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6th Göttingen International Research Forum on

Law and ICT/IP 2018

Cyber and law – Israel as a case


study
Joseph Zernik, PhD,
Human Rights Alert (NGO)
Presentation next year – punishable
by 10 year imprisonment?
MK Anat Berko et al
Bill 4774/20
Amendment to the
Penal Code (offense
of harming State of
Israel foreign
relations) – 2017,
Article 121.

2
Proposed amendment: Offense of
harming State of Israel foreign
relations
(b) Regardless of any other law, he who acts to
harm the interests of the State of Israel, the
relations between the State of Israel and a state,
an organization, or an institution, as stated in
(a), or any interest, which the State of Israel has
in them, is punishable by 7 year imprisonment;
if intentionally perpetrated - punishable by 10
year imprisonment; if his punishment for such
offenses, even without proof of intention is over
10 years - punishable by life imprisonment.
3
Working Hypothesis
● “Code is the Law” (Lessig).
● The study of e-government provides unique
insights into the true nature of legal system
and the regime.
● Unlawful implementation of e-government
can seriously threaten Human Rights, Civil
Society and democratic institutions.

4
Methods

System analysis – development, implementation,
validation

Data mining – for invalid and/or fraudulent
records

FOIA requests

Court actions – for demonstrating intent and
collusion of senior judicial officers

5
Results

HRA-NGO is likely the first to have ever filed Human
Rights reports based on e-government analysis.

HRA-NGO submission was incorporated into the UN
HRC Periodic Review report on Israel ( 2018) with the
following summary note:

6
Conclusions
Conditions, now prevailing in Israel, amount to:
· A constitutional crisis in a nation with no constitution,
social disintegration, and
· “Treason of the Clerks” - legal and IT professionals.

7
Cyber and Deep State
“By his own permission”

August 04, 2016 – PM Netanyahu assumed control of all


“critical” state IT systems through establishing the new Cyber
Authority with no foundation in the law. The same week, the
Cyber Authority was established through an Interim Act,
authority for various IT systems was removed from lawful
state agencies, e.g., Shin-Bet, Police, the Nuclear Security
Agency (MALMAB), etc. 8
Cyber and Deep State
Turf wars

April 25, 2017 – Mossad Head Cohen, Shin-Bet Head Argaman,


IDF Deputy Chief of Staff Golan, and Ministry of Defense CEO
Adam send a strong letter to PM Netanyahu:
The draft bill seeks to vest in the Cyber Authority broad
authorities, while its mission has not been clearly defined; it
amounts to serious harm to core activity of the security 9
community in the cyber field.
E-government and Deep State (cont)
Turf wars

April 25, 2017 - MK Nachman Shai (Labor), security


expert, former IDF Spokesman:
Placing cyber under the PM’s control creates a
superfluous and harmful power center… a serious
error and an un-democratic act. 10
Knesset (parliament)

11
Knesset (parliament)

(L) 2000 Minutes, re: E-sign Bill – bearing disclaimers: “unproofed versions”; (R)
2009 Minutes, re: Biometric Database Bill.
● Minutes - including draft bills and appropriations are maintained as
unsigned Word documents, often bearing the disclaimer
“unproofed version”.

MK K Elharrar, Chair of State Oversight Committee: “I don’t
sign anything”.
● The Knesset refuses to answer on FOIA requests, pertaining to
lawful development, validation, operation and security of IT
systems, claiming, “organizational knowledge... not in our 12
possession”.
Central Election Committee

13
Central Election Committee
“Conspiracy theories” re: 2015 general election

● Netanyahu’s win (at 23.40%) defied all up to the last minute


pollsters’ predictions;
● Could be attributed to an unusual massive increase in voting near
the 22:00 closing time;
● Unlawful conduct in the Committee’s IT system was alleged.
● MK K Elharrar, Chair of State Oversight Committee: Anything is
14
possible.
Central Election Committee (cont)
“Conspiracy theories” re: 2015 general election

Polling returns, published on the Central Election Committee


web-site (downloaded September 28, 2016) are patently false -
the two sets are identical: (L) March 17, 2015 election - 20th
Knesset. (R) January 22, 2013 - 19th Knesset.
15
Central Election Committee
● The State Ombudsman’s Report 66c (2016a):
A previous audit showed that the Events Log of the
“Democracy” system failed to include most of the online
transactions, which were executed in the system... In
addition, the Central Election Committee had not appointed
a person, who would have been authorized to inspect the
Events Log. Follow-up audit shows that such deficiencies
have not been fully corrected.

The State Ombudsman’s Report 55bc (2014):
–Failure to implement a valid log of online transactions;
–Additional
material security failures, relative to
management of authorities and permissions.
16
Central Election Committee

(L) Attorney Orly Adas – Central Election Committee CEO; (R) Nadav
Argaman – Shin-Bet Head
● Committee’s FOIA response:

Shin-Bet validated and certified the Committee’s IT systems.


● Shin-Bet’s February 05, 2017 response:
Shin-Bet is neither the guiding authority, nor the certifying
authority for the Committee systems.
● Committee’s “Corrected” February 15, 2017 FOIA response:
We couldn’t locate documentation of the system’s validation by a17
state employee..
Central Election Committee
● Concerns of corruption in the Committee were raised a
number of times (specifically relative to contracts with IT
system providers). In the aftermath, the Knesset considered
in 2007 expelling the Committee from the Knesset building.
● The Committee claimed for years that it was exempt from
Freedom of Information Act. In 2016 the Knesset passed a
special amendment to the Act, to explicitly subject the
Committee to it. My FOIA request in early December 2016
was probably the first ever (but was assigned a fake
number).
● The Committee is chaired by a Supreme Court Justice. Due
to routine appointment of justices just before retirement,
there is high turnover in the chair position, not intended by
law.
18
Ministry of Justice

19
Ministry of Justice
E-signature Act (2001) implementation

“Detached” e-signatures – shell game fraud (Confidence Trick):


● There is no way for the public and interested parties to distinguish
between unsigned, invalid “drafts” and signed, valid judicial and legal
electronic records.
● Defy the traditional definition of a signature: A personal symbol
affixed with the intention of assuming responsibility.
20
Is it reasonable and honest to hide from parties and the
public the signatures on legal and judicial records?


US Declarations of Independence (1776), Kaiser Wilhelm II Ab-
dication (1918), State of Israel Declaration of Independence
(1948) – all openly, visibly signed.

Judicial records, where the signatures are hidden – classic “shell-
game fraud”. 21
Ministry of Justice
E-signature Act (2001) implementation

Annual Report (2006-7) by Attorney Yoram HaCohen, Magistrate of Certifying


Authorities pursuant to the E-Signature Act (2001): Unsigned signature box of the
report, submitted as an electronic document to the Knesset and to the Minister of
Justice. The signature box says:
Truly, Yoram HaCohen, Advocate, Magistrate of Databases, Justice
Technology and Information Authority (Originally signed by a secure
electronic signature) [red in the original - JZ].
The Ministry of Justice denied a FOIA request for a copy of the same record,
including a visible, or electronically detectable electronic signature, claiming
that e-signatures of state officers were “private instruments”. 22
Ministry of Justice
Detainees’ Courts (administrative)

Lack of integrity in Detainees’ ID numbers, derived from electronic records of


the Detainees’ Courts (from the Human Rights Alert submission to the UN
Human Rights Council, 2012).
23
Ministry of Justice
Detainees’ Courts (administrative)
Review of electronic public records of the Detainees’ Courts for
the 2012 submission to the UN HRC:
● Lack of integrity in Detainees’ ID numbers;
● Lack of integrity in Court identification (fake/ad-hoc courts);
● Records are published as insecure, unsigned Word files with no
detectable electronic signatures;
● Most of the electronic records were created (based on the Word-
file “Properties” data) a long time (at times years) after the
respective proceedings dates, as indicated in the bodies of the
records.
● No evidence that functional Office of the Clerk has been
established in any of the Detainees Courts. 24
Ministry of Justice
Debtors’ Courts (administrative)

(L)State Ombudsman Special Report; (R) anti Debtors’ Court


protest signs: Like getting trapped by the mafia.
April 2016 State Ombudsman Special Report documented rampant
fraud:
… heavy weight deficiencies in core activity of the Debtors’ Courts
– in the stage of commencing cases… numerous cases were
unlawfully commenced… conducted for years… serious
deficiencies in interest rates imposed on the debtors… tens of
thousands of cases were conducted under false interest rates… and
in cases of debts on mortgages provided by banks for primary
residences… often against underprivileged sectors of society… 25
against powerful entities…
Ministry of Justice
Debtors’ Courts (administrative)
IT system review documents clerical-computer fraud: The Debtors’
Courts refused to lawfully answer on FOIA request, pertaining to
lawful development, validation, security of new IT systems, and
confirmed that there were no lawful clerks. The resulting IT system
failures:
● Fraudulent opening of case files;
● Secretive unlawful interest rates implemented in the software;
● Simplest accounting functions were falsified: payment sums were
entered with # - as comments and not credited to debtors;
● Electronic service to debt holder, while no service to the debtors;
● Accounting and other electronic records disappearance.
26
Ministry of Justice
Debtors’ Courts (administrative)

Fraud in the debtors courts continues:


● Estimated at several billion NIS per year;
● Material in increasing poverty in Israel;
● Material factpr in increasing homelessness;
● Regardless of the scathing Ombudsman’s report, the
evidence shows that fraud continues, and there is no
intent to remedy those robbed by banks and corporations
in collusion with attorneys and the Debtors’ Courts.

