Elections, online manipulation and cyber threats: Justice Hanan Melcer on Israel’s 2019 Elections

Elections, online manipulation and cyber threats: Justice Hanan Melcer on Israel’s 2019 Elections

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And. Pleasure. All. These. Have. A. Major. Practice. As a practitioner. And. Has. Rayul. He is also for. The last two. And a half years. The. Chairman. Of Israel's. Central, Election Commission, which runs very differently, but, as a practical matter that. He. Ran. A. Major. Election. System. He. Was. The. He. Was the sole, legal. Decider. On, questions. Of election, law as things were about and as. We'll hear today. Israel. Which went through election. TV. Really. Saw. Everything. We saw in. Our election cycles, and then, somewhat much that we will likely see in the next few years and. To. Have someone who is in the thick of it, have. Someone who has will, here at the judicial. Courage. To. Face. Is. An inspiration. On a simple class here, doing, law and thinking about the possibility. Of offering, a genuinely, independent. So. We're. In. Bangla. Distinguished. Participants and. The, scene guests it. Is my honor to, be here today and speak, to, you, and. I thank you very much for. The invitation and, for the attendance, I. I. Decided. To. Dedicate this. Lecture, today in. The memory of, Chief. Justice, may ocean guard who. Passed away on last. Friday and this, funeral. Was. Held yesterday. Open. Obviously, I could, not attend. But. I cherish, his. Legacy. He. Was a legal, giant, and the. Master, of. National. Security. Law which. Is. Connected. To the. Issues. We, will discuss today. So. Let's God and. We. Chose. His. Memory. Now. Before, I start my. Lecture, I have. A warning. Point. I. Whatever. I say, here is. Not. As. A. Representative. Of the, Supreme Court, all of, the Central. Election Committee. And. As a matter of faith whatever. I'll tell you is, not. Necessarily even binding me, and. I'll tell you a story about that a real, story when. Before, I was. Justice. Of Supreme Court I had. Their law firm and I argued, many cases, before the Supreme Court, and once I had. A, court, case and it. Was before the, Chief. Justice a Hollenbach and I, told my, client, that we. Are going hopefully. To win the case because, I found an article of, Professor, on but when was in academia, and, I. Based, my, argument. On his, article, and. His. Article, really, was. In our favor and, then, we came before.

The Code and, professor. Barak, read all the, written the. Material. That I presented to, him say, you know you, quote. A lot a lot. Paragraph. Of my article, I wrote. It about 15, years ago and in. The meantime I, have changed, my mind. You. Know you can understand. That, you. Know I lost all the blood, and. Went from, my head to my feet. And then. He. Made. Another. Statement, he said you, have the chance to persuade. Me that my. My. Previous. Understanding. Of the method was, right and not my. Existing. View. So. So. Really. I tried. And sucks, and successfully. I, succeeded. But. You. Have to understand that if any, issue will come before me and then you argument, that I didn't think about will. Come up I'm not. By, bound. By my, own. Ideas. Here. Now. As. A, matter of fact in. 2019. About. 50%. Of the Democratic. World and the quasi democratic. Rule went. For elections, just. Baked India. Which. Is more. Than 1, billion, people. Canada. That we had elections. At the end of. This weekend. Brazil. All. The, European, countries, for the European, Parliament and, Switzerland. Last. Week and. In. Usual twice and as, you know in. Israel. We. The. First. Elections. Which, were held, on. April. April because the, Prime Minister, decided. To, call. For early, elections and. Then he couldn't form the government so he called. For another election so, we had two election. Campaigns. And election, elections. In usually just in. 2019. Now. I have to tell you that due, to the fact that in. 2019. They're, worse. If. You don't hear I would speak out. We. Had two elections. But the first one was in April, in. All those issues that I speak today. About. We. Were. Probably, the, first one to have those, elections and that is why all, the world, looked, at what is going on on our, issues. In, Israel, and from. Them and whatever. We did was. Other. Countries. In the world so. It. Just just. Happened like that. Now. As. I, see here many familiar, faces in. The. Closed. Session, that we had from the morning I, have. Had. To, explain the elect, electoral. System, in Israel but I see, that there are many, many Israelis, here so, I don't, have. To. Describe. The Israeli. Election. System in Israel and beside that professor. Bentley has asked me to go right into, the. Examples. That I. Talked. About in. The closed session so. You. Requested my commands and I'll. Go. Just. To the to, the point and I, try, to describe. You, part. Of my. Experience. In handling. Two. Election. Campaigns. In Israel by the way. It's, a precedent, that a, Supreme. Court justice is handing to, election. Campaigns, but because there. Was such a small. Difference. In, time, between the. One election and the other one I was reelected, by, the justices. Of the Supreme, Court to run, the second. The. Second elections as well as the. First one and, I, declared, after. Elections. That if there'd be a third round, I'm not, going, to do it anymore so. Everyone. Has to know when, to retire. So. I made. That declaration now. What, I'll do I'll try. To describe. You for, decision. Of a. Oh. Me. In, my, capacity as. The. Chairman, of the. Central. Election, Committee, of Israel, and as, a matter of fact you have to understand as a chairman. Of the, Central. Election Committee I have three, basic, functions, one. Is to, be, the let's. Say the chairman, of the. Committee, and, it. Was decided by the founding. Fathers when. The State, of Israel was established with. The. Supreme. Court justice, who will be. Chosen. By all. Members, of the, Supreme Court will, chair the, election. The Central, Election Committee, use, of the fact that, the. Founding. Fathers Kuhlman, couldn't. Agree on any other person. Butcher. Election. Central, election committee, and so it goes on from, the moment. The state. Of result was established, in 1948. So, the first function. Is to, be the, chairman, of. The. Central. Election Committee, and in, this capacity. I. I have, to. -. I'm. Functioning. As the chairman of a board and, the. Board is the. The. The. Committee. Which is composed, of. 34. Representative. Of all existing, parties, in the. Knesset. Then. And. I, have, also, a. CEO. And, a, very small staff, that. Regularly. Is. Composed, of about 30, people but, once. Elections. Are declared, it. Goes, up and at. The end at the day of the elections, we employ all together. 100,000. People you. Have to understand, 100,000. People if, you, compare, it to any other. Action. There. Is not any, other action. In this so in so huge in the civil. Life. Of Israel and you, just can't compare it to to, the army and. It's. A very much. Like. To. Operate about. 5. Divisions. Or 3 coats or five, six divisions, and three coats so and then. On. This function I'm I'm. Doing. The job of the, chief of staff now ii. Ii. Ii. Function. Is to. Decide, on all legal, matters and there, i have to decide, on, those matters.

