Human Rights Alert (NGO)

Joseph Zernik, PhD "

PO Box 33407, Tel Aviv, Israel 6133301 ",33407 "
Fax: 077-3179186 Email: joseph.zernik@hra-ngo.org

2017-02-06 Shin-Bet Implicates Central Election Committee in serious

computer fraud - and where have the Supreme Court justices been all along?
One is hard pressed to find a reasonable explanation, except for serious fraud, for conduct
of three office holding attorneys in the Central Election Committee: Orly Adas CEO, Elad
Naveh FOIA Officer, and Dean Livneh Legal Advisor. Another state employee
Operations Manager Lazar Dudovich is suspected as key figure in computer fraud in the
Committee. The series of Supreme Court Justices, who served during the corresponding
years as Chairs, should be deemed incompetent, corrupt, and/or perpetrating breach of
loyalty. However, the Supreme Court Justices also routinely engage in similar conduct in IT
systems of the Supreme Court itself, and senior judicial officers oversaw the development,
implementation and operation of Net-HaMishpat fraudulent IT system of the district and
magistrate courts. The case at hand is of particular interest, since it presents role reversal
Shin-Bet is acting to protect the Rule of Law and alerts the public against serious violations
of the law by justices and attorneys Such circumstances may be related to the recent
establishment of the National Cyber Authority, which undermined the Shin-Bets power
and authority. There is no chance of honest investigation of the case by law enforcement,
or of holding anybody accountable since Attorney General Avichai Mandelblit is notorious
for shielding criminality by senior state officers of all government branches In short: A
constitutional crisis in a nation with no constitution. In view of the circumstances,
temporary, focal measures should be taken immediate preparation for paper
administration of the next general election, and invitation of professional international
observers.

\
Figure: Attorney Orly Adas CEO of the Central Election Committee in a promotional
photograph prior to the 2015 general election, in front of a roomful of computers.

1/10
 Figure: PM Benjamin Netanyahu with departing Shin-Bet Head Yoram Cohen and
incoming Shin-Bet Head Nadav Argaman in May 2016.
____
OccupyTLV, February 06 response letter was received by email yesterday from the
Prime Ministers office, [1] pertaining to inquiry with Shin-Bet Head Nadav Argaman.
[2] The inquiry asked that the Shin-Bet Head to confirm or refute a FOIA response by
the General Election Committee, which stated that Shin-Bets Reem (Data Security
Authority) examined and certified the Committees IT systems. [3]
The Shin-Bet refutes the Central Election Committees statement that Shin-
Bet examined and certified the Committees systems
Yesterdays response letter from the Prime Ministers office on behalf of the Shin-Bet,
effectively refutes the Committees statement.

2/10
Figure: Left FOIA response by the Central Election Committee says, The system was
examined and certified by the [Shin-Bet/Reem Data Security] Authority. Right
yesterdays response on the inquiry with Shin-Bet Head Argaman says: The Shin-Bet is
neither the Committees guiding authority, and therefore nor its systems certifying
authority.
____
There is no doubt that such two responses by government agencies are inconsistent
and contradictory
Following receipt of the response on the inquiry with Shin-Bet Head Argaman, repeat
inquiry was emailed, asking for a hand-signed paper response given the ongoing
problem with authentication of Israeli government electronic records. [4] Today,
response was promptly received by email, stating that a paper copy was indeed mailed
out.
Already upon receipt of the Committees FOIA response, it was deemed false and
misleading. Therefore, objections and request for corrections was filed with the
Committee already then. Now, following the receipt of the response on the inquiry with
the Shin-Bet, the Committee was asked to provide a corrected FOIA response without
further delay. [5]
US and Israeli publications claim large-scale computer fraud in the 2015
general election
3/10
The FOIA request was filed on the Central Election Committee following publications,
which claimed serious computer fraud in the 2015 general election:
Daily Kos, the US-based blog, was the first to publish such claims, days after the
election. Daily Kos is an influential blog, which was reputed as close to the
Obama White House. The publication was attributed to a retired US diplomat.
However, it was likely to be a guise, and it was unlikely that such person had the
necessary access and knowledge (including language).

