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General News    H3'ed 2/15/17

Shin-Bet implicates the Central Election Committee in serious computer fraud

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Joseph Zernik
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Report, which was presented and published in the 2014 European Conference on E-government, subject to double peer-review (due to its unusual content) was titled: "New fraudulent IT systems in the Israeli courts: Unannounced regime changes?"

Report, which was submitted for the 2017 European Conference on D-government is titled: "E-government in Israel -- transformation into the Post-truth Era". The report reviews fraud in Israeli e-government in the various branches of government.

Shin-Bet and the justice system: The case at hand is exceptional, perceived as role reversal"

The case at hand is unusual. The Shin-Bet appears loyal to the law of the State of Israel. Moreover, it appears to alert the citizens against serious fraud and breach of loyalty by state officers - attorneys and judges.

This is not the typical state of affairs. The Kav 300 affair and the Rabin assassination affair showed the Shin-Bet operating above the law and the justice system.

It should be noted that the Shin-Bet Act (2002) charges the Shin-Bet with protection of "procedures and institutions of democratic regime" - similar to the Secret Service in the US. However, the General Security Procedures Act (1998) in its updated form excluded the Shin-Bet from security of IT systems of key state institutions, such as the courts, the Knesset, the Central Election Committee, Ministry of Justice, Police, Prisons, etc.

Moreover, the role of the Shin-Bet in IT system security has been drastically crippled with the recent establishment of the National Cyber Authority.

It is possible that conduct of the Shin-Bet in this case in general, and the Shin-Bet's response regarding the Committee in particular, represent the unhappiness of the Shin-Bet with recent reorganization. According to media, the reorganization was implemented with inadequate legal foundation. It was also reported to result in unreasonable direct access and control by PM Netanyahu to a large array of critical IT systems. It is possible that the Shin-Bet felt it necessary to alert the public to its diminished duties and responsibilities.

Constitutional crisis in a nation with no constitution

Phenomena such as massive fraud in the justice and law enforcement systems, and the clear suspicion of a large-scale fraud in the Central Election Committee should be deemed "Constitutional Crisis". They raise serious concerns regarding the lawful authority of the current Knesset (parliament) and the ruling cabinet, headed by PM Netanyahu. However, there is no Constitution in the State of Israel.

Temporary focal corrective measures for the next general election: paper administration and international observers

Absent real solution for the problem at hand, the Israeli public should press for temporary, focal corrective measures for the next general election, whose date is always an unknown (in view of coalition crises).

Such measures may include the return to paper administration of the general election. The Netherlands plan similar measures for the March 2017 general election, out of concerns regarding security and reliability of electronic administration of the general election.

Additionally, Israeli authorities should invite international observers, for example, from the Organization for Security and Co-operation in Europe (OSCE), and its (Office for Democratic Institutions and Human Rights. The Office specializes in observing various national elections.

LINKS

[ 1 ] Zernik, J., Computer fraud in the 2015 election in Israel? Shin-Bet Head Nadav Argaman is asked to clarify

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Dr Zernik's core research pertains to e-government and its significance for Human Rights and Civil Society.

His work won appreciation in Israel and abroad: * Prof Uzzi Ornan - "All power to you! I hope that you see your tremendous efforts (more...)
 
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