Exclusively. Because, all. The other members, of the, committee. Are, political. Members. And. So. Those matters, I decide. Exclusively. Of course. Any. Decision. That I make it. Can be. Attacked. In the Supreme Court. And. People. And parties are using this, possibility. I hope, as. A matter of fact in in. Those two. Elections. There. Were many petitions. Against me but. None. Of the petition. Was accepted, against, President. Because in, all the previous. Elections. The, some, of these petitions, were accepted, so that's another, precedent. Then. The. Third function which. Is a new, function and. It. Is a lesson, of what happened in the United States in the. 2016. Elections. And in other places in. The world is, to, try. To stop. Phone. Intervention. And to, deal with and to handle with, propaganda, over the. Over. The, social. Networks so. The, third, function. Was, something, that never. Ever occurred, in the past and, it. Was a new challenge that I had, to. Struggle with. Now. I devoted, my, time about. 50% to the administrative. Functions about 25%. To the. Judicial. Functions. And 25%. To. The security. Methods, and, you have to understand that at, the beginning, I didn't. I didn't, even, I. Didn't, I couldn't even tell, anyone that I'm working on the security. Matters so I was sitting in the court as regularly, and in. The late afternoons, and in night overnight. I said. With all the security and, the. Intelligence, agencies, to prepare ourselves for, the. Third mission. Just, after the elections. Were declared, then, in. A. Neutral, decision, with the, security. Agencies. We, published, a and notice. For, the to the public about, it now, in any case I'm not going to go, into detail to. Details about the, security, matters from. Obvious, reasons, but. What. I will, do and, give you for, I'll describe for, decision, of the. Of. The two, elections, one. Eight three of them from. The first lacking. Campaign and the first. One of, the last. Election, campaign and, then. I'll, have. To hear. Comments. From. Professor, neva. Ellen, crane which. Helped me a lot to. Understand. The. New, era of. Social. Networks. And the. Involvement. Of the, security. Organizations. And really. She is the expert in news right so I consulted. Many people but, she. Helped me a lot in those matters and I think, for. That, so. She will make comments and the banker will make comments and, then it, would be I'll take your questions, I tell. You, right. From the beginning that I listen to all your questions but, some. Of the questions I am. Not sure I'll be able to to, answer not, that I will not be able to answer but. You. Can understand, that if, you will ask me to, delicate questions.

I Apologize. That you, will, have to understand that I can't. Answer. Those questions okay now I'm coming, to the first case the. First case. Was. In. The first election. You. Have to understand we have a propaganda. Law which, was enacted in 1959. And, it. Covers many many. Topics. With which, we're, very. Innovative. In ninety in the late. 50s. And 60s, but. It, doesn't. Cover at all the. Social, networks, then, no one even. Went. About. The internet okay. So before. The elections, were, declared, there, was an initiative, Englishness. In, the parliament, to apply. The. The. Propaganda. Law of, 1995. 1959. To, the, social networks. Some. Of the parties. Really. Were. Willing, to to. Have, this. Provision. To. Pass. This provision. Some, of them were neutral, but, the Likud Party blocked. The initiatives. So. After, the elections. Were where. Were. Declared. A. Lawyer. And an NGO. Filed. A petition to, me asking. Me to. Judicially. Decide, that. The. The. Election. The. Provisions. Of the existing, law will, apply to social. Networks, and in, the existing. Law there is a provision saying that. The. Period, of the. Elections, no. Ads can. Be. Published. Anonymously. But. You should in every, ad in. Billboards. And in. The page. Newspapers. You, should say who, stands behind the earth so. The. Petition. Said I, should. Apply this. This. Provision. Into. On the social, networks. Now. I had I made a theory and as. A matter of fact. It. Was almost. It. I was almost. Ready. To dismiss, it because it was theoretical. There was no, in, any, actual. Case. Before me, but. Then you know I say, sometimes. That everyone, has to help to. Have his luck how. Does just. A day after the hearing. And. Suddenly. On. All bill bottom in usual there was an anonymous a. Saying. In. The air there, were four very. Famous journalists. With. Their faces. And their, names saying, you, the boater have to decide who, will decide for you those, four journalists, or youth, the, water okay. And it was published, anonymously. Now. The. Same ad was, published, in, the. Social. Networks just the same a and, then. The, petitioners. Who, understood, it in.