27
The Courts

28
The Courts
General

Top-to-bottom corruption of the courts over the past 15


years in conjunction with transition to e-courts:
● All signs of authenticity and validity have been
systematically removed from electronic court records.
● Records are deemed by the judges themselves “drafts”.
● The judges meticulously hide signature data, both on
paper and electronic records - “Shell Game Fraud”.
● The Israeli courts can no longer be deemed “Courts of
Record”.
29
The Courts
Servers owned by an unlawful entity

● Court records are published online in the “Judicial


Authority” web-site, while no such entity exists by law.
30
The Courts
Servers owned by an unlawful entity

In Firefox:
● www.court.gov.il - This website does not provide
ownership information.
● Verified by: Not specified. 31
The Courts
Servers owned by an unlawful entity

Certificate issued to:


● Common name (CN) - *.court.gov.il
● Organization (O) - The Judicial Authority of Israel 32
The Supreme Court

33
The Supreme Court
Petitions regarding deportation of 1000s of
African asylum seekers
Chronology of Supreme Court petitions:
● August 28, 2017 - Supreme Court special 5-justice panel, headed by
Presiding Justice, permitted the deportation following ex-parte hearing,
recognized agreements with “3rd nations”, which were filed under seal.
● January 05, 2018 – Ruanda and Uganda publicly declared that they have no
agreements with Israel regarding deportation of asylum seekers.
● January 22, 2018 – El Al pilots declared refusal to cooperate.
● January 23, 2018 – 350 physicians’ protest letter sent to Prof Mor-Yosef.
● February 04, 2018 – asylum seekers started receiving “congratulations”
letters, announcing their deportation.
● February 07, 2018 – Med Prof Mor-Yosef (head of Immigration Authority)
refused to state that there was a signed agreement with Ruanda or Uganda.
● March 18, 2018 – injunction in new petitions. Attorney Itay Mack: “The
34
agreements, the sealing... it was all a bluff...”
The Supreme Court

● Feb 2018 – Supreme Court Presiding Justice Esther Hayut


provided police an “open testimony” regarding alleged 2016
attempt by Netanyahu’s affiliates to sell the office of Attorney
General, which she failed to timely report.
● Feb 2018 - repeat media calls for Hayut’s immediate resignation.
35
● 1997 – similar conduct by Netanyahu - was never indicted.
The Supreme Court
2002 - Voiding of all judicial records - only “drafts”

(L) Prior to March 2002 - standard certification: True Copy of the Original,
Chief Clerk... (R) After March 2002 - the certification was removed, and a
disclaimer was added: Version subject to editing and phrasing changes.
Administration of Courts and Presiding Justice refuse to answer under whose
authority and on what legal foundation such profound changes were implemented.
36
The Supreme Court
No valid Notice to Appear
● The Notices to Appear are critical instruments, relative to
validity of court hearings.
● The Supreme Court is administered in paper court files,
but no Notice to Appear is found in the paper court files.
● The Notices to Appear are maintained as electronic
records, which are not lawfully signed, and which
disappear after the hearing date.
● Supreme Court Presiding Justice A. Grunis failed to
explain the situation (in the context of Requests to
Inspect).
37
The Supreme Court
No valid hearing protocols [minutes]
● Court hearing with no protocol is an “off the record hearing”
● Requirement of keeping signed protocols [minutes] is prescribed
by law, but the Supreme Court ignored it for years.
● In a 2008 Judgment (5122/06 ) in the Supreme Court v Minister of
Justice and Presiding Justice, the Supreme Court agreed to keep
signed protocols.
● A 2008 Amendment to the Courts Act also explicitly established it
by law.
● Regardless, the Supreme Court continues to ignores the law to this
date, failing to keep signed protocols of its hearings.

38
Supreme Court
Refusal to certify decision records

Zadorov v State of Israel (7939/10) – falsification/forgery of Israeli Supreme


Court decision records: Regardless of repeat requests, it is impossible to
obtain duly signed and certified copies of Supreme Court decision records.
The records are unsigned and/or certification uses false language, false signer.

39
The Supreme Court
Even-Israel LTD v Shulman et al

Walla News: Judgment rendered “in error”: Where have the


records disappeared from the Supreme Court’s file?
Chronology of Even-Israel LTD v Shulman et al (1554/16):
● April 10, 2016 - Supreme Court judgment in favor of one party.
● June 5, 2016 - Supreme Court judgment in favor of opposing
party, and the original judgment disappeared.

June 7, 2016 – media: Scandal in the Supreme Court...
● June 8, 2016 – Supreme Court decision: The original, April 10,40
2016 judgment was merely a draft.
The Supreme Court
IT system validity and security
● Administration of Courts refused to answer on FOIA
request: Who is charged with security of IT systems
of the Supreme Court today? Who holds the ultimate
administrative authority? Who approves data
publication?
● In 2014, notice was sent to Supreme Court Presiding
Justice and Shin-Bet Head, claiming major security
breach (internal) in 2002:
– Supreme Court Presiding Justice failed to respond
– Shin-Bet answered that it was not charged with
security of the Supreme Court’s IT systems. 41
Supreme Court
Conclusion

Upon review of the facts, the plausible explanation is


that the Supreme Court:
● Holds all its records, at least since 2002 merely “drafts”.
● Holds all its Notices to Appear invalid.
● Holds all its hearings, at least since 2008, “informal, off
the record”.
● Is determined to keep it this way in disregard of the law.