Figure: US publication in Daily Kos immediately following the 2015 general election.
[6]
_____
A few weeks later, Attorney David Levi (a colorful character now criminally
prosecuted for NIS 17 million embezzlement from the Tax Authority, for who he
executed collections of tax liabilities), published similar data in Israel.
Consequently he also filed a petition with the Supreme Court, which was
summarily denied for lack of standing.

Figure: One of the publications in Israeli by Attorney David Levi, which claimed
computer fraud in the 2015 general election. [7]
______
The similarity between the data, which published in the US and in Israel, and the
similarity in the mode of presentation raise the presumption that they both originate in
4/10
the same source. Since Attorney David Levi makes no secret of his relationship with
the Shin-Bet, one can presume that some in the Shin-Bet leaked the data, which were
the source of the publications both in the US and in Israel.
Even prior to the Shin-Bets response, the Committees FOIA response was
deemed fraud.
The FOIA request on the Central Election Committee sought documentation that IT
systems of the Committee had been developed, examined, are operated and secured
in compliance with the law and binding state standards. The Committees FOIA
response included almost 200 pages. [3] Moreover, it was clear that three (3)
attorneys were involved in its drafting:
a) Attorney Elad Naveh FOIA Officer;
b) Attorney Orly Adas CEO, and
c) Attorney Dean Livneh Legal Advisor.
Immediately upon receipt and examination of the FOIA response, it was deemed false
and misleading serious fraud by senior legal professionals in the State service.
Therefore, reply was consequently sent to the Committee. The reply detailed objections
to the FOIA response, and asked for response within 14 days. [3] The Committee has
not responded to this date.
And yet, the FOIA response provided interesting information:
a) The FOIA response purported that integrity of the systems (and with it
integrity of the 2013 and 2015 elections) depended almost entirely on a single,
previously unknown state employee Lazar Dudovich. However, regardless of
the explicit FOIA request, certifications by Mr Dudovich of the systems integrity
and security were not provided with the FOIA response.
b) Absent the requested documentation, the FOIA response stated: The system
was examined and certified by the [Shin-Bet/Reem Data Security] Authority.
Such statement was immediately suspected as fraud.
Supreme Court Justices, who served as Committee Chairs incompetent
and/or corrupt
By law, a Supreme Court justice serves as Chairman of the Central Election Committee.
Following is the list of justices, who served in such capacity since 2004 (approximate
date of initiation of development of Democracy IT system of the Central Election
Committee):

Jacob Turkel

5/10
Dorit Beinisch

Eliezer Rivlin

Ayala Procaccia

Miriam Naor

6/10
Elyakim Rubinstein

Salim Joubran

Esther Hayut
______
Therefore, the nature of conduct of these justices in their capacity as Chairs of the
Committee begs for questions The answer is relatively clear: Such justices should be
deemed incompetent, corrupt, and/or in breach of loyalty.
One should recall that the Supreme Court justices engage in routine fraud and
perversion of court records in the Supreme Courts IT system as well (since 2002).
Moreover, Supreme Court presiding justices and judges, who are Directors of
Administration of Courts (first and foremost former Presiding Justice Aharon Barak and
former Director of the Administration of Courts Boaz Okon) oversaw during the 2000s
first decade the development of a new fraudulent case management system Net-
HaMishpat - for the district and magistrate courts.
Therefore, misprision or collusion by justices of the Supreme Court in computer fraud in
the Central Election Committee is not inconceivable.

