b) deliberately providing false information to an investigator or official

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.b

Applicant enabled his father and other family members and four friends to access the satellite programming without paying required fees to Direct TV satellite system.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

—

Denied

(b) deliberately providing false information to an investigator or official

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.c

Applicant downloaded software from a website to alter an access card to obtain services from Dishnet Satellite Services without paying any fees for two to three days in the 2002 to 2003 period as a hacking challenge.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

—

Denied

(b) deliberately providing false information to an investigator or official

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.d

specific text not stated in this decision

Withdrawn

Unspecified Personal Conduct

—

Unknown

—

1.e

Applicant downloaded more than 200 computer programs for personal use without paying the required cost between 1999 to 2003.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

—

Denied

(b) deliberately providing false information to an investigator or official

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.f

Applicant maintained illegal software on his computers until 2006, despite knowing it was wrong.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

—

Denied

(b) deliberately providing false information to an investigator or official

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.g

specific text not stated in this decision

Against Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	The applicant used marijuana from 1995 to 2001, including three times in total, with the last use in 2001.	For Applicant	Marijuana	Experimental	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	Documented Abstinence Period Documented Claimed Acknowledgment and Remorse

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

The applicant used marijuana from 1995 to 2001, including three times in total, with the last use in 2001.

For Applicant

Marijuana

Experimental

Admitted

—

(a) behavior happened long ago / infrequent / unlikely to recur

(c) prescription abuse followed a prolonged illness and has since ended

Documented

Abstinence Period Documented

Claimed

Acknowledgment and Remorse

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	Applicant hacked the Direct TV satellite system in 2002 to 2003 by altering the card that slides into the satellite receiver in order to allow access to premium programming and pay-per-view events including pornographic movies without ever paying any fees.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

Applicant hacked the Direct TV satellite system in 2002 to 2003 by altering the card that slides into the satellite receiver in order to allow access to premium programming and pay-per-view events including pornographic movies without ever paying any fees.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶40)	Mitigating applied (¶41)	Mitigation
4.a	specific text not stated in this decision	Withdrawn	Unspecified IT Misuse	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶40)

Mitigating applied (¶41)

Mitigation

4.a

specific text not stated in this decision

Withdrawn

Unspecified IT Misuse

Unknown

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES