APPENDIX: E-government in Israel - Transformation into the Post-Truth Era

Joseph Zernik, PhD

Human Rights Alert (NGO), Tel-Aviv, Israel
joseph.zernik@hra-ngo.org
Abstract: Previous reports (e.g., ECEG2015) reviewed e-courts in Israel, documenting
large-scale fraud in new IT systems of the Israeli courts, amounting to an unannounced
regime change. The current report reviews e-government across the branches of
government, re-affirming the same conclusion. The underlying research is based on data
mining, system analysis, Freedom of Information Act (FOIA) requests, State Ombudsman,
Judiciary Ombudsman, UN Human Rights Council reports and case studies. The Knesset
(parliament) refuses to duly answer on FOIA requests pertaining to development,
validation, operation, and security of its own IT systems and electronic records. The
Knessets records themselves are patently invalid and insecure. The Central Election
Committees IT systems have been repeatedly alleged as a tool for a 2015 general
election fraud. State Ombudsmans reports document ongoing critical integrity and
security failures in the Committees systems. The Committees initial FOIA response
states that its IT systems were examined and certified by the Shin-Bet (secret service).
However, the Shin-Bet denied such claims, and subsequently the Committees amended
FOIA response, states that it doesnt have any information regarding validation and
certification of its systems. The Ministry of Justice implemented the E-signature Act
(2001) in collaboration with Comsign, a private corporation, controlled by senior IDF Unit
8200 (cyber-war) veterans. Detached e-signatures were implemented, and public
access to e-signature data is universally denied, permitting routine Shell Game Fraud
(Confidence Trick) by state officers. Such officers issue false and misleading, unsigned
official records, which are deemed by them drafts, but are deceptively represented to
others as valid and authoritative state legal records. Fraudulent IT systems have also
been implemented in administrative courts under the Ministry of Justice: The Debtors
Courts and the Detainees Courts, as documented in State Ombudsman and UN Human
Rights Council reports, respectively. Judges have been repeatedly caught perpetrating
Fraud Upon the Court through issuing false and deliberately misleading, sham/simulated
drafts and falsely representing them to others as valid, effectual and enforceable court
records. No such judge has been held criminally accountable. The Israel Bar Association
and the legal profession should be generally viewed central to such fraudulent
government practices. However, leading law professors have recently voiced their
protest in view of patent corruption of the courts and the State Prosecution in the Roman
Zadorov affair. CS departments in leading academic institutions are now home to two
newly established, state-funded Cyber Security Research Centers. With a few exceptions,
academic CS experts are unwilling to comment on the fundamental deficiencies of e-
government in Israel. The Security Apparatus controls all critical e-government systems,
and over the past year the Prime Minister has assumed total authority over such systems
with no clear foundation in the law. In an our era, [computer] code is law. Therefore, e-
government systems are a central control tool, which defines the nature of the regime.
Israel may present an extreme case, but not a unique one at all. IT experts in general,
and e-government experts in particular, should assume a central civic duty in the
safeguard of Human Rights and Civil Society in the Post-Truth Era.
Keywords: Shin-Bet, Cyber Authority, Regime Change, Deep State
1. Introduction
E-government is increasingly implemented throughout developed and developing
nations. The process is highly encouraged as a way to increase efficiency and
productivity, increase public transparency, enhance direct democratic processes, and
reduce bureaucracy. However, the rapid adoption of e-government involves the rapid
abandonment of procedures and practices, which have been carefully developed
throughout centuries under paper administration of government. The transition to e-
government is often implemented with insufficient public oversight and results in
procedures and practices, which are obscured under computer code, while their paper
counterparts were transparent. Therefore, the transition is fraught with risk.
At the same time, the study of e-government systems provides unique insights into
government conduct and misconduct. In fact, such studies provide an alternative
narrative regarding the nature of the regime.
