Security Clearance Guidelines M: Misuse of Protected Information
Much of the work done in the intelligence community relies heavily on secure networks to conduct the work and transmit highly sensitive information. Guideline M of the National Security Adjudicative Guidelines governs the use of all computer systems and situations where individuals can pose a risk of exploitation, data loss, or system compromise through negligence or intentional misuse. Access to classified information is most often done via computer information systems, and it is surprisingly easy to violate IT policies that can raise serious security concerns, even when there was no ill intent. Whether you are a military personnel, a federal employee, or a government contractor, if you are concerned with your security clearance eligibility, discussing your concerns with an experienced security clearance Guideline M attorney can help determine the best path forward.
Disqualifying Information Under Guideline M
- Unauthorized access to a system, network, or data, especially classified systems
- Unauthorized modification, destruction, or manipulation of an information system or data within a system
- Using an IT system to gain unauthorized access to another system or area of a computer network
- Downloading, storing, or transmitting protected information from a secure system to an unauthorized system (known as spillage, this is essentially unauthorized disclosure of classified or otherwise protected information)
- Unauthorized use of any IT system, including knowingly bypassing security controls
- Prohibited use or removal of hardware, software, firmware, or media on an IT system
- Negligent or lax security practices that persist despite counseling
- Any misuse of information technology, whether deliberate or negligent, that causes damage to national security
Artificial Intelligence
The use of artificial intelligence (AI) is becoming ubiquitous, from students seeking an edge for a paper to professionals trying to create efficiencies in their work. However, unless it is specifically authorized by an individual’s company or command, AI tools should not be used to analyze sensitive or classified information. The ability to safeguard classified information is at the heart of the security clearance process, and plugging sensitive information into an unauthorized AI system exposes it to both known and unknown risks. While this is a tool with immense potential, tread carefully in its use.
Contact us for help
Aenean leo ligula, porttitor eu, consequat vitae, eletteifend ac, enim. Aliquam lorem ante, dapibus in, viverra quis, feugiat a, tellus. Phasellus viverra nulla ut metus varius laoreet.
Mitigating Guideline M Violations
Where a Guideline M violation has occurred, mitigating it depends on the intention behind the act and the consequences of it. A negligent action resulting in little or no damage to a system or classified information will be more easily mitigated than a willful act (especially where repeated) or where the damage to national security is more likely or particularly grave.
- Time: Where the incident is isolated or not part of a pattern, and there is no indication of similar problems in the past, mitigation is more likely. As with most of the SEAD 4 Guidelines, the more distant in time the incident happened and the more changed the circumstances are that are directly involved in the incident, the better.
- Lack of training: If the incident happened because the individual was not properly trained on the specific system or policy involved, this can mitigate the concern, especially with specific remedial training taken to address the issue.
- Unintentional and Prompt Reporting: Where the act was done without intending damage or a complete accident, and the individual quickly reports the incident, this will assist in mitigation.
- Minor Damage: If the incident did not lead to serious damage to the organization or national security, this lack of consequence can help mitigate the concern.
What to Do When a Guideline M Incident Occurs
First, reporting the incident to the proper security personnel is both required and a strong step in mitigating the damage that has or may occur. Prompt self-reporting of an incident shows integrity and a lack of intent to cause harm to national security.
Second, discussing the matter with an experienced security clearance attorney can help provide a path to begin assessing and mitigating the risk to an individual’s security clearance and career. Access to specific information systems, especially those handling classified information, is often a nonnegotiable part of a cleared job. Misuse of those systems can cause an individual’s supervisors and the government to lose confidence in their ability to properly handle and process information.
Contact us today
Our law firm has dealt with Guideline M incidents and understands the special risk that misuse of information systems poses to an individual’s security clearance. We can help create a roadmap to begin fixing the damage and rebuilding trust with the government, including outside expertise in information technology systems that can dispute certain allegations. If you are facing such a situation, call or email today for a confidential initial consultation. Acting quickly to begin building a case in mitigation can often be the difference between keeping or losing a clearance. Contact us today: Brian@LSAttorneys.com; 847-775-7701.
