European Conference on Digital Government

Lisbon, Portugal June 2017

E-government in Israel
transformation into the Post-truth
Era
Joseph Zernik, PhD, Human Rights Alert (NGO)
 Working Hypothesis

The study of e-government provides unique

insights into the true nature of the regime -
Code is the Law (Lessig).

Unlawful implementation of e-government is

a serious threat to Civil Society and Human
Rights.

Unlawful implementation of e-government

enables unannounced regime change.
2017-06-08 DRAFT 2
 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.3
2017-06-08 DRAFT
 E-government 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
2017-06-08 DRAFT community in the cyber
4

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 PMs control creates a superfluous and harmful
power center a serious error and an un-democratic
act. 2017-06-08 DRAFT 5
Knesset (parliament)

2017-06-08 DRAFT 6
 Knesset (parliament) (cont)

Figures. 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 dont sign
anything.

The Knesset refuses to answer on FOIA requests, pertaining to lawful
development, validation, operation and security of IT systems,
claiming, organizational 2017-06-08
knowledge...
DRAFT
not in our possession.7
Central Election Committee

2017-06-08 DRAFT 8
 Central Election Committee (cont)
Conspiracy theories re: 2015 general election

Netanyahus 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 Committees IT system was alleged.

MK K Elharrar, Chair of State Oversight Committee: Anything is

2017-06-08 DRAFT 9
possible.
 Central Election Committee (cont)
Conspiracy theories re: 2015 general election

Figure. 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.
2017-06-08 DRAFT 10
 Central Election Committee (cont)

The State Ombudsmans 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 Ombudsmans Report 55bc (2014):

Failure to implement a valid log of online transactions;
Additional material security failures, relative to
management of authorities and permissions.
2017-06-08 DRAFT 11
 Central Election Committee (cont)

Figures. L) Attorney Orly Adas Central Election Committee CEO; R)

Nadav Argaman Shin-Bet Head

Committees FOIA response: Shin-Bet validated and certified

the Committees IT systems.

Shin-Bets February 05, 2017 response: Shin-Bet is neither the

guiding authority, nor the certifying authority for the
Committee systems.

Committees Corrected February 15, 2017 FOIA response: We

couldnt locate documentation ofDRAFT
2017-06-08 the systems validation by a12
state employee..
 Central Election Committee (cont)

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. 13
Ministry of Justice

2017-06-08 DRAFT 14
 Ministry of Justice (cont)
E-signature Act (2001) implementation

Detached e-signatures:

Enable 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.
2017-06-08 DRAFT 15
 Ministry of Justice (cont)
E-signature Act (2001) implementation

Figure. 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
2017-06-08 DRAFT 16
that e-signatures of state officers were private instruments.
 Ministry of Justice (cont)
Detainees Courts (administrative)

Figure. 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).
2017-06-08 DRAFT 17
 Ministry of Justice (cont)
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 functional2017-06-08

Office of
DRAFT
the Clerk has been 18
established in any of the Detainees Courts.
 Ministry of Justice (cont)
Debtors Courts (administrative)

Figures. State Ombudsman Special Report; 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
against powerful entities 2017-06-08
DRAFT 19
 Ministry of Justice (cont)
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.
2017-06-08 DRAFT 20
 Ministry of Justice (cont)
Debtors Courts (administrative)

Fraud in the debtors courts continues:

Estimated at several billion NIS per year;

Material in increasing poverty in Israel;

Material in increasing homelessness

Regardless of the scathing Ombudsmans 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.

2017-06-08 DRAFT 21
The Courts

2017-06-08 DRAFT 22
 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.
2017-06-08 DRAFT 23
 The Courts
Servers owned by an unlawful entity

Court records are published online on the Judicial

Authority web-site, while no such entity exists by law.
2017-06-08 DRAFT 24
 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.

2017-06-08 DRAFT 25
 The Courts
Servers owned by an unlawful entity

Certificate issued to:

Common name (CN) *.court.gov.il

2017-06-08 DRAFT 26

Organization (O) The Judicial Authority of Israel

The Supreme Court

2017-06-08 DRAFT 27
 The Supreme Court (cont)
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). 2017-06-08 DRAFT 28
 The Supreme Court (cont)
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.

2017-06-08 DRAFT 29
 The Supreme Court (cont)
Voiding of all judicial records - only drafts

Figure. 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: 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.
2017-06-08 DRAFT 30
 The Supreme Court (cont)
Denial of access to records

The law is clear: Any person is permitted to inspect
court decisions, which are not lawfully prohibited for
publication.

The Supreme Court maintains electronic record system
for public access, where the invalid renditions are
displayed, but denies access to inspect the validity and
integrity of the original paper decision records:

Franco-Sidi appeal (1582/02) claimed shredded, with
no lawful documentation of the shredding;

Roman Zadorov murder trial (502-07) - claimed jumble,
after a 5 year long appeal in a murder case;

Ometz v AG petition (5514/16)
2017-06-08 DRAFT denied with no 31

explanation at all.
 Supreme Court (cont)
Refusal to certify decision records

Figures. 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.
2017-06-08 DRAFT 32
 The Supreme Court (cont)
Even-Israel LTD v Shulman et al

Figure. Judgment rendered in error: Where did the records

disappear from the Supreme Courts file? Walla News
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:

2017-06-08 DRAFT The original, April 10,33
2016 judgment was merely a draft.
 The Supreme Court (cont)
IT system security

Administration of Courts refused to answer on FOIA
request: Who is charged with security of IT systems
of the Supreme Court today?

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 Courts IT systems.

2017-06-08 DRAFT 34
 Supreme Court (cont)
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.

2017-06-08 DRAFT 35
District Courts

2017-06-08 DRAFT 36
 District Courts (cont)
Net-HaMishpat case management system

Figure. 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 transitioned2017-06-08

to e-files
DRAFT
and e-records 37

administration.
 District Courts (cont)
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.

2017-06-08 DRAFT 38
 District Courts (cont)
Judge Alshechs Fabricated Protocols scandal

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

District Court: Certified printout of one of the two September 2011
Fabricated Protocols. Ombudsman of the Judiciary and Judge
Alshech were in agreement that it was merely a draft. The record
bears the Judges invalid graphic signature, but it was never
electronically signed. The certification was by an unauthorized,
2017-06-08 DRAFT 39

incompetent person the Judges secretary.

 District Courts (cont)
Judge Alshechs Fabricated Protocols scandal

Figure: 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
havent been removed. Bottom) Attempts to view the Fabricated
Protocols generate a pop-up 2017-06-08
message, which says: The record is40
DRAFT

unaccessible right now.

 District Courts (cont)
State of Israel v Roman Zadorov

Figures. Roman Zadorov the Israeli Mendel Beilis.

Prof B Sangero wrote: Conviction with no real evidence.

Prof M Kremnitzer wrote: Conduct of the State Prosecution in

the Zadorov case is scary Adding to that the Supreme
Court stance and the Attorney Generals conduct in recent
years, one is left with a justice system, which is primarily
2017-06-08 DRAFT 41
defending itself.
 District Courts (cont)
State of Israel v Roman Zadorov

Figure: 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.
2017-06-08 DRAFT 42
 District Courts (cont)
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. 2017-06-08 DRAFT 43
 District Courts (cont)
State of Israel v Roman Zadorov

Figure: 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 2017-06-08
the courts...
DRAFT spreading conspiracy 44

theories...
Figure. State of Israel v Roman Zadorov (502-07) in the Nazareth District
Court - Presiding Judge Avraham Avrahams January 25, 2016 Decision on
request to inspect lawfully made judgment records: 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
2017-06-08 DRAFT 45
case. In such matters this court shall not engage.
 The District Courts (cont)
State of Israel v Roman Zadorov

Figures. 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 wasnt signed in 2010.
The irregular graphic signatures and the missing judges signature on
the 2015 record suggest that is wasnt 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: Zadorovs judgment
records were lost in the wailing wind across the Jezreel Valley
2017-06-08 DRAFT 46

(which Nazareth Court overlooks).

 The District Courts (cont)
No valid e-signatures in Net-HaMishpat

Figure. Purported judges electronic signature in Net-HaMishpat, as viewed,

using dedicated software, which is provided by the Israel Bar Association
only to subscribing attorneys. 2017-06-08 DRAFT 47
 The District Courts (cont)
No valid e-signatures in Net-HaMishpat
Judges and Clerks e-signatures in Net-HaMishpat are
patently invalid:

No signers 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.
2017-06-08 DRAFT 48
 The District Courts (cont)
No valid e-signatures in Net-HaMishpat

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

Justice confirmed that no state agency had been approved as
certifying authority pursuant to the E-signature Act (2001). The
response provided additional confirmation
2017-06-08 DRAFT
of the invalidity of e-
49
signatures in Net-HaMishpat.
 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 (protg 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 Alshechs
Fabricated Protocols. 2017-06-08 DRAFT 50
 Ombudsman of the Judiciary
E-signatures in Net-HaMishpat

Figures. Ombudsman of the Judiciary Eliezer Goldberg and Fabricated Protocols

Judge Varda Alshech.

Ombudsman Goldberg 2012 decision:

Found that Judge Varda Alshechs 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. 2017-06-08 DRAFT 51
 Ombudsman of the Judiciary (cont)
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.

2017-06-08 DRAFT 52
Bar Association and legal profession

2017-06-08 DRAFT 53
 Bar Association and legal profession

The Israel Bar Association and the legal profession

should be generally 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
Judiciarys decision, which detailed the manner in which
judges routinely falsify 2017-06-08
electronicDRAFT records in Net- 54

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 Zadorovs pro bono counsel in the appeal, send a
commendation letter:
ShalomJoseph:Inmyopinionyouaredoingaveryimportantworkyou
showthatthecourtsystemitselfwashijackedthroughanunsupervised
electronicsystem,whichenablesthejudgestodowiththejudgmentsasthey
wish,andraisingseriousdoubtswhetherjudges,whosignedtheiragreement
onjudgmentrecordsindeedreadthem.AlsoyourcommentsrelativetoJudge
YitzhakCohenmakemelosesleepatnight,andIamcheckingthemindepth.
Thankyouforyourpersistentandthoroughwork.AvigdorFeldman
2017-06-08 DRAFT 55
Prison Service

2017-06-08 DRAFT 56
 Prison Service (cont)
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 arrest warrant.

Prison Service Ofra Klinger - unlawfully admitted Mishol to

prison, regardless of repeat2017-06-08
notices of lack of valid warrant.
DRAFT 57
 Prison Service
(cont)
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,
2017-06-08 DRAFT Inquiries and Complaints 58

Coordinator, Prison Service.

 Prison Service (cont)
Arbitrary, warrantless arrests - Shuki Mishol

Figure. Supreme Court public access system shows Mishols 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.2017-06-08
It alsoDRAFT
undermines Freedom of 59

Expression and Freedom of the Press.

 Prison Service
(cont)
Arbitrary, warrantless arrests - Shuki Mishol

Figures. 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,2017-06-08
and the footnote disclaimer says - subject
DRAFT 60
to editing and phrasing changes.
 Prison Service
(cont)
Arbitrary, warrantless arrests Roman Zadorov

Figure. 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 2017-06-08 DRAFT

in Net-HaMishpat, but there is no way for61
prison authorities to ascertain, whether such form is lawfully signed.
 Prison Service(cont)
Arbitrary, warrantless arrests Roman Zadorov

Figures. Presiding Judge Avraham Avrahams 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 doesnt 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

2017-06-08 DRAFT 62

useless. Therefore, I find no room to grant it, and it is denied.

 Alternative views of 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

Courts and the District Courts 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.
2017-06-08 DRAFT 63

Others legal scholars - a total jungle in the courts.

Cyber Community

2017-06-08 DRAFT 64
 Shin-Bet

Figure. Shin-Bets Reem 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
2017-06-08 DRAFT
Election Committee, prisons.
65
 Shin-Bet
Vis a vis the justice system...

