Downloading Media


#1

In the SF 86 section 27: Technology.

The question was asked “In the last seven (7) years have you introduced, removed, or used hardware, software, or media in connection with any information technology system without authorization, when specifically prohibited by rules, procedures, guidelines, or regulations or attempted any of the above?”

I’ve read in another discussion that this references downloading of copyright material to personal computers and not necessarily work computers.

How does one answer this question. If the person has downloaded for maybe 3 years (approximately) and received a letter from the ISP that they are now required to report activities to the government on the use P2P. Since, that letter all downloading of this type of media has stopped. This might have occurred before 2014.

Is that is an immediate disqualification for a secret?


#2

No one can say if it’s immediate disqualification.

You need to describe how you have mitigated any concerns and answer the form truthfully. There is a comments field for it. Investigator may ask about it


#3

Mitigated = since the incident, stopped all downloading of media. Have been purchasing media via Itunes or Amazon.

I hope this answer helps. Also, dates that this happened is a blur but certain it was within the 7 years.


#4

Don’t overthink the question. Answer it to the best of your knowledge and be honest throughout the form.

If you have nothing to hide then the level of concern should be low.

If it happens to come up and you decide not to discuss personal downloading that was a one off incident then that is your chance to explain how you interpreted the question.


#5

@happy247 - you should answer “yes” and explain.


#7

Totally agree with your point here.


#8

I received a denial for illegal downloading.

I never considered that was what that question was asking. But when a polygrapher got me to admit my illegal downloading, it wasn’t even under the guideline for technology misuse, but under the criminal conduct guideline. I was completely truthful with my downloading, and after glowing reference letters, a year of no downloading, and previously holding a TS/SCI with CI Poly for 4 years with no incidents, I received an SOR, responded with lawyer, they upheld the denial, requested in person panel, went to panel with lawyer, and they still upheld the denial.

So I’ve been unemployed for 8 months so far. So, yeah, be careful.


#9

It’s not misuse of technology. It is criminal activity. The fact that you stopped a year before doesn’t mitigate the fact that you were participating in criminal activity AND putting all of the information on your computer system at risk while you were a cleared individual.


#10

So based on what I’m reading from everyone’s post. If its recently (1 year), its high chance of being denied.

My situation is 4 to 5 years ago. This is still a possibility.


#11

No . . . There’s a chance that you will have a problem but you should be able to be cleared. I’m assuming that you were young, you have the passage of time in your favor and you were not cleared when you were downloading.


#12

Geez that is unfortunate and seems a little drastic. I’m sorry this happened to you.


#13

Its a criminal copyright infringement issue. This is not looked upon favorably at all. Put yourself in the governments position. Would you grant a clearance to someone that breaks the law and essentially steals? A clearance is a privilege not a right. Too many people do not understand this.


#14

Yes it is still possible. All the circumstances will be taken into consideration and if you don’t have a ton of other negative information you still have a chance. Be willing to show your motivation to stay on the right track and what you will do to make sure it doesn’t happen again. Good luck to you sir.


#15

Are there any particular things that can be done to mitigate digital media piracy other than time?


#16

Like any criminal activity, it can be mitigated if it was a rare occurrence and is not likely to be repeated. You might also show that you did something to educate yourself on the issue and act, in some way, as an advocate against the activity.


#17

Has anyone seen cases that went to the appeals and was granted?
The position I’m applying for is on an unclassified network. Not sure if that makes.any difference.