7/10
Moreover, Nadav Argamans predecessor was similarly inquired: Notice was sent of
inside breach of security of the Supreme Courts IT systems in March 2002, which was
followed by large-scale perversion and/or falsification of electronic records. The
response, provided then by the Prime Ministers office on behalf of the Shin-Bet was the
same: Shin-Bet was not responsible for security of the Supreme Courts IT systems.
It should be noted that in both cases the Central Election Committee and the
Supreme Court - the corresponding agencies (the Committee and the Administration of
Courts) refused to answer on FOIA requests: Who was charged with security of their IT
systems.
Large-scale fraud in e-government in Israel unannounced regime change
Already the UN Human Rights Council Professional Staff Report for the 2013 UPR of the
State of Israel notes: Lack of integrity in electronic record systems of the Supreme
Court, the district courts and the detainees courts in Israel.
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.
The public at large hardly understands the critical significance of the safeguard of
integrity and security of e-government systems. In that respect, the suspected fraud in
the Central Election Committee serves a purpose it is plainly evident to all what its
consequences are likely to be.
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 is possible that conduct of the Shin-Bet in this case in general, and the Shin-Bets
yesterdays response in particular, represent the unhappiness of the Shin-Bet with
recent reorganization. It involved the establishment of a National Cyber Authority
under PM Netanyahu, and the transfer of duties and responsibilities for IT systems,
which had previously been vested exclusively in the Shin-Bet, to the new agency.
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.
There chances of true investigation and law enforcement in this case under
Attorney General Avichai Mandelblit are slim
Already the evidence, so far discovered, raises serious concerns of criminality by
attorneys, who are key officers of the Central Election Committee: CEO Orly Adas, FOIA
Officer Elad Naveh, and Legal Advisor Dean Livneh. Operations Manager Lazar
Dudovich is a suspect as well.
8/10
However, it is obvious that the chances of true investigation and law enforcement in
this case are slim. Past experience shows that Attorney General Avichai Mandelblit
routinely overlooks criminality by senior state officers of all branches of government.

Figure: A routine Saturday night demonstration in front of the residence of Attorney

General Avichai Mandelblit, protesting the failure to enforce the law on corrupt senior
officers of the various branches of government.
____
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. Inter alia 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
9/10
[1] 2017-02-05 Shin-Bet response in re: IT systems of the Central Election Committee //
: "
[2] 2017-01-16 Allegation of computer fraud in the 2015 general election Request for
clarification of Shin-Bet standing relative to the Central Election Committees IT
systems filed with Shin-Bet Head Nadav Argaman//
" 2015

https://www.scribd.com/document/336684213/
[3] 2017-01-12 Reply on FOIA Response (1/1214/16) by the Central Election
Committee, in re: IT systems //
( 1/1214/16)

https://www.scribd.com/document/336535271/
[4] 2017-02-05 Reply on Shin-Bet response in re: IT systems of the Central Election
Committee - request for a paper, hand-signed response//
, : "
-
[5] 2017-02-06 Repeat urgent request for corrections Central Election Committees
FOIA Response (1/1214/16), in re: Committees IT systems development, validation,
operation, security //
( 1/1214/16)
, , ,
[6] 2015-03-22 Israel: "massive late-evening jumps in voter turnout as evidence of
fraud"
http://www.dailykos.com/stories/2015/3/21/1372472/-Israel-massive-late-evening-
jumps-in-voter-turnout-as-evidence-of-fraud
[7] Election Fraud (2015) the increase in Likud voters does not match the voters
turnout, as published by the Central Election Committee
" -(2015)

https://davidleviadv.blogspot.co.il/2016/06/2015_7.html

10/10
Human Rights Alert (NGO)
Joseph Zernik, PhD "
PO Box 33407, Tel Aviv, Israel 6133301 ",33407 "
Fax: 077-3179186 Email: joseph.zernik@hra-ngo.org

2017-02-05 Shin-Bet response in re: IT systems of the Central Election Committee

: "
The Shin-Bet denies that claim by the Central Election Committee that Shin-Bet
examined and certified IT systems of the committee, which are deemed fraudulent.
However, the Shin-Bet response letter from the Prime Ministers office is
unsigned reference number is unusual, body of the email message included no text
at all
" "
" . ,
" , ,
...
[]

# Record
1. Transmission data
2. English translation of attached letter
3. Hebrew original attached letter

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2/3
2. English translation of attached letter

Prime Ministers Office

[Coat of Arms, State of Israsel]
Public Affairs Department
February 05, 2017
Ref: 709361

To
Joseph Zernik, PhD
By email: joseph.zernik@hra-ngo.org

Dear Sir:
RE: IT systems and 2015 general election
Your January 16, 2017 inquiry with the Shin-Bet

Towards that 2015 election, the Shin-Bet consented to an inquiry by the Central
Election Committee and assisted the Committee by general advise regarding
their IT systems data security.

