Signature Act (2001) And/or The Justice, Technology, Information Authority From The

Human Rights Alert (NGO)
Joseph Zernik, PhD

"
PO Box 31440, Jerusalem 91313, Israel; jz12345@earthlink.net ; 91313 ,31440 "
Digitally signed by
Joseph Zernik
DN: cn=Joseph
Zernik, o, ou,
email=jz12345@e
arthlink.net, c=US
Date: 2012.05.20
20:27:50 +03'00'
12-05-20 Annual Reports of the Registrar of Certifying Authorities, pursuant to the Electronic
Signature Act (2001) and/or the Justice, Technology, Information Authority from the
official web site of the Authority, and related Government Decisions.
The records were downloaded from the official web site of the Justice, Technology, Information Authority on
May 20, 2012. The records provide evidence of conduct by high-level government officers of the Ministry of
Justice, which should be deemed honest services fraud and a material security breach of the electronic
records of the State of Israel.
Source: http://www.justice.gov.il/MOJHeb/ILITA/Pirsumim/Dohot.htm
Significance
The Registrar of Certifying Authorities holds a critical position in the integrity of government, akin to
the Keeper of the Seal in the digital era.
As detailed in the enclosed Protocol No 19 of the November 23, 2009 Hearing in the Knesset Science
and Technology Committee:
Effectively, only one Certifying Authority has been established in Israel: ComSign, Inc.
Per ComSigns CEO, the companys three central clients are the Israeli Securities and
Exchange Authority, the Ministry of the Treasury, and the Ministry of Defense.
The Publishing House of the Israeli Bar Association is a subcontractor for ComSign, and it
issues certified digital signatures to Israeli attorneys for electronic filing in the Israeli courts.
Lawful appointment of a Registrar of Certifying Authorities
The Electronic Signature Act (2001) prescribes that a Registrar of Certifying Authorities be appointed,
ranking as a District Judge.
However, in a recent Freedom of Information response, the Ministry of Justice named Attorneys
YORAM HACOHEN and AMIT ASHKENAZI as co-equal Registrars of Certifying Authorities, first
appointed on August 28, and September 19, 2011, respectively.
The Freedom of Information was also incomplete, since it failed to provide either specific legal
reference for the appointment records, or the requested appointment records themselves. Furthermore,
the response remained questionable, since it was unclear that the law permitted the simultaneous
appointment of two Registrars of Certifying Authorities.
The Freedom of Information was also inconsistent with the records, enclosed below, which provide
evidence that:
Attorneys YORAM HACOHEN and AMIT ASHKENAZI, jointly or separately, usurped the
office of Registrar of Certifying Authorities in years prior to their purported appointment in
2011, according to the Freedom of Information response.
Attorney YORAM HACOHEN stated in a 2011 hearing before the Knesset, that he was
barred from engaging in enforcement relative to the Electronic Signature Act (2001), due to a
Conflicts of Interest Agreement, and that therefore, only Attorney AMIT ASHKENAZI was
permitted to engage in enforcement. Such statement by HACOHEN appears contradictory to
z Page 2/5
May 20, 2012
the statement regarding equal authorities of the two attorneys in the Freedom of Information
response.
The enclosed records provide no evidence that either Attorney YORAM HACOHEN or
Attorney AMIT ASHKENAZI has ever been appointed District Judge, or equivalent.
Filing of Annual Reports

The Electronic Signature Act (2001) prescribes that the Registrar of Certifying Authorities file an
Annual Report. However, the Justice, Technology, Information Authoritys web site lists only three
reports (2007, 2008, and 2009) of the Registrar of Certifying Authorities, since the effective date of
the Act in 2001.
Attached:
#
Record
1.
2.
12-05-20 Home page of Annual Reports, Justice, Technology, Information Authority

