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Concern: New wiretapping system malfunction causes tampering with evidence | Israel Hayom

2023-05-28T03:34:54.989Z

Highlights: A new wiretapping system of the Israel Police, which recently came into use, made partial recordings and allegedly harmed ongoing investigations and criminal cases. The malfunction was not reported to Minister Ben-Gvir, who threatens not to sign the confidentiality certificates that allow the system to be kept confidential. The legal implications of the system's failures on evidence remain unclear and may disrupt criminal proceedings. The Israel Police said: "Technical bugs" were brought to the attention of the State Attorney's Office the Ministry of Justice.


A new espionage storm is stirring the system, after allegedly damaging ongoing investigations and criminal cases • The malfunction was not reported to Minister Ben-Gvir, who threatens not to sign the confidentiality certificates that allow the system to be kept confidential


A new wiretapping system of the Israel Police, which recently came into use, made partial recordings and allegedly harmed ongoing investigations and criminal cases. Following the malfunctions, the State Attorney's Office sent many letters to the defense attorneys, informing them of the problematic operation.

Recently, a series of consultations were held at the Ministry of Justice and the Israel Police regarding the legal implications of the system's failures on improperly recorded evidence, implications that are still unclear. National Security Minister Itamar Ben-Gvir informed the police commissioner and attorney general that if the malfunctions recur, he would stop signing the confidentiality certificates that allow the system to be kept confidential.

A system fraught with malfunctions

In June 2022, the Israel Police began operating a classified wiretapping system, which replaced an older system. This is a means that is supposed to record phone conversations of criminal suspects, in accordance with permits given by court orders.

In contrast to the spyware system exposed in the Calcalist newspaper and determined in the Marari report, the team investigating wiretapping of communications between computers, that there were cases in which it operated illegally, there was legal authority here to operate the new system. But two months after it began operating, it became clear that it was fraught with malfunctions, and that it had made partial recordings of conversations that were partly essential for ongoing criminal investigations, and in some of which formed the basis for indictments that had already been filed.

Adv. Amit Marari, Photo: Yossi Zamir / GPO

As noted, the State Attorney's Office sent letters informing the defense attorneys that wiretapping software was used against their clients that operated improperly. The legal implications of the system's failures on evidence remain unclear and may disrupt criminal proceedings.

They didn't bother to update the ministers

The malfunctions in the system began during the period parallel to the NSO and spyware storm, which was published in Calcalist. Although the issue was at the heart of the public discourse at the time, and in fact has not been removed from it to this day, the enforcement system did not update the ministers of public security on the matter – neither the previous Omer Bar-Lev nor the current one, Itamar Ben-Gvir. Only recently, when the letters were sent to the defense attorneys, did an enforcement official update Ben-Gvir on the matter.

In response, the minister sent an angry letter to Police Commissioner Kobi Shabtai and Attorney General Gali Bahar-Miara, in which he wrote: "It was my duty to update me when the system was discovered." He protested that even though he had held a meeting with Deputy Attorney General Amit Marari and senior police officials, they had not informed him of the malfunctions.

, Minister of National Security Ben-Gvir. Photo: Oren Ben-Hakon

"I am holding a discussion about the findings of the Marari report with sources in the police and the Justice Ministry, and it turns out to me that at that very time, officials were aware of the malfunctions in the system and did not bother to update me," Ben-Gvir wrote. This was a recent meeting attended by the minister, senior police officials and Deputy Marari, which dealt with another system - Pegasus. In the letter, Ben-Gvir announced that if the malfunctions are not fixed, he will stop signing the confidentiality certificates that protect the system and its operation.

A response letter from the Justice Ministry said that the system was in the process of being repaired, and that the minister should have received an update on police actions from the organization under his responsibility. Ben-Gvir replied that he should continue to be updated on the matter, and that even if additional malfunctions were discovered, he would stop signing the confidentiality certificates.

Police: "Technical bugs"

The Israel Police said: "In June 2022, a new wiretapping system was implemented, replacing an old one. As part of the process of absorption and implementation of the system, a small number of technical bugs were raised, which were brought to the attention of the State Attorney's Office and the Ministry of Justice.

"The Israel Police, in cooperation and coordination with the State Prosecutor's Office, is working to reduce and correct technological bugs. The system has been examined and validated by the competent authorities, and its use has been done lawfully."

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Source: israelhayom

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