42
District Courts

43
District Courts
Net-HaMishpat case management system

Net-HaMishpat – computerized, secure connection to the courts.

● Net-HaMishpat is fully implemented in all District and


Magistrate Courts since January 2010.
● The system provides case management, e-filing, public
access management.
● The courts transitioned to e-files and e-records 44
administration.
District Courts
Net-HaMishpat case management system

The State Ombudsman's Report 60b (2010):


● Development contracts were unlawfully awarded to corporations with
no legal tender;
● Contracts were unlawfully signed with no written specifications;
● Development lacked core management by a state employee;
● System were received and implemented with no independent
validation by a state employee;
● Servers were removed from custody of the clerks to corporations, and
● Unknown number of individuals were issued double Smart-ID cards.
45
District Courts
Judge Alshech’s “Fabricated Protocols” scandal

Bank HaPoalim v State Receiver (1623/00) in the Tel-Aviv District


Court: Certified printout of one of the two conflicting September 2011
“Fabricated Protocols”. Ombudsman of the Judiciary and Judge
Alshech were in agreement that it was merely a “draft”. The record
bears the Judge’s invalid “graphic signature”, but it was never
electronically signed. The certification was by an unauthorized, 46

incompetent person – the Judge’s secretary.


District Courts
Judge Alshech’s “Fabricated Protocols” scandal

Bank HaPoalim v State Receiver (1623/00) in the Tel-Aviv District


Court: (Top) The two conflicting September 12, 2011 “Fabricated
Protocols” today still appear in the “Decisions Docket” and haven’t been
removed. (Bottom) Attempts to view the “Fabricated Protocols”
generate a pop-up message, which says: “The record is unaccessible 47
right now”.
District Courts
State of Israel v Roman Zadorov (502-07)

(L) Mendel Beilis (R) Roman Zadorov.



Prof B Sangero: Conviction with no real evidence.

Prof M Kremnitzer: Conduct of the State Prosecution in the
Zadorov case is scary… Adding to that the Supreme Court’
stance and the Attorney General’s conduct in recent years,
one is left with a justice system, which is primarily defending
itself. 48
District Courts
State of Israel v Roman Zadorov

State of Israel v Roman Zadorov (502-07) in the Nazareth District


Court: “Judgments Docket”
● The September 14, 2010 Verdict (convicting Zadorov of murder), and
the Sentencing (life imprisonment), are not entered in the “Judgments
Docket” in Net-HaMishpat
● The February 24, 2014 Supplemental Judgment, which again convicted
Zadorov of murder, is docketed as Order on Defendant's attorney
to file certificate of counsel.
49
District Courts
State of Israel v Roman Zadorov
● Presiding Judge of the Nazareth District Court Avraham Avraham and
Administration of Courts refuse to answer:
– Who is today charged with entering judgments?
– Does the failure to enter judgment indicate that there is no valid
and enforceable judgment?
● The Rules of Courts (1936) from the British Mandate period charged
the Clerk of the Court with entering judgments and proper
maintenance of court files. The Regulations of the Courts-
Office of the Clerk (2004) (promulgated in conjunction with
implementation of Net-HaMishpat) abolished such duties.
● The failure to enter judgments is widespread today of all courts using
Net-HaMishpat. In itself, such conduct should render the Israeli courts
incompetent. 50
District Courts
State of Israel v Roman Zadorov

State of Israel v Roman Zadorov (502-07) in the Nazareth District Court –


secretive response by senior State Prosecutor on a request to inspect lawfully
made Zadorov judgment records: Requester is abusing the right to
inspect... harassing the courts... spreading conspiracy 51

theories...
State of Israel v Roman Zadorov (502-07) in the Nazareth District Court -
Presiding Judge Avraham Avraham’s January 25, 2016 Decision on request to
inspect lawfully made judgment records and e-signature data: These are not
requests to inspect, but an investigation, which the Requester is
conducting, pertaining to validity of Net-HaMishpat system and
various claims regarding conduct of the judicial panel in this
case. In such matters this court shall not engage. 52
The District Courts
State of Israel v Roman Zadorov

Purported Zadorov “Verdict” in Net-HaMishpat: (L) October 2010


printout; (R) December 2015 printout. The difference between the two
records, in itself, indicates that the “Verdict” wasn’t signed in 2010.
The irregular “graphic signatures” and the missing judge’s signature on
the 2015 record suggest that is wasn’t electronically signed either.
Neither was entered in the Judgment Docket or in the Decisions
Docket. The Court persists in its refusal to permit inspection of e-
signatures data. Defense Counsel Feldman: Zadorov’s judgment
records were lost in the wailing wind across the Jezreel Valley
53

[which the Nazareth Court overlooks-jz].


