Wednesday, May 16, 2012

12-05-16 Are there two, one, or zero, lawfully appointed "Keepers of the Seal" of the State of Israel?

The law prescribed in 2001 the appointment of a Registrar of Certifying Authorities for electronic signatures.  Over the next decade several individuals possibly held the office - "Keepers of the Seal".  However, public records of legal semblance, originating in the government of the State of Israel, including, but not limited to the recent Freedom of Information response by the Ministry of Justice, are inconsistent and/or contradictory on who held the office, and when.  Most of the "Guidelines" of the Registrar, are published undated, and with no named individual as their author. 
The findings regarding the conduct of the office of the Registrar of Certifying Authorities, and previously documented conduct of the office of Chef Clerk of the Supreme Court of the State of Israel, should raise concerns regarding the integrity of any public legal records, originating in the courts and justice system of the State of Israel.  Under such conditions, the financial system should be deemed at risk as well.
[]           []
Sir Nicholas BACON, Lord Keeper of the Great Seal;  The author's visible digital signature.
Jerusalem, May 16 - "It is part of a consistent pattern of corruption of the electronic records of the State of Israel," says Joseph Zernik, PhD, of Human Rights Alert (NGO)

Human Rights Alert's (NGO) recent submission for the Universal Periodic Review (UPR) of Human Rights in Israel is narrowly focused on "Integrity, or lack thereof, in the electronic records of the courts of the State of Israel". [1,2]
As part of the submission, requests were filed, pursuant to the Freedom of Information Act (1988) (FOIA) regarding various aspects of certification and authentication of legal public records.  Today, Human Rights Alert has released the response by the Ministry of Justice, on request for the appointment records of the Registrar(s) of Certifying Authorities, pursuant to the Electronic Signature Act (2001).[3,4]  The response denied the request, claiming that the information was published in Reshumot (the official Register of the State of Israel). 

However, the FOIA response failed to provide the specific references in Reshumot.

Moreover, the response named only two appointments for the entire period since the signing of the FOIA in 2001:

  • August 28, 2011 - No Registrar
  • August 28, 2011 - Attorney Yoram HaCohen appointed Registrar, and
  • September 19, 2011 - Attorney Amit Ashkenazi appointed Registrar (without subtracting from the authority
[of- jz] Attorney Yoram HaCohen).  [It is unclear that the Act permits the simultaneous appointment of two Registrars- jz] In his reply today to the Ministry of Justice, Dr Zernik notes that the information provided by the Ministry of the Justice, was inconsistent or contradictory of other public records of legal semblance:
  • ReshumotGuidelines of the Registrar of Certifying Authorities, names Atty Dror Aram, as Registrar in 2003 and 2004,
  • ReshumotGuidelines of the Registrar of Certifying Authorities, shows Guidelines by unnamed Registrars in 2004, 2009, 2010[6]
  • Annual Report of the Registrar of Certifying Authorities2007 [7] lists Atty Amit Ashkenazi as the Registrar of Certifying Authorities. appointed on January 10, 2007
  • Annual Report of the Justice, Information, Technology Authority, 2008  [7] describes departmental reorganization, following which, no individual was named as appointed Registrar of Certifying Authorities.
  • Undated Press Release (December 13, 2009?) lists enforcement action re: ComSign, as the last by the Registrar of Certifying Authorities Atty Amit Ashkenazi and notes his then recent replacement by Atty Yoram HaCohen
The response by the Ministry of Justice also raises concerns regarding the integrity and the authority of the official Register of the State of Israel (Reshumot).

Both the Ministry of Justice and the Administration of Courts refuse to answer on the related question:
Were any electronic signatures and certifying authorities, , pursuant to the Electronic Signature Act (2001), implemented in the Supreme Court of the State of Israel? 

Guideline
 2-2010, published by an unnamed Registrar of Certifying Authorities, in part states:
Pursuant to Article 18(d) of the Act... a Certifying Authority should use 'Only valid, reliable hardware and software systems' "
In contrast, the Guidelines of the Registrar of Certifying Authorities, like other Reshumot records, are published on a server, whose identity is not verified.  Moreover, none of the electronic records, published as "Guidelines of the Registrar of Certifying Authorities", bears a valid, visible electronic signature, pursuant to the Electronic Signature Act (2001), and most of the Guidelines are published undated, with no name of their author.