The Hearings they didn't have any. Hard. Facts. -. Based. On, repetition. Became. A asked, for. To. Correct the, original. A, petition. And I I. Decided. To have another hearing and, if. The theory the. The good party said had. Raised, two arguments, first of all they said Oh, in the meanwhile, the. Press, try. To find, out who, stands behind the earth and they found this behind, the earth really. Kudus was, standing and then. People said in the second, hearing okay, we made a mistake, was by, mistake it wasn't published, who sends me behind, me. As we. Will leave it on the billboards, with, the name of the hood but, in the social. Networks, we, will we. Will. In. The social networks we are allowed, to go anonymously. This. Time and we are in the future. Occasions. As well, then. I. Heard. All the arguments and then. I issued, the decision, saying that. I. Saying. This. Is. An example of. The. Need. To apply on, also. On. Now. I gave, as a matter of fact basically. Four, arguments the, first one was I based. My decision on. Fury. Or the principle, of, defensive, democracy. Then. I. Used. The, technique, of a. Person. Interpretation. I found. Another. Provision. That in, in. 95. 59. Go in. The purposive. Interpretation. And. Could apply to. Such. A situation, and then, I use what. Is called II we. Have a law that is not used so much it's, called be, low. Fundamentals. Of these. Ready law and. It. Says. A. Question. A question. Comes, before. Another. Judicial. Boom, and there. Is no answer either, in law or in the president, of the Supreme Court you, can use either analogy. And if there is no analogy. You, can go to the roots of the Jewish. Tradition. And Jewish. Lobby ancient Jewish law so, I said, okay there's no specific law, there. Is no precedent but. The. Analogy here is very, clear because, it's, just, the same egg in. The. Billboards. And in the. In. The. Social. Networks, and, even. If you will say that there's no analogy, I found words in the. Very. Creative, manner I find. I found hoods in the Jewish. Ancient. Jewish law and. So. I I, covered. Myself in all, alternatives. And I. Did it because, I was afraid that. The. Likud, will. Try. To to. Attack my decision, in the Supreme Court sitting as High Court of Justice but they didn't and. Then. So. We, had a, decision. That was. Binding on all the parties. And. Then my, friend in yet edenia said ok it's a very sophisticated, and. Very nice. Decision, but, you'll not be able to all to, implement, it what, they didn't know that, in. Parliament. Capacity. I spoke. Oh ok. They asked me to say that I spoke with them. Negotiated. With, Facebook, and. I. Told them that. In. Such cases they. Should do something and the. Reason for them to do something is their, declaration. To be US. Congress, that they, will. Apply. Apply. Let's. Say. New. Techniques. After what happened with, Cambridge, analytical. So. I, call. Them for meeting, and I, ask them to, me water, they would apply not, not just in the United States but all over the world so. I call, them for a meeting they, came over from the United States very. High. Rate officials. Of Facebook, and then at. The beginning they. Were very. Polite but. Not responsive, and, then. I. Tell. Them I told them that there. Is another alternative it, gives such a case with the rise what. Will go by, the legal, path and.

I Don't know whether. It's. Advice from. Their point of view okay. So they, took, another, they. Asked for. Several. Days to think, it over and then they came with. The. Proposed. Solutions, say that. They are willing to. Apply. Their. Procedure. Of noticing, pay down on, such, measures and then, I said okay I, really. Appreciate. You. Declaration. But it's not enough, why. It's not enough what, will happen if someone will, give a notice and you will not decide, to, take it down so. They asked me okay. What you asked us. For. So I said if, such, a. Party. Will, use. The procedure. Of notice and takedown and you will refuse, to take it down then. He, can make. A petition, to. The our. Committee. To me and. If I will issue an injunction you, will have to buy - -. And here - it took. Another several, days and then. They said okay we agree and, from. Then on I. Must. Tell you. That at the, beginning as. I told you they were not so responsive. But after those two weeks so they. Said they'd, call it talks and. After. That again, it's not an agreement but understanding. It. Went very well and. You. After. Their, decision, and. The. Procedure. Of. Of. Notice, and takedown and, in, some cases. Appeal. That, was, before. Me about. 