The District Courts
No valid e-signatures in Net-HaMishpat

Purported judge’s electronic signature in Net-HaMishpat, as viewed, using


dedicated software, which is provided by the Israel Bar Association only to
subscribing attorneys.
54
The District Courts
No valid e-signatures in Net-HaMishpat
Judges’ and Clerks’ e-signatures in Net-HaMishpat are
patently invalid:
● No signer’s name and authority;
● No date;
● Certification: The certifying authority is invalid… ;
● Issued by: Israel Courts Authority - no such lawful entity
exists, not a lawful certifying authority pursuant to the E-sign
Act;
● Issued to: Israel Courts Authority - not to a person;
● Certificate valid: from 2000-01-01 to 2099-01-01 – in 2000,
the E-sign Act was not enacted yet, and a 100 year certificate 55is
ludicrous.
The District Courts
No valid e-signatures in Net-HaMishpat

May 07, 2017 FOIA response (107-2017) by Ministry of Justice


states: No state agency had been approved as certifying authority
pursuant to the E-signature Act (2001). The response provided
additional confirmation of the invalidity of e-signatures in Net-
56
HaMishpat.
No valid e-signatures in Net-HaMishpat
Unprecedented detention of blogger Lori Shem-Tov

State of Israel v Lori Shem-Tov (14280-04-17) in the Tel-Aviv District Court:


Judge Abraham Heiman’s decision on request to inspect e-signatures:
To the degree that the Requester has claims, pertaining to au-
thenticity of the Protocol, he should employ the appropriate
procedure, if such procedure exists, which is not a request to57
inspect.
No valid e-signatures in Net-HaMishpat
Dubious vindication of senior police officer on sex-re-
lated offenses

State of Israel v Niso Shaham (31283-10-13 ) in the Tel-Aviv Mag-


istrate Court: Judge Beni Sagi’s decision on request to inspect e-
signature data on the judgment records:
There is no right to inspect “the Judge’s electronic 58

signature”. The request is denied.


The District Courts
Are judges permitted to deceive in
imprisonment records?
Zernik v State of Israel (7631/17) – filed as a criminal appeal in the
Supreme Court:

Therefore, the fundamental question underlying instant Appeal
pertains to the right of a person, who was delivered purported
service of an electronic document, which appears as a court record
in a criminal process, to inspect the electronic signature of the
same document, in order to verify its authenticity as a valid
judicial decision record. Otherwise stated: Is a court permitted, in
a criminal process, to serve a person documents with the intention
that the recipient accept their authority as valid court decisions
and judgments, and at the same time hold the authenticity of the
same records as valid court records a riddle?
59
Are judges permitted to deceive in
imprisonment records?
Zernik v State of Israel (7631/17) – filed as a criminal appeal in the
Supreme Court

Immediately upon filing, the Supreme Court imposed on


the appeal “sealing” with no due process of law...
60
Are judges permitted to deceive in
imprisonment records?
Zernik v State of Israel (7631/17) – filed as a criminal appeal in the
Supreme Court


Precedential ruling - criminal appeal - by right - was ruled “of civil
nature” and designated as such, requiring payment of NIS 495 in fees,
and changing it into a “Request for Leave to File and Appeal”
61

Fake notice was issued, demanding NIS 20,000 in deposit.
Are judges permitted to deceive in
imprisonment records?
Zernik v State of Israel (7631/17) – filed as a criminal appeal in the
Supreme Court

Summarily denied by Justice Neal Hendel:


The request for leave to file an appeal originates in the Re-
quester’s general claim, that he is concerned that the Protocol,
which was served on him was no authentic. Therefore, he is inter-
ested in inspecting the “electronic signature data” as well. The
matter was exhausted in the District Court, which permitted in-
spection of the Protocol.
62
To sum: The request for leave to file an appeal is denied.
The District Courts
Conclusions
Events of the past 15 years provide unique evidence of
deliberate, top to bottom corruption of the courts, rendering all
judicial records drafts:
● Implementation (2010) of the invalid, fraudulent e-court system
– Net-HaMishpat – was a major project, overseen by Director of
Administration of the Courts Judge Boaz Okon (“protégé” of
Presiding Justice Aharon Barak);
● Concomitantly new Regulations of the Courts-Office of the
Clerk (2004) were promulgation, which undermine the integrity
of court records and court process;
● Massive falsification of court records by judges followed, e.g.:
2010 – Zadorov fake judgment records; 2011 – Alshech’s
“Fabricated Protocols”. 63
Ombudsman of the Judiciary
E-signatures in Net-HaMishpat