2. Knesset (parliament)
Most of the Knessets work is performed in committees. The basic committees records
are protocols, which are today maintained as unsigned Word documents, often bearing
the disclaimer unproofed version. Freedom of Information Act (FOIA) request was filed
with the Knesset, seeking records which document lawful development, validation,
operation and security of the Knessets IT systems (Zernik, 2016a). [ i]
The October 10, 2016 response by the Knesset Freedom of Information office was a paper
letter, bearing invalid signature. Such purported FOIA response stated (Hizkiyahu, 2016):
[ii]
The request pertains to organizational knowledge... which is not in our
possession.
Repeat requests for a valid response, signed by an authorized Freedom of Information
Officer, remain unanswered. [iii] Requests for assistance by MK Karin Elharar, Chair of the
State Oversight Committee, in obtaining valid FOIA response by the Knesset, remain
unanswered as well.
3. Central Election Committee
PM Netanyahus win in the March 2015 general election defied all up to the last minute
pollsters predictions. The first report, suggesting computer fraud in the 2015 election,
appeared a few days later in a prominent blog, considered close to the Obama White
House (Athenian, 2015). [iv] The same claims were repeated a few weeks later in a
petition to the Israeli Supreme Court (Levi, 2015). [v] The petition was summarily denied
for lack of standing . [vi] A series of more recent publications again make such claims
(Levi, 2016). [vii] The fraud claims are primarily based on statistical analysis, comparing
the data from recent general elections. The core allegation is that in 2015 fraud was
perpetrated in the last couple of hours of the polling day through IT systems of the
Central Election Committee by adding votes on behalf of people, who did not exercise
their right to vote. Such fraud allegedly added to Netanyahu's Likud party 4-8 mandates
(out of 120), which entirely changed the outcome of the election. Therefore, such
allegations challenge the lawful authority of the current Knesset and the current
governing coalition.
In September 2016, while activists were trying to conduct a further, more detailed
statistical analysis of polling returns by polling station, the 2013 election data, published
on the Committees web site, were adulterated (Figure 1).

Figure 1: Polling returns, as published on the Central Election Committee web-site

(downloaded on September 28, 2016). Left: Data for the March 17, 2015 election for
the 20th Knesset. Right: Data for the January 22, 2013 election for the 19 th Knesset. The
data for the 2013 election were adulterated, showing an exact copy of the 2015 election
data, including polling returns for parties, which did not even exist in 2013. The top
horizontal red frames were added to highlight the election name and date. The bottom
red vertical frames to highlight that data of the two different elections are identical.
_____
The published State of Israel Ombudsmans Report 66c (2016a) - Central Election
Committee - Administrative Aspects of the 2015 Election - notes the following regarding
IT systems of the Central Election Committee: [viii]
A previous audit showed that the Events Log of Democracy system failed
to include most of the online transactions, which were executed in the
system, and also failed to include false access attempts. In addition, the
Central Election Committee had not appointed a person, who would have
been authorized to inspect the Events Log. Follow-up audit shows that
such deficiencies have not been fully corrected.
Such failure to record and monitor outside, online access should be considered a critical
security and validity failure in such system. Moreover, the 2016 audit records that such
failure in the 2015 election had existed at least since before the 2013 election, and had
not been corrected, regardless of the previous Ombudsmans audit recommendations.
The published State Ombudsmans Report 55bc (2014) - Administrative Aspects of the
2013 Election, lists additional material security failures, relative to management of
authorities and permissions. [ix]
Such critical failures make it extremely unlikely that the system was developed in
compliance with state law and binding standards regarding development and
implementation of state IT systems, e.g., written specifications, core management of
development and independent validation and certification by an authorized state
employee prior to implementation. [x]
FOIA response by the Central Election Committee, pertaining to lawful development,
validation, operation and security of the system, failed to provide the requested records.
