Last week Israel amended its Computer Law to bring it in line with the Budapest Convention on Cybercrime. The Knesset created a new Section 6 to replace the old one. The new Section 6 makes it a crime to write or distribute software to infiltrate another's computer or or cause that computer to print false information, or whose purpose is to infringe on another's privacy or conduct eavesdropping even without actually causing harm or interference with the compromised system. It also tracks the Budapest Convention in requiring intent for the crimes listed in Section 6.
I couldn't find an English translation of the Computer Law online, so I am providing a translation that I (and Google) made after the jump.
For articles on Israel's Computers Law see this by Ruth Levush who apparently is the Law Library of Congress' Israel law expert, and an article called Computer Legislation: Israel's New Codified Approach from 1996 written by one of the law's drafters, Miguel Deutch, but not freely available online, and here and here for articles relevant to this topic. Bear in mind, however, that all of these sources in addressing Section 6, are addressing the old Section 6.
I couldn't find an English translation of the Computer Law online, so I am providing a translation that I (and Google) made after the jump.
For articles on Israel's Computers Law see this by Ruth Levush who apparently is the Law Library of Congress' Israel law expert, and an article called Computer Legislation: Israel's New Codified Approach from 1996 written by one of the law's drafters, Miguel Deutch, but not freely available online, and here and here for articles relevant to this topic. Bear in mind, however, that all of these sources in addressing Section 6, are addressing the old Section 6.
Computers Law- 1995
Chapter 1- Definitions
Definitions
1. In this Act -
"ComputerMaterial" – means software or information;
"Computer"- means a device that runs software to perform arithmetic or logical processingof data, and peripheral devices, including Computer systems, but excluding ComputerAssistive Devices;
"ComputerAssistive Device" - means a Computer that can perform arithmeticcomputation only, and actions involved in carrying out such operations [i.e. acalculator];
"Information"- means data, signs, concepts or instructions, except for software, expressedin Machine Readable Language, and stored on a Computer or other storage medium,provided the data, signs, concepts or instructions are not intended solely foruse on a Computer Assistive Device;
"Information"- means data, signs, concepts or instructions, except for software, expressedin Machine Readable Language, and stored on a Computer or other storage medium,provided the data, signs, concepts or instructions are not intended solely foruse on a Computer Assistive Device;
"Output"- means data, signs, concepts or instructions, which are produced, in any way,by a Computer;
"MachineReadable Language" - means a form of expression suitable for delivery,interpretation or processing by a Computer or Computer Assistive Device only;
"Software"- means a group of instructions expressed in Machine Readable Language, thatcan cause a Computer to function or perform an action, and is embodied, stampedor marked on the device or object, by electronic, electromagnetic,electrochemical, electro-optic or other means, or it is inherent or united withthe Computer in some way or separate from it, and the foregoing only if notintended for use solely on a Computer Assistive Device.
Chapter 2- Computer Crime
Disruption or Interferencewith a Computer or Computer Material
2. One who performs any of thefollowing acts is liable to three years imprisonment:
1. interferes with the properoperation of a Computer or interferes with its use;
2. deletes Computer Material,makes any changes to it, otherwise disrupts or interferes with its use.
False Information or False Output
3. (a) One who performs any ofthe following acts is liable to five years imprisonment:
1. transmits to another orstores on a Computer False Information or performs any act regardingInformation such that the result will be False Information or False Output;
2. writes Software, transmits softwareto another or stores Software on a Computer, such that the result of its use willbe False Information or False Output, or use of a Computer for the purposes ofusing such Software.
(b) In this section, "False Information"and "False Output"- means Information or Output that can bemisleading, depending on the purposes of their use.
Illegal Intrusion into Computer Material
4. Unlawfully intruding on ComputerMaterial found on a Computer, is liable to three years imprisonment; for thispurpose, "Intrusion into Computer Material" – means intrusionby communication or connecting with a Computer, or by operating it, butexcluding Intrusion into Computer Material that is considered eavesdroppingaccording to the Eavesdropping Law - 1979.
