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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:
- 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]
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).
- - 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).
- - Legal Counsel of the Justice, Information, Technology Authority;
- - Registrar of Certifying Authorities" pursuant to the Electronic Signature Act (2001).
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.
"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/
[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/
[3] 12-06-25 PRESS RELEASE: Hijacking of the Digital Seal of the State of Israelhttp://www.scribd.com/
[4] 10-00-00 State of Israel - Ombudsman's Report 60b, Ministry of Justice Computerization (2010) p 693 Et Seqhttp ://www.scribd.com/doc/
[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/
[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/
[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/
[8] 12-04-10 The Judge Alsheikh Affair – “Reconstructed Transcript” in the Tel-Aviv District Court _ Globehttp ://www.scribd.com/doc/
[9] 11-02-08 Dana Weiler: Court issues ruling, with quotes, from a nonexistent hearing - Haaretzhttp://www.scribd.com/
[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/
[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/
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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
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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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