Instead it claimed inter alia, that the Committees IT systems had been examined and
certified by the Shin-Bet (secret service) Reem unit (Information Security Authority)
(Naveh, 2017). [xi] Inquiry with Shin-Bet Head Nadav Argaman, also states that the
Committees FOIA response should be deemed overall false and misleading (Zernik,
2017). [xii,xiii,xiv] Shin-Bet response flatly denied the Committees claim, and any authority
and responsibility of Shin-Bet over the Committees systems (Malka, 2017).
Subsequently, the Committees amended FOIA response states that it doesnt have any
information regarding validation and certification of its systems (Naveh, 2017a). [xv]
The overall circumstances raise serious concerns regarding integrity of the Central
Election Committee, in particular conduct of attorneys, who are senior officers of the
Committee, and successive Supreme Court justices, who have served as the Committees
chairs. Consequently integrity of general elections in Israel.
4. Ministry of Justice
The Ministry of Justice, oversaw implementation of the Electronic Signature Act (2001)
through privatizing the administration of certification and implementation of e-signatures
to Comsign a private corporation, which is controlled by senior IDF Unit 8200 (cyber
war) veterans and later also to PersonalID. In such process, invisible, undetectable,
detached e-signatures were implemented, akin to the Emperors New Clothes.
Consequently, state officers routinely issued false and misleading, unsigned records,
which are deemed by them drafts, but which are represented to others as valid,
authoritative state records. Such practices amount to Shell-game Fraud, or Confidence
Trick (Figure 2). [xvi]

Figure 2. Annual Report (2006-7) by Attorney Yoram HaCohen, Magistrate of Certifying

Authorities pursuant to the Electronic Signature Act (2001): Unsigned signature box of
the report, submitted to the Knesset and to the Minister of Justice, as published online by
the Ministry of Justice. The signature box says: Truly, Yoram HaCohen, Advocate,
Magistrate of Databases, Justice Technology and Information Authority (Originally signed
by a secure electronic signature) [red in the original - JZ]. The Ministry of Justice denied
a FOIA request for a copy of the same record, including a visible, or electronically
detectable electronic signature, claiming that e-signatures of state officers were private
instruments.
_____
The Ministry of Justice established fraudulent case management systems in the Debtors
Courts and the Detainees Courts administrative courts under the Ministry of Justices
authority. The 2016 State Ombudsman Special Report documents rampant fraud in the
Debtors Courts: Conduct of fake collection procedures on debtors, commenced and
perpetrated with no lawful debt at all (State of Israel Ombudsman, 2016b). [ xvii] Some of
the most blatant examples of fraud in the Debtors Courts case management systems
involve the fundamentals of accounting application of secretive, unlawful, usury
interest rates, and failure to credit the debtors for payments made. By estimate, the
scope of the fraud in the Debtors Courts amounts to a few billion NIS a year. Therefore, it
should be considered a material cause in increasing poverty in Israel.
The fraud in IT systems of the Detainees Courts was documented in the Human Rights
Alert (NGO) submission to the UN Human Rights Council Universal Periodic Review of
Israel (2013), [xviii] which was incorporated by reference in the final Professional Staff
Report with a note regarding lack of integrity in the electronic record systems of ...the
Detainees Courts in Israel. The outcome of such practices in the Detainees Courts is the
unlawful deprivation of liberty of refugees and asylum seekers under harsh conditions in
desert camps, at times for years . [xix]
5. The Judiciary
The effect of the transition to e-courts in Israel was reviewed in detail in previous reports
(Zernik, 2015, 2016b). [xx,xxi] Here only minimal background information and updates are
provided.
5.1 Judge Varda Alshech and the Fabricated Protocols scandal in the Tel-Aviv
District Court (2011-13)
The Fabricated Protocols scandal erupted in 2011, less than 2 years after
implementation of Net-HaMishpat - case management, electronic filing and public access
system of the District and Magistrate Courts. The scandal presents the clearest evidence
of the fundamental lack of integrity in Net-HaMishpat and its impact on the
administration of justice and Rule of Law in Israel. The Fabricated Protocols themselves
are perfect examples of sham/simulated court records and Fraud Upon the Court (Figure
3).