(L) Ombudsman of the Judiciary, Supreme Court Justice (ret) Eliezer Goldberg,
(R) “Fabricated Protocols” Judge Varda Alshech.
Ombudsman Goldberg Decision (88/12/Tel-Aviv District):
●Judge Varda Alshech’s “Fabricated Protocols” were merely
drafts, since they were electronic records, issued in Net-
HaMishpat, but were not electronically signed;
●Created false and misleading impression that valid e-signatures
were implemented in Net-HaMishpat for judges to sign their
decisions and judgments.
64
● Failed to recommend prosecution for deceit, breach of trust.
Ombudsman of the Judiciary
E-signatures in Net-HaMishpat

Complaint (192/2017) alleged unlawful denial of public


access to e-signature data and the universal use by judges
of invalid e-signatures in Net-HaMishpat:
● Ombudsman of the Judiciary Rivlin initially denied filing
of the complaint, since it was filed electronically, bearing
an Adobe e-signature - not an approved signature
pursuant to the E-signature Act (2001).
● Even after repeat filing of the hand-signed complaint on
paper, Ombudsman Rivlin failed to rule on the complaint.
65
Bar Association and legal profession

66
Bar Association and legal profession
● The Israel Bar Association and the legal profession
should be deemed a key partner in fraudulent practices in
the courts.
● The Israel Bar Association acts as an agency of Comsign
LTD – issuing e-signature instruments to members of the
Bar for electronic filing and receipt of court records. E-
signature cabal of judges and attorneys.
● The Israel Bar Association was the complainant in the
Judge Varda Alshech “Fabricated Protocols” scandal.
However, the Bar failed to demand system-wide
corrective measures regardless of the Ombudsman of the
Judiciary’s decision, which detailed the manner in which
judges routinely falsify electronic records in Net- 67

HaMishpat.
Bar Association and legal profession

● Attorneys and law professors generally refuse to comment on the


evidence of rampant fraud in e-records of the courts.
● Attorney Avigdor Feldman, top Israeli criminal defense attorney,
who served as Zadorov’s pro bono counsel in the appeal, send a
commendation letter:
Shalom Joseph:  In my opinion you are doing a very important work…  you 
show that the court system itself was hijacked through an unsupervised 
electronic system, which enables the judges to do with the judgments as they 
wish, and raising serious doubts whether judges, who signed their agreement 
on judgment records indeed read them. Also your comments relative to Judge 
Yitzhak Cohen make me lose sleep at night, and I am checking them in depth. 
Thank you for your persistent and thorough work.  Avigdor Feldman
68
Bar Association and legal profession

(From left) Supreme Court Presiding Justice Esther Hayut, President of the Bar
Association Effi Naveh, and Justice Minister Ayelet Shaked.

● October 2018 – Bar Association Naveh was caught


smuggling his girlfriend out and in of Israel.
● Key Member of the Judicial Appointments Committee.
● It is generally doubted that the justice system would be
able to handle the case with integrity.
69
Prison Service

70
Prison Service
Arbitrary, warrantless arrests – whistle-blower
Shuki Mishol

● Senior Tax Authority officer Shuki Mishol - the most senior of 15


corruption whistle-blower.
● Supreme Court Justice Uri Shoham - conducted an unlawfully
“sealed” appeal in his case and issued a fake “anonymous”,
unsigned arrest warrant.
● Prison Service Ofra Klinger - unlawfully admitted Mishol to 71
prison, regardless of repeat notices of lack of valid warrant.
Prison Service
Arbitrary, warrantless arrests - Shuki Mishol

● March 15, 2015 FOIA request sought documentation of admission procedures


and arrest warrants following implementation of electronic records in the courts.
● January 06, 2016 invalid, unsigned, false and misleading FOIA response says:
To Joseph Zernik, PhD. Dear Sir: Following your inquiry, we herein
inform you that the reference for imprisonment in the Prison Service
is an Arrest Warrant/Detention Warrant, signed by a judge – original
only! Regarding FOIA Officer – there is a permanent element in the
Prison Service Legal Bureau, who is appointed for the Freedom of
Information Act. FYI. Truly, Eti Gover, Inquiries and Complaints 72
Coordinator, Prison Service.
Prison Service
Arbitrary, warrantless arrests - Shuki Mishol

Supreme Court public access system shows Mishol’s criminal appeal


file as “1322/17” - “Sealed”. The sealing had no lawful foundation, as
established following the filing of a request for a lawfully made
publication prohibition decree [gag order], which did not exist at all.
Unlawful sealing is one of the hallmarks of corrupt court process in the
cases of corrupt government officials, protest activists and whistle-
blowers. It also undermines Freedom of Expression and Freedom of73
the Press.
Prison Service
Arbitrary, warrantless arrests - Shuki Mishol

April 05, 2017 “Decision” by Supreme Court Justice Uri Shoham as received
by fax by Appellant Shuki Mishol:
● Page 1 identifies the person, pertaining to whom the record was issued, only
as Anonymous.

