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Unannounced regime change in Israel - the Electronic Signatures Act (2001) and the Biometric Database Act (2009)

Unannounced regime change in Israel - the Electronic Signatures Act (2001) and the Biometric Database Act (2009)
The Biometric Database Act (2009) was and is fiercely opposed by experts as “a step to a true police state” and as transition to a "post-democratic" regime. Little noticed, unannoucned regime change had already taken place in Israel in the early 2000s with the passage and implementation of the Electronic Signature Act (2001), the Regulations of the Courts - Offices of the Clerks (2004), and new electronic record systems in the courts. Integrity of the electronic records of the courts and other legal public records was undermined. MEIR SHITRIT, YORAM HACOHEN, and AMIT ASHKENAZI were and are central to conduct related both to the Electronic Signatures Act (2001) and Biometric Database Act (2009). Given the involvement of senior officers of all three branches of government in this conduct, a Truth and Reconciliation Commission appears as the only plausible solution.


View as PDF: http://www.scribd.com/doc/99243087/

Jerusalem, July 6 - The
Biometric Database Act (2009) permits the government of the State of Israel
to initiate the construction of a comprehensive database of personal IDs, linked
to fingerprints and facial biometric photographs of all residents of the State
of Israel. The database could be used for access control, for surveillance, and
for other police purposes. The Act was and is fiercely opposed by
experts and Human Rights advocates in Israel. In recent years, government's
personal information databases in Israel have been repeatedly compromised. The
Act was described in Israel as “a step to a true police state” and as transition
to a "post-democratic" regime. [1]

Little noticed, unannounced
regime change had already taken place in Israel in the early 2000s with the
passage and implementation of the Electronic Signature Act (2001), the
new Regulations of the Courts - Office of the Clerk (2004), and the
concurrent implementation of new electronic record systems in the courts of the
State of Israel: [2]


    [*]The Electronic Signature Act (2001) established certified digital
    signatures for State officers and attorneys appearing in courts, and prescribed
    that a Magistrate Judge be appointed by the Minister of Justice, holding the
    office of "Registrar of Certifying Authorities", to oversee the implementation
    of the database of certified digital signatures. However, Freedom of
    Information response by the Ministry of Justice states that no individual was
    appointed for a full decade, until 2011, to hold that office. Regardless,
    individuals appeared in the intervening years as "Registrar of Certifying
    Authorities" and conducted business on behalf of that office, promulgated
    guidelines, filed annual reports with the legislature (Knesset) and engaged in
    enforcement, all with no lawful authority. Through such conduct, COMSIGN
    Corporation was established as the sole certifying authority of certified
    digital signatures of the State of Israel. With it, the digital seal of the
    State of Israel was effectively hijacked. [3]
    [/*][*]New electronic record systems were concurrently implemented in the courts of
    the State of Israel. The 2010 State Ombudsman's Report 60b [4] documents
    that the systems were developed and implemented in violation of State law and
    regulations:
    [list]
  • The systems were developed with no specifications
  • Development of the systems was delegated to corporations with no bidding
    (US-based corporations, IBM and EDS, were involved in this project)
  • Development was conducted with no core supervision by State employees
  • The systems were received with no independent testing by the State client.
  • The servers, holding the records of the courts of the State of Israel were
    removed to corporate grounds, and are not under State control.

[/*][*]The Regulations of the Court - Office of the Clerk (2004) were
amended in 2005, in conjunction with implementation of the new electronic record
systems in the courts. The amendment permitted the Director of Administration of
Courts to modify the Regulations as necessary in the process of implementing the
systems. [5] The Director of the Administration of Courts has never
published the modification that were introduced in the Regulations under such
authority, and the Administration of Courts refuses to answer on any Freedom of
Information requests, pertaining to the electronic record systems. [2]
[/*][/list]One of the notable features of the new electronic record systems is
neither a single visible certified digital signature, pursuant to the
Electronic Signature Act (2001), nor a single certified server has been
discovered in recent review of thousands of public legal records. [3]
All decisions of the Supreme Court are now published as electronic record,
unsigned and uncertified, subject to "editing and phrasing changes", and the
Supreme Court refuses to duly serve its decisions on parties to litigation.
[2]

In parallel, the Human Rights Alert (NGO) 2012 report [2]
documents the proliferation of simulated records in the Supreme Court of the
State of Israel, conduct of simulated review of cases before the court,
[6] and fraud in certification of decisions of Supreme Court by the Chief
Clerk of the Supreme Court. [7] Falsification of records in the District
Court in Tel Aviv was documented by the Israel Bar Association [8], and
falsification of records in the Detainees Courts was reported by Haaretz
daily. [9]

Separately, the Administration of Courts denied a
Freedom of Information request for the appointment records of the Chief Clerk of
the Supreme Court, claiming that is was a "record of internal deliberation."
[2]

Several individuals, appearing under various titles, were and
are central to both to the fraud in implementation of the Electronic
Signature Act (2001) and passage and implementation of Biometric Database
Act (2009):

1) Meir Shitrit

2001-3 - Minister of Justice, signed Electronic Signature Act (2001)
and oversaw the first couple of years of its implementation;
2009-11 - Chair of the Justice and Technology Committee, championed the
passage of the Biometric Database Act (2009).
2) Yoram HaCohen