Intrusion into a Computer System in orderto Commit Another Offense
5. Whoever commits an actprohibited by section 4 of in order to commit an offense under any law, otherthan under this Act shall be liable to five years imprisonment.
Prohibited Acts Regarding Software
6. (a) A person whoprograms Software to unlawfully perform any of the acts listed below shall beliable to three years imprisonment:
(1) disrupt the properoperation of a Computer or interfere with its use;
(2) delete Computer Material,cause a change to it, disrupt in any other way or interfere with its use;
(3) perform actions that resultin False Information or False Output, as defined in section 3(b);
(4) Intrusion into Computer Material,as defined in section 4, which is located on the Computer;
(5) Eavesdropping, as definedin the Eavesdropping Law- 1979;
(6) violation of privacy asdescribed in section 2 of the Protection of Privacy Law- 1981.
(b) One who distributes or offers to thepublic, transfers to another, intrudes onto another's computer or installs onanother’s Computer a password, access code or similar data in order to unlawfullyperpetrate any of the acts specified in subsection (a), shall be liable tothree years imprisonment.
(c) One who distributes or offers to thepublic, transfers to another, intrudes onto another's computer or installs onanother’s Computer, Software or a device capable of performing any of the actsspecified in subsection (a), in order to unlawfully perpetrate any of thoseacts, shall be liable to five years imprisonment.
Chapter 3- Torts
Damages for Torts
7. An action from the actionslisted below is a tort under the Torts Ordinance [New Version], and theprovisions of this Ordinance shall apply to him –
1. unlawful interference with theuse of a Computer or Computer Material, in any way, including by theft of anitem that embodies Computer Material;
2. deleting Computer Material,or causing any unlawful variation or disruption thereof in any other way.
The Burden of Proof
8. For an action brought underthis chapter, the defendant must adduce evidence that the act in question was performedlegally.
Compensation
9. Compensation shall not begranted for an action brought under this chapter, unless it is proved that thedamage was caused by the negligence of the defendant.
Chapter 4- Legislative Amendments
I. Law of Evidence
Amendment to the Evidence Ordinance - No.11
10. In the Evidence Ordinance[New Version], 1971, Chapter 2 -
(1) Article V -
(a) in the title, the words "BankRecords" shall be replaced with "Institutional Record";
(b) instead of sections 35and 36 shall be inserted:
"Definitions
35. In this section -
"LegalProceeding" – means civil or criminal proceedings before a court,where evidence can be brought;
"Institution"- means the state, local authorities, businesses or anyone who provides serviceto the public;
"Business"- means including occupation;
"Output"- is as defined by the Computer law 1995;
"InstitutionalRecord" - means a document, including output, which was conducted bythe institution during the normal operation of the institution;
"BankingCorporation" – is as defined under the Banking (Licensing) Law 1980,and including the Bank of Israel.
Admissibility of InstitutionalRecords
36(a). Institutional Records will beadmissible evidence to prove the authenticity of its contents in any legalproceedings, if all the following conditions are met:
(1) the Institution records, during the courseof its regular administration, the event that is the subject of the recordshortly after it occurs;
(2) the method of data collection and entryof the record attest to the veracity of the contents of the record;
(3) if the record is output – it must also beshown:
(A) the method of production of the record issufficient to indicate its reliability;
(B) the institution employs, on a regularbasis, reasonable safeguards against intrusion into Computer systems and fromdisruption to the Computer’s operation.
(b) If the record is Output, for the purposesof subsection (a)(1) the date of the entry of the facts that serve as the basisfor the Output, shall serve as the date of preparation of the record.
(c) The provisions of subsection (a) shallnot apply to records held by the authorities responsible for the investigationor prosecution of criminal proceedings and produced during the course of acriminal proceeding by such authority. The provisions of this subsection shall notinvalidate or restrict the submission of such records, if they may be submittedin accordance with the provisions of section 39B.