1984 Kav 300 affair attempt to frame senior IDF
officer in murder.

1980s 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.

2017-06-08 DRAFT 66
 Alternative views: 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) 2017-06-08 DRAFT 67
 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.

2017-06-08 DRAFT 68
 Cyber Authority

Figure. 2014, Cyber Security Center inaugurated at Tel-Aviv University. From

left: TAU President Joseph Klafter, Prime Minister Benjamin Netanyahu,
Blavatnik Cyber Center Head Prof. Isaac 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.
2017-06-08 DRAFT However, the problems
69

are almost never technological.

 Cyber Authority

Figure. 2014, Cyber Security Research Center inaugurated at Ben Gurion

University, headed by Prof Yaval Elovici. Partners are major military-
industrial entities. 2017-06-08 DRAFT 70
 Cyber Authority

Figure. 2016, Cyber Security Research Center inaugurated at the Technion.

Prof Eli Biham - Center Head (right) with Dr. Eviatar Matania - Israels
National Cyber Bureau Head, and Prof Peretz Lavie - Technion President.
2017-06-08 DRAFT 71
 Cyber Authority

Figure. 2015, Cyber Security Research Center inaugurated at Hebrew

University, headed by Prof Danny Dolev.
2017-06-08 DRAFT 72
 Cyber Authority

Figure. 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
2017-06-08Bureau);
DRAFT Prof H Shacham - UCSD. 73
 Academicians

Israel boasts cutting-edge IT technology and high level

academic expertise in related fields.

Several senior CS professors reviewed my 2013 UN and

agreed with my conclusions, but were unwilling to
publicly voice their concerns.

Prof Uzzi Ornan wrote:

Congratulations!Allpowertoyou!I hope that you see the
fruits of your enormous investment!
2017-06-08 DRAFT
Uzzi Ornan 74
 Related socio-economic trends
Rampant government corruption

Figure. Wikileaks Cablegate: 2009 US Ambassador

Cunninghams report on merger of organized crime
and government in Israel.

2017-06-08 DRAFT 75
 Related socio-economic trends (cont)
Rampant government corruption

Law professor Mota Kremnitzer wrote: Conduct of the

prosecution is scary adding to it the Supreme
Courts stance and the Attorney Generals 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 20032007, author of The
Macroeconomics of Corruption:
2017-06-08 DRAFT
A gang of 76
criminals took over the regime in the State of Israel .
 Related socio-economic trends (cont)
Poverty and widening socio-economic gaps

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

2 decades it has been propelled to 1 st place in OECD
Relative Poverty Rate. 2017-06-08 DRAFT 77
 Related socio-economic trends (cont)
Total electronic surveillance

2013-08-13

2014-09-15

2017-06-08 DRAFT 78
 Related socio-economic trends (cont)
Online content management

2017-06-08 DRAFT 79
 Related socio-economic trends (cont)
Online content management

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

monitoring and automatic or semi-automatice planting of
ideas in social network, news sites and forums discourse in
Hebrew, other basic languages... as well as Japanese, Persian,
Mandarin, Turkish.
2017-06-08 DRAFT 80
 Related socio-economic trends (cont)
Total electronic surveillance

Staunch opposition by leading Israeli IT and cryptology experts

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

2017-06-08 DRAFT 81
 Related socio-economic trends (cont)
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.
2017-06-08 DRAFT 82
 Related socio-economic trends (cont)
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 on assaulting police.

Attorney Barak Cohen restraining order redefined Freedom of

Speech in Israel, suspension, criminal prosecution on conspiracy.

Lori Shem-Tov and Moti Leybel criminal prosecution, internet

terror.
2017-06-08 DRAFT 83
 Related socio-economic trends (cont)
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.

2017-06-08 DRAFT 84
 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.
2017-06-08 DRAFT 85
 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.

2017-06-08 DRAFT 86
 Conclusions (cont)

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. 2017-06-08 DRAFT 87
 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.

2017-06-08 DRAFT 88
 Joseph Zernik, PhD
Human Rights Alert (NGO)

2017-06-08 DRAFT 89