Figure 3. Bank HaPoalim v State Receiver (1623/00) in the Tel-Aviv District Court:
September 12, 2011 Protocol and Decision by Judge Varda Alshech, produced in Net-
HaMishpat IT system. The record, shown here, is one of two, at the center of the Judge
Varda Alshech Fabricated Protocols scandal. The record appears to bear (page center)
the signature of Judge Varda Alshech. The Ombudsmans decision determines that it is an
invalid graphic signature. The record appears to bear a certification stamp (True Copy
of the Original) with an accompanying illegible clerks signature (page bottom left) but
no printed name, and the Seal of the Court (page bottom right). The Ombudsmans
decision that the certification was executed by an unauthorized, incompetent court
employee. Ombudsman of the Judiciarys decision final determination is that the record is
invalid, void not voidable merely a draft - since it is not electronically signed.
____
The Ombudsman of the Judiciary Decision (2012) in the Fabricated Protocols scandal
determined: [xxii]
a) The visible (cut and paste) graphic signatures on electronic judicial records in Net-
HaMishpat (and other state records as well) are of no validity at all.
b) Electronic decision records in Net-HaMishpat, which are not electronically signed, are
invalid, lack force and effect - merely drafts.
c) In Net-HaMishpat, in particular on paper printouts, there is no way for parties, counsel,
or the public-at-large to distinguish between a valid, effectual, electronically signed
record and an invalid, electronically unsigned record (draft) - because access to the
detached electronic signature data is universally denied.
d) Judges routinely issue invalid, electronically unsigned records (drafts) in Net-
HaMishpat, while falsely representing them to parties, counsel and the public-at-large
as valid and effectual court records.
e) Unauthorized, unqualified staff of the courts routinely, falsely certify unsigned, invalid
electronic records from Net-HaMishpat, True Copy of the Original.
Of interest, even after the Ombudsmans decision, Alshechs Fabricated Protocols were
not removed from the Tel-Aviv District Courts Net-HaMishpats electronic file docket, and
no reasonable corrective action was evident in the court file, even after filing a notice
with the Tel-Aviv District Court (Figure 4).

a)

b)
Figure 4: Bank HaPoalim v State Receiver (1623/00) in the Tel-Aviv District Court -
electronic public records in Net-HaMishpat (downloaded on February 2017): a) The
Decisions Docket shows three (3) entries: Two (2) September 12, 2011 Protocols (the
Fabricated Protocols) both by Judge Varda Alshech, and a February 29, 2016 Decision
by Judge Einat Ravid. b) Attempts to view the records of the September 12, 2011
records (the Fabricated Protocols) generate a pop-up message, which says: The record
is unaccessible right now.
______
Therefore, current state of Bank HaPoalim v State Receiver court file in Net-HaMishpat
presents a standing evidence of the systems lack of integrity and validity.
Additionally, the Ombudsman of the Judiciary determined that Judge Alshech falsified and
perverted the protocol records with intent to mislead and to harm an attorney, who
appeared before her. The falsified records were used as the foundation for commencing a
semi-criminal disciplinary process against the attorney. Falsifying court records by judges
is well-known worldwide for generations as extra-judicial conduct, which is not covered
by any immunity - Fraud Upon the Court. Judge Varda Alshech, who was one of the most
influential judges in Israel, presided in some of largest corporate bankruptcy, dissolution,
and haircut cases. She was not held criminally accountable and eventually retired.
The case of Judge Varda Alshech was not the only one of its kind. Falsification of
electronic court records in Net-HaMishpat has been repeatedly documented. However, in
no case was a judge indicted or prosecuted for falsification of court records (Zernik,
2016c,d). [xxiii,xxiv] Therefore, conditions are now established, which permit judges to
engage in Fraud Upon the Court with impunity.
