Amid criticism, cabinet set to vote on panel to probe police use of spyware

Jul 28, 2023

Despite criticism by the attorney general, police and security officials, the government on Sunday was set to vote on establishing a commission of inquiry to probe the alleged illicit use of spyware by law enforcement.

Hebrew-language media reported Saturday that Levin intends to bring his proposed committee for cabinet approval at the next meeting on Sunday and that it will be formed within a month.

Prime Minister Benjamin Netanyahu will not participate in the vote due to his conflict of interest in the matter over his ongoing graft trial, according to the reports.

Justice Minister Yariv Levin announced in July that he would establish the commission to look at the use of spyware tools in the wake of allegations of abuse. The inquiry will include a probe into the deployment by police of a tool similar to the powerful, Israeli-made Pegasus, which enables access to cell phones, including covertly listening in on conversations.

On Tuesday, Attorney General Gali Baharav-Miara warned Levin that the commission must not examine ongoing or pending cases that may impact the judicial process.

In particular, she said the commission must not examine Netanyahu’s corruption cases as it could lead to a conflict of interest. The unstated implication was that spyware may have been used by the police and/or the state prosecution in gathering material related to the charges against Netanyahu.

Netanyahu, who is on trial in three corruption cases, denies any wrongdoing and accuses police, the prosecution, and the media of a witch hunt against him.

Levin said it was “unthinkable” and “outrageous” that Baharav-Miara would involve herself in the matter, as the Attorney General’s Office is itself likely to be examined by the commission.

According to the Ynet news site, the Shin Bet security agency and the National Security Council are opposed to the formation of the committee, fearing “operational secrets” could leak.

Meanwhile, police, who had used spyware tools until they were mostly taken away following an interim report that looked into allegations of misuse, warned that the new committee would only make things worse.

“Police under a committee is the last thing we need in these difficult days and while fighting crime, especially in the Arab community,” a police official told Ynet, referring to a major deadly crime wave in the Arab community which police have struggled to contain in recent months.

“Such a committee will stall the restoration of the technological tools for many more months. The committee will cause a difficult situation in the SIGINT division, in terms of the fact that people will have to hire lawyers,” the official added.

Though sources close to Levin were quoted by the Yisrael Hayom daily as saying police would have no issue using spyware to combat crime in the Arab community.

“The establishment of the committee in no way delays the use of the tools. This is a story that was invented as a shameful attempt by police to prevent its establishment. It was specifically agreed that we would not wait for the committee and allow the police to act according to what the attorney general allows according to the law,” the sources were cited as saying.

There have been persistent accusations that police had access to a watered-down version of NSO Group’s Pegasus spyware, known as Saifan, which allowed them to access Israelis’ phones.

In early 2022, the Calcalist newspaper reported, without providing evidence or citing sources, that dozens of high-profile Israeli figures — including former ministry directors, prominent business figures, and family members and associates of Netanyahu — were spied on by police using Pegasus spyware without any judicial oversight.

Investigations by police and an interim report by Deputy Attorney General Amit Marari found Calcalist’s reporting to have been largely incorrect, with none of the 26 people supposedly hacked having actually been targeted by police.

Still, the Marari report determined parameters under which spyware could be used to prevent misuse. The use of spyware by police was largely frozen, except in certain cases and with the approval of the attorney general.

Hebrew media reported Saturday that another Israeli spyware company, Paragon, which had been in negotiations with police to sell its software, suspended its contacts amid the planned committee.

“As long as there is an investigation concerning the conduct of the police, during which future guidelines will be made concerning comprehensive regulations of the operation of the tools, as well as the mechanisms of supervision and control over them, the management of the company has decided to suspend the contacts,” the letter, issued to the head of police’s cyber division, said according to Hebrew media.

In announcing the commission in July, Levin said he would seek the government’s approval to give the commission investigative powers “to review the conduct of the police, the State Attorney’s Office and their supervisory systems, in all matters relating to the procurement, monitoring, and collection of information using cybernetics tools against citizens and office holders.”

Levin’s commission of inquiry will submit its conclusions within six months after first convening, his office said.

The commission will be headed by retired judge Moshe Drori, a former vice president of the Jerusalem District Court and a vocal critic of the State Attorney’s Office.

Drori is a staunch supporter of the government’s plan to overhaul the judiciary and previously voiced strong criticism of former attorney general Avichai Mandelblit, who oversaw the indictment against Netanyahu.

The Herzliya-based spyware firm NSO Group has been on a US government blacklist since last year.

The firm’s flagship spyware, Pegasus, is considered one of the most powerful cyber-surveillance tools available on the market, giving operators the ability to effectively take full control of a target’s phone, download all data from the device or activate its camera or microphone without the user knowing.

The company has been under fire over the alleged use of its spyware technology by authoritarian regimes to carry out human rights abuses. It insists its product is meant only to assist countries in fighting crime and terrorism.

As The Times of Israel’s political correspondent, I spend my days in the Knesset trenches, speaking with politicians and advisers to understand their plans, goals and motivations.

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