Sunday, June 24, 2012

12-06-25 Hijacking of the digital seal of the State of Israel

New Freedom of Information response by the Ministry of Justice provides additional evidence that the digital seal of the State of Israel was hijacked by ComSign.  The validity of any electronic legal public record, originating in the State of Israel should be questioned. Similar fraud was documented in the electronic record systems of the state (SUSTAIN) and federal (PACER, CM/ECF) courts in the United States.

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Visible digital certifications: a. Acrobat; b. CoSign; c., d. ComSign

View as PDF: 
 http://www.scribd.com/doc/98120110/
Jerusalem, June 25 - "Perhaps the most striking finding in examining thousands of court and other legal public records of the State of Israel," says Joseph Zernik, PhD, of Human Rights Alert (NGO), "is that neither a single visible certified digital signature, nor a single certified server has been discovered." The study was conducted as part of a recent submission to the Human Rights Council of the United Nations. [1] The submission is titled, "Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel."

Human Rights Alert has released today additional recent Freedom of Information correspondence with the Ministry of Justice, [2,3] pertaining to the appointment, or lack thereof, of persons, who appeared and acted as "Registrars of Certifying Authorities" - the keepers of the digital seal of the State of Israel.
The supplemental Freedom of Information response by the Ministry of Justice [2] provided the references in Reshumot (the official Register of the State of Israel) for appointments of the Registrars of Certifying Authorities, pursuant to the Electronic Signature Act (2001). [4]

However, the response was internally inconsistent, since the first appointment record, referenced by the Ministry of Justice, dated August 28, 2011, and pertaining to Attorney Yoram HaCohen, explicitly states that he is replacing Attorney Amit Ashkenazi in that office.  However, the Ministry of Justice failed to provide any reference for the Appointment of Attorney Amit Ashkenazi prior to August 28, 2011. 

The Human Rights Alert reply to the Ministry of Justice [3] also noted the inconsistency, or contradictions between the Freedom of Information response and other records, which may appear as legal public records of the State of Israel. Such records pertain to the conduct of Attorney DROR ADAM, AMIT ASHKENAZI, and YORAM HACOHEN as Registrars of Certifying Authorities, apparently with no lawful authority at all. [5]

The Human Rights Alert reply to the Ministry of Justice also pointed out that the Electronic Signature Act (2001) stipulated that the "Registrar of Certifying Authorities" by qualified as a Magistrate Court Judge, but the Ministry of Justice had failed to provide any record of such appointments of either Attorney Ashkenazi or HaCohen.

"Even if one accepts the Freedom of Information response by the Ministry of Justice as valid," says Dr Zernik, "one must conclude that any conduct by a 'Registrar of Certifying Authorities' prior to August 28, 2011, was unlawful and unauthorized."

During the period from 2001 to August 28, 2011, various records, generated under the purported authority of the "Registrar of Certifying Authorities," established standards, issued contracts, engaged in enforcement, and most significantly, established COMSIGN (a subsidiary of COMDA) as the sole Certifying Authority of digital signatures in Israel.

In parallel, the Human Rights Alert submission has documented fraud in the certification of Supreme Court decisions and in Apostille certifications, relative to the Hague Convention (1961), as well as the proliferation of simulated court and public legal records of the State of Israel. [6,7]
The submission concludes:
The findings hold serious implications relative to local socioeconomic trends, banking regulation, and the Israeli-Palestinian conflict:
1.       The validity of any legal public records, originating in the courts of the State of Israel should be re-assessed;
2.       Nations, including but not limited to those, who are parties to the Hague Apostille Convention (1961), should re-assess any faith and credit, given to legal public records originating in the courts of the State of Israel;
3.       Attempts to address the crisis would likely be compounded by conflicts of rivaling security, legal, and financial groups.

The submission recommends:
Major efforts should be made to address what amounts to a constitutional crisis in a nation with no constitution:
1.       The electronic records systems of the courts should be examined and repaired by Israeli computing/legal experts, under accountability to the legislature.
2.       A Truth and Reconciliation Commission should be established relative to events surrounding the 2002 death of Supreme Court Chief Clerk Shmaryahu Cohen and the role of the judiciary in implementation of the invalid, false and deliberately misleading electronic record systems in the courts; 
3.       No court of any nation should be permitted to develop and implement its own electronic record systems.