5.2 Even-Israel LTD v Shulman et al in the Supreme Court (2016)
Previous reports documented the systematic undermining of integrity of the Supreme
Courts records since March 2002. Conditions, now prevailing in the Israeli Supreme Court
have been recently again demonstrated in the case of Even-Israel LTD v Shulman et al
(1554/16): On April 10, 2016, the Supreme Court issued a judgment in favor of one party,
then on June 5, 2016, it issued a judgment in favor of opposing party, inexplicably
reversed the original judgment. Once the incident was reported by media, the Supreme
Court issued a June 8, 2016 Decision, stating that the original, April 10, 2016 Judgment
was merely a draft. [xxv]
In parallel with the inexplicable reversal of judgments, the original, paper record of the
April 10, 2016 Judgment disappeared from the Supreme Courts paper court file and its
electronic rendition disappeared from the Supreme Courts IT system as well (Ginat,
2016). [xxvi]
5.3 The Roman Zadorov affair (2006-present)
The Roman Zadorov affair with all its ramifications, should probably be deemed the worst
corruption scandal of law enforcement and the justice system in the State of Israels
history (Zernik and Grishaev, 2016). [xxvii] In September 2010, Ukrainian Roman Zadorov
was purportedly convicted by the Nazareth District Court in the 2006 gruesome murder
of 13 year old Tair Rada. Zadorov was purportedly sentenced to life in prison. However,
regardless of intensive efforts, no valid Verdict or Sentencing records have been
discovered to this date (Figure 5) .

a) b)
Figure 5: State of Israel v Roman Zadorov (502/07) in the Nazareth District Court:
Purported Verdict records, originating in Net-HaMishpat (case management system of
the court), convicting Zadorov of murder. a) The signature box of the purported Verdict
record, which was filed by Zadorovs defense attorney with the Notice of Appeal in the
Supreme Court in October 2010, as discovered upon inspection of the Supreme Courts
paper court file original records. The record is unsigned and uncertified. b) The
signature box of the purported Verdict record, which was discovered upon inspection of
the electronic court file in the Nazareth District Court in 2015. The record fails to show
any type of signature of one of the three judges (bottom center), and shows perverted,
negative form of the graphic signatures of the two other judges. Such Verdict record
appears neither in the Decisions Docket nor the Judgment Docket in Net-HaMishpat.
Furthermore, the discovery of two different versions of the same record, which were
printed out from Net-HaMishpat, makes it evident that the record was not electronically
signed in 2010. The Nazareth District Court denies access to the electronic signature
data of the record, if they exist at all.
_____
In 2015, while Zadorovs appeal was still pending before the Supreme Court, Attorney
Avigdor Feldman, one of Israels top criminal defense attorneys and then Zadorovs pro
bono defense counsel, wrote that Zadorovs authentic judgment records could not be
discovered, since they had been scattered by the wailing wind across the vast Jezreel
Valley (which the Nazareth District Court overlooks) (Feldman, 2015). [ xxviii]
The falsification of court records in the Roman Zadorov affair was not limited to the
Nazareth District Court. There is no way to obtain a duly signed and certified decision
record in this case from the Supreme Court either. Regardless of repeat requests, only
falsified records were repeatedly provided by the Supreme Courts Office of the Clerk in
this case (Figures 6).

a) b)
Figure 6: Zadorov v State of Israel (7939/10) criminal appeal of purported murder
conviction in the Supreme Court - falsification/forgery of Israeli Supreme Court records:
Regardless of repeat requests, it is impossible to obtain duly signed and certified copies
of Supreme Court decision records in this case. Instead, various perversion and/or
forgeries are provided: a) The record is not signed by the judicial authorities at all. b) In
both copies, the certification language is invalid and not the one prescribed by law
(Copying is True to the Original, instead of True Copy of the Original). Additionally,
the certifications in both a) and b) are signed by an unauthorized person - Mr Danny
Levy, Senior Coordinator, Criminal Division. The footnotes on all Supreme Court records
since 2002 include the disclaimer: Subject to editing and phrasing changes.