(d) For evidence accepted under this section,the counterparty will be entitled to cross-examine witnesses who were summonedby him to testify, in order to refute the evidence, if those witnesses are connectedwith the party producing the evidence.";
(c) Section 37 - will be deleted;
(d) Section 38 shall be replaced with:
"Freedom from Coerced Submission ofInstitutional Records of a Banking Corporation
38. In legal proceedings to which the bank isnot party, the bank shall not be compelled to produce Institutional Records, whosecontents are verifiable under this section, or to testify regarding transactionsor accounts that are registered in the Institutional Records, except by aspecial court order."
(e) In section 39 –
(1) the heading shall be replaced with"Permission to Examine the Institutional Records of a Banking Corporation ";
(2) in subsection (a), the words "thatare in the banking book" shall be replaced with "that are part of an InstitutionalRecord of a bank";
(3) in subsection (b), in place of the words"the bank" shall be the words “the Banking Corporation” and "tothe bank" shall be replaced with the words "to the BankingCorporation" and the word "instruction" shall be removed.
(f) after section 39 shall be inserted:
"Expert Opinion
39A. If the Output is an opinion on science,research, art, knowledge of a professional or a medical nature, it will not beadmissible as evidence, unless submitted in accordance with the provisions oflaw applicable to the submission of evidence in these matters.
Saving of Laws
39B. (a) The provisions of this section willnot cure evidence that is inadmissible for a different reason, other than therule prohibiting hearsay, and will not invalidate or restrict the submission ofevidence that it is acceptable under these rules or under any other law.
(b) In this section and section 39A, "law"shall include decided law.”
(2) Article VI –
(a) after section 41 shallbe inserted:
"Copy of an InstitutionalRecord
41A. The contents of an Institutional Record may beproven by a photocopy of the record.
Status of the Output
41B. For the purposes of this section, Outputthat is an Institutional Record shall not be considered a copy of the document onwhich it was based, but as an original."
(b) in section 42, the words “this section”shall replace the phrases "section 41" and “the aforementionedsection”.
II. Search and Seizure Law
Amendment of Criminal Procedure Ordinance(Arrest and Search) - #6
11. In the CriminalProcedure Ordinance (Arrest and Search) [New Version], 1969 –
(1) Article 1 –
(a) in the definition of "object",the words "or animal" shall be replaced with "Computer Materialor animal."
(b) after the definition of"object" shall be inserted:
""Computer "," Computer Material"and "Output" – shall be as defined in the Computers Law- 1995."
(2) After section 23 shall be inserted:
"Intrusion into Computer Material
23A. (a) Intrusion into Computer Material andproducing Output in the course of such intrusion, shall be regarded as a Searchand shall be made by personnel trained for such operations; for this purpose, “Intrusioninto Computer Material” shall be as defined in section 4 of the Computers Law-1995.
(b) Notwithstanding the provisions of thischapter, a Search under subsection (a) may not be undertaken except by order ofa judge according section 23, specifying explicitly the permissible Intrusioninto Computer Material or the production of Output, as applicable, and the Searchconditions and goals.
(b) Receipt of information fromcommunications between Computers during the course of a Search under thissection shall not be deemed eavesdropping under the Wiretapping Law- 1979."
(3) of section 32 –
(a) Subsection (b) will be marked (c), and thewords "this section" shall replace "subsection (a)";
(b) after subsection (a)the following shall be inserted:
"(b) Notwithstandingthe provisions of this chapter, a Computer or anything that constitutes ComputerMaterial, if it is used by an institution as defined in section 35 of theEvidence Ordinance [New Version], 1971, shall not be seized except according toa court order; an order given not in the presence of the owner of the Computeror Computer Material, shall be granted for not more than 48 hours; for thispurpose Shabbat and holidays shall not be taken into account; the court mayextend the order after the owner has been given an opportunity to be heard."
Chapter 5- Regulations
Regulations
12. The Minister of Justice is responsiblefor implementation of this Act and may, with approval by the KnessetConstitution, Law and Justice Committee, make regulations on anything relatingto its implementation.
Effect
13. This Act shall come into effect threemonths after its publication.
This translation is licensed under a Creative Commons Attribution 3.0 Unported License.
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