Cybersecurity and Law in Israel - A Case Study

Abstract

Over the past 20 years cyber systems have been implemented across the branches of government in Israel. Review of such systems documents widespread, material deficiencies in validity, integrity, and internal security, undermining Liberty, Human Rights and democratic institutions. Underlying research is based on data mining, system analysis, Freedom of Information Act [FOIA] requests, court actions, State Ombudsman, Judiciary Ombudsman and media reports. The Central Election Committee stated in response to FOIA request that the Shin-Bet validated and certified its systems, but the Shin-Bet flatly denied such statement. The Ministry of Justice purportedly implemented the E-signature Act (2001) using “detached” e-signatures, while public access to e-signature data is universally denied, in fact, no valid e-signatures have been implemented, permanently rendering all government legal and judicial records - “ddrafts”. Invalid, insecure IT systems were also implement by the Ministry of Justice in the Debtors' and Detainees' (administrative) Courts. Judges have been repeatedly caught issuing invalid, deceitful judicial records, while the Prison Service routinely admits persons to prison based on false and misleading electronic judicial records. Ministry of Treasury and the Knesset IT systems show critical flaws as well. The establishment of a new Cyber Authority in the Prime Minister's office prompted an unprecedented protest by the security establishment. The UN High Commissioner of Human Rights' Universal Periodic Report on Israel (2018) summed - “ … serious deterioration in integrity of law and justice agencies as a consequence of the implementation of e-government systems … the validity and integrity of any legal and judicial records of Israel should be deemed dubious at best.” Cyber security experts and cyber activists, should assume a central civic duty in the safeguard of Human Rights, civil society and democratic institutions in the Post-Truth Era.