An undated press release by the office of the Registrar of Certifying Authorities in part says: [9]
According Attorney Amit Ashkenazi [bold in original – jz]: “The Registrar of Certifying Authorities enforces the registration and oversight regarding activities related to the issuance of electronic records, in order to provide the public assurances regarding this important service…
The unreliable nature of the documents, originating in or pertaining to the Registrar of Certifying Authorities, resembles the nature of documents, originating in or pertaining to the Chief Clerk of the Supreme Court. The Human Rights Alert 2012 UPR Submission documents the unreliable nature of records, originating in the Supreme Court of the State of Israel, the district courts and the detainees courts. [1,2]
The Human Rights Alert 2012 UPR Submission concludes that "The validity of any legal public records, originating in the courts of the State of Israel should be re-assessed;"

"The findings should raise concerns regarding stability of the financial system in the State of Israel," states Dr Zernik.  Data from the ongoing financial crisis in the United States show that corruption of electronic records in mortgage underwriting, banking regulation, registration services, and the courts are central to the crisis. [10]
The Human Rights Alert 2012 UPR Submission recommends that major efforts should be made to address what amounts to a constitutional crisis in a nation with no constitution:
1.       The electronic records systems of the courts should be examined and repaired by Israeli computing/legal experts, under accountability to the legislature.
2.       A Truth and Reconciliation Commission should be established relative to events surrounding the 2002 death of Supreme Court Chief Clerk Shmaryahu Cohen and the role of the judiciary in implementation of the invalid, false and deliberately misleading electronic record systems in the courts; 
3.       No court of any nation should be permitted to develop and implement its own electronic record systems.

The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was reviewed by the HRC professional staff and incorporated in the official HRC Professional Staff Report with a note referring to “corruption of the courts and the legal profession and discrimination by law enforcement in California.”  
___________LINKS:
[1]
 
12-05-10 Human Right Alert's 2012 State of Israel UPR Submission: Integrity, or lack thereof, in the electronic record systems of the courts of the State of Israel s
http://www.scribd.com/doc/92826212/
[2] 12-05-10 Human Right Alert's 2012 State of Israel UPR Appendix to Submission: Integrity, or lack thereof, in the electronic records of the courts
http://www.scribd.com/doc/82927700/
[3] 12-04-02 Freedom of Information request on the Ministry of Justice, in re:: Registration of Certifying Authorities and certified electronic signatures in the Supreme Court of Israel, if any, pursuant to the Electronic Signature Act (2001) s
http://www.scribd.com/doc/87760449/ 
[4] 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)
http://www.scribd.com/doc/93744878/ 
[5] 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)
http://www.scribd.com/doc/93744969/ 
[6] 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/ 
[7] 01-00-00 Electronic Signature Act (2001), Regulations, Annual Reports, Registrar of Certifying Authorities s
http://www.scribd.com/doc/87679609/ 
[8]  12-05-10 Human Right Alert's 2012 State of Israel UPR Appendix to Submission: Integrity, or lack thereof, in the electronic records of the courts of the State of Israel (Table 1 - Freedom of Information requests, filed on the Administration of Courts and the Ministry of Justice, and failure to respond)
http://www.scribd.com/doc/82927700/ 
[9] Undated Notice of enforcement action by Registrar of Certifying Authorities Attorney Amit Ashkenazi. 
http://www.justice.gov.il/MOJHeb/News/2011/KnasKaspi.htm 
[10] 11-08-01 Zernik, J: Fraud and corruption in the US courts is tightly linked to failing banking regulation and the financial crisis, 16th World Criminology Congress presentation
http://www.scribd.com/doc/61351562/
___________Joseph Zernik, PhDHuman Rights Alert (NGO)
The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was reviewed by the HRC professional staff and incorporated in the official HRC Professional Staff Report with a note referring to “corruption of the courts and the legal profession and discrimination by law enforcement in California.” 
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