IN PRO PER IN L.A. // בעצמו, בלתי מיוצג: 2012/07/07

Computing experts should assume a special civic duty in protecting the People against abuse by governments in the digital era.

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Jerusalem and Los Angeles, July 7 - Two papers, detailing large-scale fraud in the electronic record systems of the courts in the US and in Israel, have been peer-reviewed for publication, and selected for presentation in an international data analytics conference in Europe later this year:

1) "Design and Operation of Information Systems of the US Courts are Linked to Failing Banking Regulation"

Abstract The current report is based on data mining of the information systems of the US courts – PACER (Public Access to Court Electronic Records) and CM/ECF (Case Management/Electronic Court Filing), and a case study of landmark litigation under the current financial crisis: Securities and Exchange Commission v Bank of America Corporation (2009-10). The case originated in the unlawful taking of $5.8 billions by banking executives, and concluded with the executives never returning the funds to the stockholders and no individual being held accountable. The case was covered numerous times by major US and world media. Data mining of records of the US courts from coast to coast reveals built-in deficiencies in validity and integrity of the PACER and CM/ECF. The case study documents missing and invalid litigation records, leading to the conclusion that the case as a whole amounts to simulated litigation. A number of corrective measures are outlined, including publicly and legally accountable functional logic verification of PACER and CM/ECF, and correction of the defective signature and authentication procedures now implemented in the systems. Information systems and data mining experts face a unique duty in safeguarding the integrity of the courts, human rights, and civil societies in the digital era.

2) "Integrity, of lack thereof, of the electronic record systems of the courts of the State of Israel"

Abstract The Human Rights Alert (NGO) submission for the Universal Periodic Review of Human Rights in Israel, filed in May 2012, is probably a first – being narrowly focused on integrity, or lack thereof, of the electronic record systems of the Supreme Court, district courts, and the detainees’ courts of the State of Israel. The underlying research is primarily based on data mining of the online public records of the courts.

Supreme Court: On or about March 2002, integrity of the electronic records was seriously compromised. Around that date, increased irregularity is seen in certification authorities and numerous falsified decision records were discovered. Today, all electronic records are published with no certification at all, “subject to editing and phrasing changes”. False and deliberately misleading certifications of decisions of the Supreme Court, which were recently issued by the office of the Chief Clerk, were also discovered. The Administration of Courts also refused to produce the appointment record of the current Chief Clerk, if any existed.

District Courts: The publicly accessible records were found invalid, primarily for failure to display visible, reliable digital signatures of judges and authentication records by clerks. The State Ombudsman’s Report 60b (2010) details various apparent violations of the law in development and implementation of the system.

Detainees Courts: The insecure, unsigned decisions of the detainees courts, often created long time after the dates of the hearings, could not possibly be considered valid legal records. The detainees ID numbers show suspicious discontinuities and failure to correlate with time of issuance. Media reported the conduct of simulated hearing, and issuance of simulated decision in one of the courts. The Israeli Ministry of Justice refused to answer on Freedom of Information request, pertaining to the names and locations of such courts. The results should raise concerns regarding establishment of ”black hole” prisons and ”field courts”.

Electronic Signature Act (2001): The evidence shows that the Ministry of Justice of the State of Israel has deliberately undermined the implementation and enforcement of the Act over the past decade, and with it, the integrity of legal and financial records of the State of Israel. The Ministry of Justice also refused to produce the appointment record of the current Registrar of Certifying Authorities, if any existed.

The findings hold serious implications relative to local socio-economic trends, banking regulation, and the Israeli-Palestinian conflict. The findings should also require reassessment of any faith and credit, which may be given to legal public records originating in the courts of the State of Israel by other nations, including, but not limited to those, who are parties to the Hague Convention (1961).

The Human Rights Alert submission recommends:

1. The electronic records systems of the courts should be examined, repaired, and validated by Israeli computing and legal experts, under accountability to the legislature.

2. A Truth and Reconciliation Commission should be established relative to conduct of members of the judiciary and the legal profession, who were involved in undermining the integrity of the systems;

3. No court of any nation should be permitted to develop and implement its own electronic record systems.

The two cases are inter-related. The systems, implemented over the past decade in the State of Israel, mimic key features of the fraudulent computer systems, which were implemented in the state and federal courts in the United States a couple of decades earlier. Moreover, as detailed by the Israeli State Ombudsman's report, two US-based corporations, IBM and EDS, were involved in the development and implementation of the new systems of the Israeli courts, a process that entailed various violation of the laws of the State of Israel.

The two papers were authored by Joseph Zernik, PhD, of Human Rights Alert (NGO). [1] Dr Zernik had previously published and presented his research, regarding systemic fraud in governments' computer systems, in a data mining conference in Europe in 2010 [2,3] and in the 16th World Criminology Congress in 2011, among other venues. [4,5]

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.” [6]
The 2012 submission of Human Rights Alert to the Human Rights Council of the United Nations is titled, "Integrity, of lack thereof, of the electronic record systems of the courts of the State of Israel" is scheduled for review in early 2013. [7]
LINKS:
[1] 12-07-07 Biographical Sketch Joseph Zernik, PhD
http://www.scribd.com/doc/46421113/[2] 10-08-18 Zernik, J: Data Mining as a Civic Duty – Online Public Prisoners’ Registration Systems,
International Journal on Social Media: Monitoring, Measurement, Mining 1: 84-96 (2010)
http://www.scribd.com/doc/38328591/
[3] 10-08-18 Zernik, J: Data Mining of Online Judicial Records of the Networked US Federal Courts,
International Journal on Social Media: Monitoring, Measurement, Mining, 1:69-83 (2010)
http://www.scribd.com/doc/38328585/[4] 11-08-01 Zernik, J: Fraud and corruption in the US courts is tightly linked to failing banking regulation and the financial crisis, 16th World Criminology Congress presentation
http://www.scribd.com/doc/61351562/
[5] 11-08-01 Zernik, J: Los Angeles Superior Court - widespread corruption and refusal of US government to take action, 16th World Criminology Congress presentation
http://www.scribd.com/doc/61351469/[6] 10-04-19 Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the
2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR staff report:
http://www.scribd.com/doc/38566837/
[7] 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/ _______

Joseph Zernik, PhD
Human 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 online Flag Counter: 140http://inproperinla.blogspot.com/
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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)
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Large-scale fraud in the computer systems of the US and Israeli courts to be detailed in an international computer science conference