_____
Unprecedented in the history of the State of Israel, a series of senior legal scholars
published their protests regarding conduct of justices of the Supreme Court, judges of the
Nazareth District Court, the Attorney General, the State Prosecution, and the Israel Police
in this case. Senior criminal law professor Boaz Sangero repeatedly stated that Roman
Zadorov was innocent - convicted with no real evidence - in open defiance of the
courts. [xxix] Professor Mordechai Kremnitzer, top criminal law expert and one of the
leaders of the Israel Democracy Institute wrote (Hovel and Linder-Gantz, 2014): [xxx]
Conduct of the State Prosecution in the Zadorov case is scary When one
adds to that the position of the Supreme Court and conduct of the Attorney
General in recent years, we are left with a justice system, which is
primarily protecting itself.
6. The Security Apparatus and the Cyber Community
Israel is reputed for its cutting edge IT technology and its cyber warfar capabilities.
Critical e-government systems are purportedly safeguarded by the security apparatus.
The Shin-Bet Act (2002) specifically charges the Shin-Bet with the safeguard of
procedures and institutions of a democratic regime. However, the Authorization of
Public Entities' Security Act (1998), which was updated over the years, today excludes
from the Shin-Bets charge key state institutions, which are critical for a democratic
regime, e.g., the courts, Knesset, Central Election Committee, prisons.
In recent years, a Cyber Authority was established with no clear foundation in the law.
Media report that various duties and responsibilities, relative to state IT system security
were transferred from the Shin-Bet to the Cyber Authority. Consequently, PM Netanyahu
consolidated his control over all critical e-government systems - by his own permission
(Duek, 2016). [xxxi]
In relationship with the Cyber Authority, two state-funded Cyber Security Research
Centers were established over the past year in two leading public academic institutions
the Technion and the Hebrew University. Head of the Technions Center adamantly
refused to comment on evidence of integrity and security failures in Israeli e-government
systems. On the other hand, Head of the Hebrew University Center informally confirmed
the lack of integrity of Israeli e-government systems, attributing such state of affairs to
the Shin-Bets involvement.
7. The Israel Bar Association and the legal profession
The Israel Bar Association and the legal profession should be generally viewed central to
such fraudulent practices. The Israel Bar Association acts as an agency of Comsign LTD
issuing electronic signatures and invalid software to members of the Bar for electronic
filing and receipt of court records. Furthermore, the Israel Bar Association was the
complainant in the Judge Varda Alshech Fabricated Protocols scandal (section 5.1).
However, the Bar demanded no system-wide corrective measures regardless of the
Ombudsman of the Judiciarys decision (2012), which detailed the manner in which
judges routinely perpetrate Fraud Upon the Court by issuing unsigned, sham/simulated
electronic decision and judgment records.
8. Evolution of the Shin-Bet-Judiciary power sharing
Analysis of e-government in Israel provides an alternative narrative regarding the nature
of the regime. Transformation of the regime, which was accelerated and made more
explicit by implementation of e-government, had been in progress for at least a couple of
decades. However, analysis of e-government is unique in the incontrovertible evidence
which it provides, and the clear way in which it exposes the key players and key events
in this process (Zernik, 2016b). [xxxii]
9. Accompanying socio-economic changes
The changes in Israeli government, outlined above, have been accompanied by notable
socio-economic transformation as well: Public corruption has become rampant, and
public trust in the political system in general, and in the justice system in particular, has
plummeted. Former president, former prime minister, former cabinet ministers have
been indicted, prosecuted, convicted and imprisoned. However, law enforcement appears
to be arbitrary and selective, possibly politically motivated. In particular, Shin Bet,
judges, senior state prosecutors, senior police officers are not held accountable, even
when caught in flagrant criminal conduct. A recent European survey found that only 22%
of Israelis believe that judges in Israel do not take bribes. A 2009 report by the US
Ambassador to Israel, which was published by Wikileaks, is titled, Israel: Promised Land
for Organized Crime? The report describes collusion between organized crime and state
agencies in Israel. [xxxiii]
During most of the past two decades, Israel's economy has continued to demonstrate
healthy growth. The same period has seen rapid growth in poverty, propelling Israel,
formerly a welfare state, to the first place in relative poverty rate among OECD nations
with a large gap in wealth distribution. [xxxiv]
Other notable concomitant developments include increasingly centralized government
control of media, total digital monitoring, suppression of dissent, social protest and
whistle-blowers through collusion between the courts and law enforcement. US
corporations and US agencies also collude in this process (e.g., Facebook, Google, DHS).
