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