Page 5 says: In sum… the Appellant shall appear in Nitzan Prison
on April 23, 2017 before 10:00 am... for serving his sentence,
holding an ID or a passport, and a copy of instant decision. The
signature box says only “Judge”, and the footnote disclaimer says – version
74
subject to editing and phrasing changes.
Prison Service
Arbitrary, warrantless arrests – Roman Zadorov

Arrests Warrant form, as published in the Regulations.


● The Regulations of Criminal Court Procedure (1974) prescribe that following
sentencing, the judge complete an arrest warrant form.
● The Prisons Act (1971) prescribes that a Prison Director must not admit a
person to prison, unless he arrive with an arrest warrant, he is clearly
identified as the person named in the warrant, and the warrant is lawfully
signed by a judge.
● The form is today implemented in Net-HaMishpat, but there is no way for75
prison authorities to ascertain, whether such form is lawfully signed.
Prison Service
Arbitrary, warrantless arrests – Roman Zadorov

Presiding Judge Avraham Avraham’s decisions on repeat requests to inspect


lawfully made arrest warrant, pertaining to Roman Zadorov. Israeli law
prescribed “any person is permitted to inspect decisions, which are not
lawfully prohibited for publication”. And the Supreme Court ruled that such
right is “a fundamental principle in any democratic regime… constitutional,
supra-statutory...”
● 2016-02-03 - The Requester doesn’t stop bothering the Court and
wasting its time with useless, worthless requests. If he files such requests
again, I shall consider imposing on him expenses to the benefit of the
State Treasury.
● 2016-06-02 - On its face the request appears to be cantankerous and 76
useless. Therefore, I find no room to grant it, and it is denied.
Alternative narratives, re: the courts:
“Constitutional Revolution”, or “A total jungle”?

● No constitution in Israel, but Supreme Court Presiding Justice


Aharon Barak announced a Constitutional Revolution.
● Aharon Barak also presided over corruption of both the Supreme
Court’s and the District Court’s IT systems.
● US Judges Richard Posner and Robert Bork agreed that Barak
establishes a world record for judicial hubris.
● Developments in the Israeli courts touted by an influential law
professor - Decrease in formalism – increase in values.
77
● Others legal scholars - A total jungle in the courts.
Cyber Authority and cyber community

78
Shin-Bet

Shin-Bet’s Re’em division is charged with IT security.

● Critical e-government systems are purportedly validated, certified and


secured by the security apparatus.
● The Shin-Bet Act (2002) explicitly charges the Shin-Bet with
safeguarding procedures and institutions of the democratic
regime...
● However, the Authorization of Public Entities' Security Act (1998),
following updates, today excludes key state institutions from Shin-Bet
authority, e.g., the courts, Knesset, Central Election Committee, 79
prisons.
Shin-Bet
Vis-à-vis the justice system...

● 1984 – Kav 300 affair – attempt to frame senior IDF


officer in murder.
● 1980’s – Izat Nafsu affair – extraction of false
confession of spying from IDF officer.
● 1995 – PM Rabin assassination
● 2017 – complaint against the judges, as a class, was
filed with the Shin-Bet, claiming that the fraud in
electronic records - subverts procedures and
institutions of the democratic regime .
80
Alternative narratives, re: Shin-Bet

The narrative propagated by the Shin-Bet is most notable in the


documentary “The Gatekeepers” (2012).
… a documentary history of the country told from the point of
view of its internal security chiefs, is both honest and
saddening… They are all hyper-patriots who would do
anything to save Israeli lives and to preserve the Jewish
state… They are all learned, sober guys…
Denby, The New Yorker (2012) 81
Cyber Authority

● The new Cyber Authority was established with neither clear


foundation in the law nor clear mission.
● The Cyber Authority funds Cyber Security Research Centers,
founded over the past several years in leading academic
institutions, effectively buying the acquiescence of the academic
community.
82
Cyber Authority and cyber community

Sept 2014 - Cyber Security Research Center inaugurated at Tel-Aviv


University. From left: TAU President Joseph Klafter, Prime Minister Benjamin
Netanyahu, Center Head Prof. Yitzhak Ben-Israel, and TAU Board of
Governors Chairman Prof. Jacob A. Frenkel.
Prof Yitzhak Ben Yisrael – Cyber problems are almost always
amenable for technological solutions. However, the problems
83

are almost never technological.