[xxxv] Gag orders by the courts (with accompanying gag orders, prohibiting the publication
of the fact that gag orders were issued) have increased more than three-fold over the
past fifteen years. They are often used to suppress reporting on subjects that are
embarrassing to the authorities, in particular the security apparatus and the judiciary.
Conditions, which have been established in Israel defy the Universal Declaration of
Human Rights (1948), the International Covenant on Civil and Political Rights (1966), and
the Hague Apostille Convention (1961).
The narrative propagated by the judiciary for the same period is entirely different:
Presiding Justice of the Supreme Court Aharon Barak (1995-2006) launched a
Constitutional Revolution (in a nation with no constitution), establishing the supremacy
of Human Rights in Israel. [xxxvi] Another narrative, propagated by the legal profession is
that the Israeli justice system has experienced decrease in formalism and increase in
values. [xxxvii]
In contrast, a recent media report leaked a Facebook chat among senior legal scholars,
where they candidly debunked such narratives, describing a total jungle in the courts,
where judges, including Supreme Court justices, routinely disregarded both the facts and
the law in adjudicating cases before them. Such scholars lamented that teaching the law
had become challenging or impossible under such circumstances (Maanit, 2016). [ xxxviii]
The narrative propagated by the Shin-Bet is most notable in the documentary The
Gatekeepers (2012). A critic described it as follows (Debny, 2012): [ xxxix]
a documentary history of the country told from the point of view of its internal
security chiefs, is both honest and saddening They are all hyper-patriots who
would do anything to save Israeli lives and to preserve the Jewish state They are
all learned, sober guys
10. Discussion and conclusions
The current review of e-government in Israel leads to the conclusions that the transition
to e-government in Israel was abused by state agencies, corporations and individuals to
undermine lawful government and the rule of law. The profound implications of such
abuse range from budget and socio-economic management to the fundamentals of
Human Rights. It also questions the lawful authority of the current Knesset and the
current governing coalition in view of evidence of lack of integrity in the Central Election
Committee and allegations of computer fraud in the 2015 general election. Overall, such
process should be viewed as loss of social contract and/or unannounced regime change.
Specifically:
The authenticity and validity of any government record, originating in the State of
Israel, should be deemed dubious. Nations, who are parties to the Hague Apostille
Convention (1961), should re-assess any faith and credit, which they accord to Israeli
judicial records.
Correction of such developments would require long-term, fundamental public
education and massive public pressure. It is likely to be resisted by the powerful
beneficiaries of the newly established system, including judges, the security
apparatus, corporations and others. A Truth and Reconciliation Commission may be
required, in order to address conduct of senior state officers, particularly judges.
In our era [computer] Code is Law (Lessig, 2000). [ xl] Yet, the implementation of e-
government systems often undermines the fundamental principles of Separation of
Powers and Publicity of the Law. No court should be permitted to develop and
implement its own IT systems. IT experts should assume a key role in the safeguard
of Human Rights and Civil Society in the Digital Era.
Online Appendix
Zernik, Joseph. E-government in Israel - Transformation into the Post-Truth Era. Appendix
including additional references and online links to the references.
https://www.scribd.com/document/335857709/
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