08-02-05 (February 5, 2008) Annual Report of the Registrar of Databases for 2006-7
Dated (p 1) March 29, 2007;
Signature box (p 6) by Attorney Yoram HaCohen, Registrar of Databases.
The Report states in the signature box: (p 6) The original is signed by certified electronic signature;
The Report states on p 1, 3: In early November 2006, the Government approved the
appointment of the undersigned as Registrar [Rasham Magistrate Judge, jz] (Decision #629 of
the 31st Government).
06-11-05 Government No 31, Decision No 629 Approval of the Appointment of Director of the
Legal Authority for Technology and Information and Protection of Privacy, and Appointment of
Registrar for Databases
The online rendering is unsigned, published on an insecure server, and bears a disclaimer, The
binding version of Government Decisions is the one maintained with the Government Secretary.
The online rendering cannot be deemed a public legal document.
Attorney Yoram HaCohen was appointed Registrar of Databases, pursuant to the Protection of
Privacy Act (1981)
No mention is made in Decision No 629 of the Registrar of Certifying Authorities or the Electronic
Signature Act (2001).
08-05-01 (May 1, 2008) Annual Report of the Registrar of Databases for 2007
Signature box (p 21) by Attorney Yoram HaCohen, Registrar of Databases;
No visible graphic, electronic signature, or reference to either in the signature box (p 21);
The Report states on p 1, 1: I respectfully submit the Annual Report, pursuant to the Privacy
Protection Act (1981), Article 10a, to the Council for Protection of Privacy;
No mention of the Electronic Signature Act (2001).
08-05-05 (May 5, 2008) Annual Report of the Registrar of Certifying Authorities for 2007 to the
Minister of Justice and Knesset Science and Technology Committee
Dated (p 1) May 5, 2008;
Signature box (p 1) by Attorney Amit Ashkenazi, Registrar of Certifying Authorities;
No visible graphic, electronic signature, or reference to either in the signature box (p 1).
The Report states on p1, 1: The undersigned was appointed on January 10, 2007, Registrar of
Certifying Authorities, pursuant to the Electronic Signature Act (2001). The legal reference for
the January 10, 2007 appointment is missing from the statement, and no such Government Decision
was found in the online database of Government Decisions.
The Report states on p1, 1: Pursuant to the Government Decision 4660 (hc/195) of January 19,
2006, pertaining to the establishment of the Justice, Technology, Information Authority, the Registrar
of Certifying Authorities was incorporated into the Authority.
06-01-19 Government Decision No 4660 Re: Establishment of the Legal Authority for Information
and Privacy Protection Technologies
The Decision states that the activity of the Registrar of Certifying Authorities is incorporated under
the new Authority.
3.
4.
5.
6.
Page
#
05
06
14
15
39
57
z Page 3/5
May 20, 2012
The Decision does not appoint a Registrar of Certifying Authorities.