Cyber Authority and cyber community

2014 - Cyber Security Research Center inaugurated at Ben Gurion


University, headed by Prof Yaval Elovici. Partners are major military-
industrial entities.
84
Cyber Authority and cyber community

April 2016 - Cyber Security Research Center inaugurated at the Technion:


Prof Peretz Lavie - Technion President, Dr. Eviatar Matania - Israel’s
National Cyber Bureau Head, and Prof Eli Biham - Center Head.
85
Cyber Authority and cyber community

2015 - Cyber Security Research Center inaugurated at Hebrew University,


headed by Prof Danny Dolev.
86
Cyber Authority and cyber community

2016 - Applied Cryptology and Cyber Security Research Center inaugurated at


Bar-Ilan University. From right: Prof A Zaban – University Research VP; Prof
M Faust – University Rector; Rabbi Prof D Hershkowitz – University
President, Dr Eviatar Matania – Cyber Authority Head; Prof Y Lindell – CS
Dept ; Prof B Pinkas - CS Dept; Dr M Geva – Center Research Director
(formerly @ National Cyber Bureau); Prof H Shacham - UCSD. 87
Cyber Authority and cyber community
Totalitarian electronic surveillance
● 2013-08-13

● 2014-09-15

88
Cyber Authority and cyber community
Total electronic surveillance

2017-06-04 - It will work like in the movies, says a senior police


officer, there won't be a single citizen, who won't be monitored.
Hundreds of cameras are being installed in the entrances to
Jerusalem and main streets. All license plates will be recorded.

89
Cyber Authority and cyber community
Online content management

90
Cyber Authority and cyber community
Online content management

2017-03-27 Call for proposals: system for social network


monitoring and automatic or semi-automatic planting of ideas
in social network, news sites and forums discourse in Hebrew,
other basic languages... as well as Japanese, Persian,
Mandarin, Turkish.
91
Cyber Authority and cyber community
Manipulation of public discourse on social networks

● ~200-300 Israeli corporations are active in the cyber field.


● Most are controlled by former security apparatus officers.
● They are regulated through the PM office.
● Offered Trump campaign services.
92
● Known for assisting various dictators.
Cyber Authority and cyber community
Total electronic surveillance

Staunch opposition by leading Israeli IT and cryptology experts


failed. By June 2017, joining the biometric database is mandatory.

93
Related socio-economic trends
Rampant government corruption

Wikileaks Cablegate: 2009 US Ambassador


Cunningham’s report on merger of organized crime
and government in Israel.

94
Related socio-economic trends
Rampant government corruption

95
Related socio-economic trends
Rampant government corruption

● Law professor Mota Kremnitzer wrote:


Conduct of the prosecution is scary… adding to it
the Supreme Court’s stance and the Attorney
General’s conduct in recent years, one is left with a
justice system, which is primarily defending itself.
● Economics professor Yaron Zelekha, Israeli Ministry of Finance
Accountant General 2003–2007, author of The
Macroeconomics of Corruption: A gang of criminals
took over the regime in the State of Israel .
96
Related socio-economic trends
Poverty and widening socio-economic gaps

Israel used to be a socialist welfare state. Over the past 2


decades it has been propelled to 1st place in OECD
Relative Poverty Rate. 97
Related socio-economic trends
Repression of social protest

Criminal prosecution of protest activists has produced unique evidence of


justice system corruption:

Daphni Leef – 2 y long false criminal prosecution for assaulting police.

Attorney Barak Cohen – restraining order redefined Freedom of Speech
in Israel, suspension, criminal prosecution for conspiracy against
banking executives.

Lori Shem-Tov and Moti Leybel – criminal prosecution, internet terror.
98
Related socio-economic trends
Persecution of the Tax Authority whistle-blowers

● Rafi Rotem – multiple false detentions, beating.,


criminal prosecution on insulting public service
employee - where publication of truth is no defense
according to the Israeli Supreme Court...
● Shuki Mishol – imprisoned.
99
Proposed Corrective Measures
● Corrective measures may eventually require a Truth and
Reconciliation Commission or a similar approach.
● Under similar circumstances in the US courts a century ago, key
corrective measures started with reform of the offices of the clerks.

● IT systems of the courts, in particular, should be as transparent as


possible – pursuant to Publicity of the Law.
● No court should be permitted to develop and implement its own IT
systems. Such systems should be developed under accountability
to the legislature – pursuant to the Separation of Powers.
● Human rights and internet activists should vigilantly monitor e-
government systems.
● IT experts should assume more prominent role in the safeguard of
Civil Society and Human Rights in our era. 100
Conclusions
● Circumstances in Israel amount to loss of social
contract, or a constitutional crisis in a nation with no
constitution.
● Correction of such circumstances would require
long-term, fundamental public education and
massive public struggle.

101
Conclusions
● In our era “[computer] Code is Law” (Lessig, 2000).
● E-government in Israel enables serious abuse of the
right for Liberty and the right for Property:
– Israel should be deemed in violation of all Human
Rights, where competent court are a prerequisite.
– Israel should be deemed in violation of the International
Covenant on Civil and Political Rights (Due Process)
– Israel should be deemed in violation of the Hague
Apostille Convention.
● E-government in Israel enabled unannounced regime
change.
102
Israel is not alone
Human Rights Alert (NGO) reports to the UN
Human Rights Council and other peer-reviewed
publications show similar phenomena in California
and in the US federal governments. Similar
phenomena are suspected also in the UK.

103
Joseph Zernik, PhD
Human Rights Alert (NGO)

104