Shin-Bet is not the Committees guiding authority, and therefore it is neither the
certifying agency for the Committees systems.

Respectfully,
[unsigned]
Sigal Malka
Deputy Head Public Inquiries Wing

3 Kaplan St. Hakirya, Jerusalem 9195017, Israel. Tel: 972-3-8981616, Fax: 972-2-5605000
Pmo.heb@it.pmo.gov.il

3/3

Prime Minister's Office

Public affairs Department

' ,"
10971 ,
709361 :

"
joseph.zernik@hra-ngo.org

: 0971
" 78 0971

,0971 "
.

" .

' , 93 - 87 99696 : 90 - 1891 999 : ' , 3 , 979 19 71

3 Kaplan St. Hakirya, Jerusalem 9195017, Israel. Tel: 972-3-8981616, Fax: 972-2-5605000
Pmo.heb@it.pmo.gov.il
Human Rights Alert (NGO)
Joseph Zernik, PhD "
PO Box 33407, Tel Aviv, Israel 6133301 ",33407 "
Fax: 077-3179186 Email: joseph.zernik@hra-ngo.org

[]

February05,2017

NadavArgaman,HeadofShinBet
PrimeMinister'sOffice
BenGurionCity,BuildingC
Jerusalem91950
Byfax:025605000,andbyemail:PMOH@pmo.gov.il,sigalM@pmo.gov.il

RE:YourFebruary05replyoninquiry,inre:ShinBetandCentralElection
CommitteesITsystems
Ref:129385
Yourresponsewithin14daysiskindlyrequested.

DearMrArgaman:
ThankyouverymuchtheFebruary05,2017reply,[1]onmyJanuary16inquiry,[2]inthe
matter,referencedabove.
However,theletter,whichwasreceivedtodaybyemailunderthenameofMsSigalMalka
wasunsigned.
GivenongoingproblemswithauthenticityofStateofIsraelelectronicrecords,Ikindly
requestthatahandsignedletterbemailedtomypostofficebox,addressprovidedabove.
Truly,

JosephZernik,PhD
HumanRightsAlert(NGO)
OccupyTLV
CC:
Activists,Others
Attachments/Links:
Below
_________________________________________________________________________
2017 , 05

"

,
91950
PMOH@pmo.gov.il,sigalM@pmo.gov.il : "02-5605000 -

" : ,2017 , 05 :

129385 :
. 14
1/2
 ,
05 [1] ,2017 , 16 [2] , .
, , " , .
,
, , , .
,

'
Human Rights Alert - NGO
"

:
,
:
[1]20170116Allegationofcomputerfraudinthe2015generalelectionRequestfor
clarificationofShinBetstandingrelativetotheCentralElectionCommitteesITsystemsfiled
withShinBetHeadNadavArgaman//
2015"

https://www.scribd.com/document/336684213/
[2]20170205ShinBetresponseinre:ITsystemsoftheCentralElectionCommittee//
" :
https://www.scribd.com/document/338470859/

2/2
2017-02-06 Response on behalf of the Shin-Bet on request for a signed, paper response on the
original inquiry.

Dear Joseph,
Pursuant to your request, a paper copy was also mailed to you by Israel Post.
Have a nice day,
Sigal Malka

-------- Original Message --------

RE: " : ,2017 , 05

Subject:

Date:2017-02-06 8:48 am
From:PMO HEB <PMOH@pmo.gov.il>
To:"'joseph.zernik@hra-ngo.org'" <joseph.zernik@hra-ngo.org>

. ,