- Head of the Justice, Information, Technology Authority;
- Registrar of Databases in the Ministry of Justice;
- Registrar of Certifying Authorities" pursuant to the Electronic
Signature Act (2001).
3) Amit Ashkenazi

- Legal Counsel of the Justice, Information, Technology Authority;
- Registrar of Certifying Authorities" pursuant to the Electronic
Signature Act (2001).
Given that establishment
of a comprehensive state biometric database is an uncharted territory,
opposition to the Biometric Database Act (2009) in Israel has been so far
focused on theoretical consideration.
However, the experience gained in
Israel, relative to implementation of the Electronic Signature Act (2001)
and the new electronic records systems of the courts, provides relevant
precedents. Such precedents demonstrate: The Executive had no intention of
complying with the Electronic Signature Act (2001); The Judiciary were
intimately involved in the conduct related to undermining the integrity of court
record in the State of Israel; The Legislative is not ready, willing, able to
exert oversight - individuals fraudulently appeared and filed annual reports
with the Knesset as "Registrars of Certifying Authorities", pursuant to the Act. [/list]"Given the involvement in recent years of senior officers of all three
branches of government in undermining the integrity of the justice system of the
State of Israel, the only conceivable solution is in the establishment of a
Truth and Reconciliation Commission," says Joseph Zernik, PhD, of Human Rights
Alert.

Events that have taken place in Israel over the past decade also
demonstrate that the biggest hacking risk to government data systems is from
'inside jobs' by government officials, and that no government should be trusted
with constructing a biometric database.

The electronic record systems of
the courts in the United States were compromised a couple of decades earlier.
Today, fraud in the electronic record systems of the mamy the states (SUSTAIN)
and federal (PACER, CM/ECF) courts is rampant. [10]

Corruption of
the courts in the United States is most notably seen in abuse of Human Rights
and failing banking regulation. Conditions that have been established in the
State of Israel pose similar risks to Human Rights and banking regulation in the
State of Israel.
______________
LINKS:[1] 12-07-05 The Biometric
Database Act (2009) in Israel – “a step to a true police state” -
compilation of media reports and legal records http://www.scribd.com/doc/99225061/ [2]
12-06-04 Human Right Alert's Appendix to Submission; 15th UPR Working
Group Session (Jan-Feb 2013) - State of Israel: Integrity, or lack thereof, of
the electronic record systems of the courts of the State of Israel http://www.scribd.com/doc/82927700/
[3] 12-06-25 PRESS RELEASE:
Hijacking of the Digital Seal of the State of
Israelhttp://www.scribd.com/doc/98120110/[4] 10-00-00 State of
Israel - Ombudsman's Report 60b, Ministry of Justice Computerization
(2010) p 693 Et Seqhttp ://www.scribd.com/doc/50624862/
[5] 04-11-25 Takanot Batey Hamishpat
- Mazkirut (2004) // Regulations of the Courts - Offices of the Clerks (2004)
(Heb + Eng)
http://www.scribd.com/doc/48770720/ [6] 11-12-19 Simulated Records,
Simulated Litigation Enabled by the Electronic Record Systems of the Supreme
Court of the State of Israel (English)
shttp://www.scribd.com/doc/73239491/[7] 12-04-16 PRESS RELEASE:
Criminal Fraud Complaint Against SARAH LIFSCHITZ, Chief Clerk of the Supreme
Court of the State of Israel, Filed Today With Israel Policehttp ://www.scribd.com/doc/89681591/
[8] 12-04-10 The Judge
Alsheikh Affair – “Reconstructed Transcript” in the Tel-Aviv District Court _
Globehttp ://www.scribd.com/doc/90686541/
[9] 11-02-08 Dana Weiler: Court
issues ruling, with quotes, from a nonexistent hearing -
Haaretzhttp://www.scribd.com/doc/48769638/[10] 11-07-06 Request filed by Windsor and Zernik with US
Attorney General Eric Holder for Review of Integrity of Public Access and Case
Management Systems of the US Courtshttp://www.scribd.com/doc/59480718/
[11] 12-06-08 Courts and Judges as racketeering enterprises under
RICO (the Racketeer Influenced and Corrupt Organizations Act) - key element in
the current financial crisishttp://www.scribd.com/doc/96504009/
_____________________________Joseph Zernik, PhDHuman Rights Alert (NGO) The 2010 submission of Human Rights Alert to the
Human Rights Council (HRC) of the United Nations was reviewed by the HRC
professional staff and incorporated in the official HRC Professional Staff
Report with a note referring to “corruption of the courts and the legal
profession and discrimination by law enforcement in California.”Human Rights Alert onlineFlag
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Take away
justice, then, and what are governments but great bandit
bands?Saint Augustine, Civitas Dei (City
of God,4.4) _____________________________

[/list]


Added: Jul-5-2012 Occurred On: Jul-5-2012
By: HumanRightsAlert
In:
Regional News, Other News, Politics, LiveLeaks
Tags: State of Israel, Electronic Signatures, Biometric Database
Location: Jerusalem, Yerushalayim, Israel (load item map)
Views: 2123 | Comments: 1 | Votes: 0 | Favorites: 0 | Shared: 0 | Updates: 0 | Times used in channels: 3
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