Human Rights Alert has previously documented large-scale fraud in the electronic record systems of the state (SUATAIN) and federal (PACER, CM/ECF) courts in the United States, [8,9] and the central role of racketeering in the state and federal courts in the current financial crisis. [10] Two large US-base corporations, IBM and EDS, were involved in implementing the fraudulent electronic record systems of the courts of the State of Israel.
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LINKS:
[1] 12-06-04 Human Right Alert's 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/92826212/12-06-04 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/[2] 12-05-28 Supplemental Freedom of Information Response (T/17) by the Ministry of Justice re: Registrar of Certifying Authorities and certified electronic signatures in the Supreme Court of Israel, if any, pursuant to the Electronic Signature Act (2001)
http://www.scribd.com/doc/96182299/[3] 
12-06-07 Supplemental Freedom of Information Reply on the May 28, 2012 Supplemental Ministry of Justice Response (T/17) re: Registrar of Certifying Authorities, pursuant to the Electronic Signature Act (2001)
http://www.scribd.com/doc/96182585/
[4] According to the April 29, 2012 and May 28, 2012 Freedom of Information Responses (T/17) by the Ministry of Justice:
a)      Prior to August 28, 2011 – no Registrar was appointed
b)      August 28, 2011 – Attorney Yoram Cohen was appointed as the Registrar, to replace Attorney Amit Ashkenazi
September 19, 2011 – Attorney Amit Ashkenazi was appointed as the Registrar, pertaining to the case of ComSign, Inc, without subtracting from the authority of Attorney Yoram HaCohen. 
[5]  According to various records, which appear as legal public records of the State of Israel: (see [3], above, for specific references)
  • January 1, 2003 – Attorney Dror Aram is listed as the Registrar
  • February 18, 2004 – Attorney Dror Aram is listed as the Registrar
  • January 10, 2007 – Attorney  Amit Ashkenazi, was appointed as the Registrar
  • May 5, 2008 – Attorney Amit Ashkenazi filed the Annual Report of the “Registrar of Certifying Authorities” for 2007
  • November 23, 2009 – Attorney Amit Ashkenazi appeared before the Knesset Committee, where he was introduced by Attorney Yoram HaCohen as the “Registrar of Certifying Authorities”. Moreover, Attorney Yoram HaCohen indicated that he (HaCohen) was barred from engaging in regulation as the Registrar, due to Conflicts of Interests. (Row 8)
  • December 13, 2009 – Attorney Amit Ashkenazi is listed as the Registrar.
  • December 13, 2009 – Attorney Amit Ashkenazi is named in a Press Release as the Registrar, soon departing that office.
  • March 28, 2011 –The Annual Report of the Justice, Technology, Information Authority for 2009 includes the Annual Report of the “Registrar of Certifying Authorities”. However, no individual is named as the “Registrar of Certifying Authorities” in these records.
  • July 26, 2011 – Attorney Yoram HaCohen states that Amit Ashkenazi is the “Registrar of Certifying Authorities” in the 2010 Annual Report of the Justice, Information, Technology Authority.
  • August 1, 2011 - Attorney Yoram HaCohen introduces Atty Amit Ashkenazi to the Committee as the “Registrar of Certifying Authorities” in Protocol 101 of the Knesset Science and Technology Committee.
[6] "Simulated litigation", "simulated decisions", "simulated service", "simulated justice system" here refer to conduct defined as felonies in the Texas Criminal Code as follows:
Texas Penal Code §32.48. SIMULATING LEGAL PROCESS.  
(a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to:
        (1)  induce payment of a claim from another person;  or                       
        (2)  cause another to:                                                        
            (A)  submit to the putative authority of the document;  or                 
            (B)  take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document.
(b)  Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered.
[7] 11-12-19 Zernik, J: Simulated Records, Simulated Litigation Enabled by the Electronic Record Systems of the Supreme Court of the State of Israel (English) s
http://www.scribd.com/doc/73239491/[8] 09-04-20 Prof Eliyahu Shamir's Opinion Letter re: Sustain - the Case Management System of the Superior Court of California, County of Los Angeles
http://www.scribd.com/doc/46069337/
[9] 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 Courts
http://www.scribd.com/doc/59480718/
[10] 12-06-08 Courts and Judges as racketeering enterprises under RICO (the Racketeer Influenced and Corrupt Organizations Act) - key element in the current financial crisis
http://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.”
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