09-07-21 (July 21, 2009) Annual Report of the Justice, Technology, Information Authority for
2008
Dated (p 1) July 20, 2009;
Signature box (p 2) by Attorney Yoram HaCohen, Director of the Justice, Technology, Information
Authority ;
No visible graphic, electronic signature, or reference to either in the signature box (p 2).
The Report states on p1, 1: The Justice, Technology, Information Authority (the Authority) was
established, pursuant to Government Decision 4660 of January 29, 2006 The Decision instructed
the incorporation of three positions into the Authority: 2. Registrar of Certifying Authorities,
pursuant to the Electronic Signature Act (2001);
The Report states on p1, 2: The capacity of Registrar of Certifying Authorities is performed by
Attorney Amit Ashkenazi
No mention is made of the date or the legal reference of the purported appointment.
The Section: Annual Report of the Registrar of Certifying Authorities (p 14-24) includes neither a
separate signature box, nor explicit mention of its author.
The Introduction to the Annual Report of the Registrar of Certifying Authorities (p 15), states: The
Electronic Signature Act (2001) (hereinafter in this Chapter the Act). Later, the same section
states: Pursuant to the Act, a Registrar or Certifying Authorities was appointed. However, the
Registrar of Certifying Authorities is not defined as the Registrar, while all later reference is to
Registrar as such, which may also mean a Magistrate Judge. Later, the same section states: The
Current Registrar, Attorney Amit Ashkenazi, was appointed on January 10, 2007, with no reference
to the formal name of the position, no reference to the authorizing law, and no reference to the name
of the January 10, 2007 record.
8. 09-12-09 (December 9, 2009) Protocol No 19 of the November 23, 2009 Hearing in the Knesset
Science and Technology Committee, during which the Annual Report of the Registrar of
Certifying Authorities for 2008 was presented
The Transcript is qualified (header, p 1) unedited version.
The Transcript (p 1) dates the hearing at November 23, 2009
The Transcript names as the official reporter an employee of a private agency.
The Transcript is unsigned.
The Agenda (p 1) is: 2008 Annual Report of the Justice, Technology, Information Authority,
Chapter: Electronic Signature. No direct reference to Annual Report of the Registrar of Certifying
Authorities.
In attendance: Attorney Yoram HaCohen, [bold added jz] Director, Justice, Technology,
Information Authority, Ministry of Justice; Attorney Amit Ashkenazi, [bold added jz] Legal Counsel
and Registrar of Certifying Authorities, Ministry of Justice; various senior and corporate officers.
The Transcript says (p 5):
Yoram HaCohen: At this stage I would like to transfer the baton to Amit, for presenting our regulatory
activity. Since no similar hearing was conducted last year, we will effectively cover the actions of two
years. Given my Conflict of Interest Agreement, I do not engage in direct regulatory activity, and
the person who in fact engaged in the conduct is Amit, and he can present it. [bold added jz]
Chairman Meir Shitrit: Are you skipping the issue of Databases?
Amit Ashkenazi: Yes
Chairman Meir Shitrit: Why?
Amit Ashkenazi: Because the requirement for reporting to the Science [and Technology jz]
Committee pertains to electronic signature.
Ashkenazi is not listed in the protocol with any title, only by first and last name.
Ashkenazi does not refer to the specific authority and prescription by which he is reporting to the
Committee.
Amit Ashkenazi: The Act intends to certainty of legal transactions, which are executed
electronically. The method, establishing the legal validity and evidentiary standing of the signature
Zeev Shetah: [ComSign CEO jz] We have three central clients. The first is the Securities and
Exchange Authority. The second is the Ministry of the Treasury. The third is Ms Efrat Amram,
Deputy of Zeira in the Ministry of Defense. [bold added - jz]
7.
59
87
z Page 4/5
9.
May 20, 2012
11-03-28 (March 28, 2011) Annual Report of the Justice, Technology, Information Authority for
2009
Addressed to the: i. Knessets Constitution, Law, and Justice Committee, ii. Knessets Economics
Committee, iii. Knessets Science and Technology Committee, iv. Minister of Justice Yaakov
Neeman.
Signature box (p 1) by Attorney Yoram HaCohen, Director of the Justice, Technology, Information
Authority ;
Visible graphic signature of Attorney Yoram HaCohen in the signature box (p 1).
The cover letter (p 1) says: 4. As in the previous year, the Report covers the full range of matters,
which the Authority engaged in 2009.
The Report does not include any reference to an individual, who is appointed at that time Registrar
of Certifying Authorities.
The copy list does not include any individual named Registrar of Certifying Authorities.
The Table of Contents (p 3) state: i. Report of the Registrar of Certifying Authorities Electronic
Signature Act (2001) - page 32
The Report of the Registrar of Certifying Authorities (p 33 -38) shows neither the name, nor authority
of the author.
There is no signature box for the Report of the Registrar of Certifying Authorities (p 33 -38)
The Report of the Registrar of Certifying Authorities says: (p 33) 1.3 The Registry of Certifying
Authorities includes today only one certifying authority, ComSign Inc [bold added jz]. During 2009
several inspections were conducted, to ascertain the correction of deficiencies, which had been
discovered in 2007 and 2008.
The Report of the Registrar of Certifying Authorities says: (p 33) 2.2.2 Additionally, inspections were
conducted in the publishing house of the Israeli Bar Association [bold added jz], which had been
authorized by Registrar of Certifying Authorities to act as a Registrar for ComSign Inc [bold added
jz]. The inspections revealed gaps between the approved procedures and commitments and the
situation in practice.
The Report of the Registrar of Certifying Authorities says: (p 35) 2.3.1.1 In 2009, the Authority
contracted Dr Benny Pinkas [today - Bar Ilan University, bold added jz], Haifa University, an
Encryption Expert, for recommendations regarding algorithms and parameters for algorithms for
electronic signatures. The recommendations were published by the Authority for public comment on
August 3, 2009.
Section starting page 206, unrelated to the Electronic Signature Act (2001), Prof Adi Shamirs
[bold added jz] Proposal in re: Data Protection in the Biometric Database.
10. 12-05-20 ComSign, Inc corporate information from the corporate web site
119
325
LINKS:
12-05-16 RESHUMOT: Guidelines of the Registrar of Certifying Authorities, pursuant to the Electronic Signature
Act (2001) s
http://www.scribd.com/doc/93777110/
12-04-29 Freedom of Information response (T/17) by the Ministry of Justice, in re: Registrar of Certifying
Authorities, pursuant to the Electronic Signature Act (2001)
12-05-16 Reply on Freedom of Information response (T/17) by the Ministry of Justice, in re: Registrar of Certifying
Authorities, pursuant to the Electronic Signature Act (2001)
01-00-00 Electronic Signature Act (2001) and the Registrar of Certifying Authorities - Regulations, Annual
Reports, Knesset Protocols
12-05-16 PRESS RELEASE: Are there two, one, or zero, lawfully appointed "Keepers of the Seal" of the State of
Israel?
12-05-17 Table Summary: Are there two, one, or zero lawfully appointed Keepers of the Seal of the State of
Israel?
z Page 5/5
May 20, 2012
1. 12-05-20 Home page of Annual Reports, Justice, Technology, Information Authority
The page of the Justice, Technology, Information Authority of the Ministry of Justice lists the
following six records under Annual Reports:
1. 05.02.08 (February 5, 2008) Annual Report of the Registrar of Databases for 2006-7.
2. 05.01.08 (May 1, 2008) Annual Report of the Registrar of Databases for 2007.
3. 05.05.08 (May 5, 2008) Annual Report of the Registrar of Certifying Authorities for 2007
to the Minister of Justice and Knesset Science and Technology Committee.
4. 21.07.09 (July 21, 2009) Annual Report of the Justice, Technology, Information Authority
for 2008.
5. 09.12.09 (December 9, 2009) Protocol of the November 23, 2009 Hearing in the Knesset
Science and Technology Committee, during which the Annual Report of the Registrar of
Certifying Authorities for 2008 was presented.
6. 28.03.11 (March 28, 2011) Annual Report of the Justice, Technology, Information
Authority for 2008.

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Human Rights Alert (NGO)

Joseph Zernik, PhD

May 20, 2012

Filing of Annual Reports

12-05-20 Home page of Annual Reports, Justice, Technology, Information Authority

May 20, 2012

The Decision does not appoint a Registrar of Certifying Authorities.

May 20, 2012

May 20, 2012

1. 12-05-20 Home page of Annual Reports, Justice, Technology, Information Authority

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