70%. Of the unknown, anonymous. Material. In the network's, went out, here. I have to. Another. Point the. Our. Security. Organizations. Allowed. Me to put in the, decision, a provision. Saying that. It, would be much easier for, them to monitor the. Possibility. Of, foreign. Interference. If. No. Local. Party. Will, use anonymous. Advertisement. Or. Any. Anonymous. Application. So, I put it in in. With, their permission in the decision, and, as. I tell you it. Was a success, because then. We. Only. Security. Organizations. Would be with. Other. The. Other 30%. And. With. Some. Of the local. Parties, or local. Initiatives. Were they didn't adhere to the decision. But. A man made it much much easier. After. I, I. Spoke. With Facebook. I went, to Google and I. Went to Twitter, and I. Made this I. Take. A similar. Understanding. With. Them, so. We. Covered most of, the social. Networks not all of them but most of them. The. Major ones. So. That was the. First I wanted. To. Describe. To you the. Just afterwards, we. Had another petition, you. Know the problem. And again here, I want to add something. To, the students, who are familiar. With. Us. Legal. Woken. Up on those methods, I didn't. Know at. That time red. Is a. Very similar, idea. Was. Introduced. By, the, late Senator. John, McCain in. What. Is. Known. As the honest. As act. But. It's again. It. Just it was just a proposal he made. The proposal to, other senators, and I, at, that time I thought that I invented, something but, then I didn't. Know that such. A thing. Was. Being, proposed in the United States, I. Read. The book. Of professor, Franklin and he mentioned that there, so I said I saw, that I wasn't. To. Think about such an idea. But. Still, I was, the first one to, to go to. Issue such such an injunction because again. The, law of the Act. The. Late Senator, John. McCain. Proposed. Didn't, become. A law in. The United States okay, now I'm coming to the second case. The second case. Most. Came. When we just after the first one and. The. Facts. Were like, that. The. One. Of the parties, a small, party, then. It was a small party it's rarely. They. Say that. Over. The cellular, polls a. Poll. Is being. District. And. You. Have to understand regularly, polls are being. Distributed to. Thousands. Of 2,000 people who. Have. To answer, being. Asked to answer in, this case. About. 50,000. 40 50 thousand people got. Me. The. Proposed. Only, the. Poll which. Was anonymous. And. The. The, the. Main thing was it was anonymous, and. India. In. The possibilities. To answer, the.

Poll. There. This. Party, Israel, became was not included, and. Then. They said vegetable, its, first. Of all if this. Is. A game it, is, against, you decision, because his anonymous. Secondly. The, idea and. To send it to. 40,000. Or 50,000. People the. Idea the main idea is to. It. Was targeted, to people who. The. Initiative. Was. Targeted. To, those people who thought whether, to vote. For his friend return or not and once. Not, including, the, this. Party, in, the poll, gives. A hint that, yes, they will not pass the you. Know the threshold, of. 3.25. Percent of. The vote which, give, you, the. Chance. To go, into the crease pattern, okay. I issued, immediately, immediately. An. Injunction, but, then is when Britain says it's not enough we, want to know who stand who stood, beyond. This. Poll. And, I. Made another theory and, then, you're, insane, was with cellular, companies, and according. To the Salah look to, the. Usual. Headlights, and they. Are not allowed well they, are not allowed to permit. According. To their license, anonymous. Distribution. Of messages. So. And. If they. Breach, or infringe. This. Provision. In the license they, could lose, their license but that, is not enough if, they. They. Act according to the license they have an immunity. Which, is similar, to paragraph, 230. Of, the. American, communication. This. Is the end so. I told them you. Should tell, us who, stood. Beyond. The. The. Pole and then. We. Understood, that they might lose, their license, and they might. Lose, the variant unity, so. They said okay we are willing to to, disclose, and, they, asked me the. The, one that has, initiated it and he, said okay. I. Don't, have any, person. Or any. Way. To not. To disclose it and he gave I don't, know why but he gave his. Acceptance. To. Slowly. But, then probably. That was the reason it was the first years as a matter of fact he. Took another two. Tiers to, come, to the initiative the rate of the original. Initial. At. The end of the, day you. Wouldn't believe who, was standing before a. Behind. This. Mess. The, poor it, was one, of the parties. That I don't want to you. Know to. Comment. On that but was one of the parties that really. They, claim to fame is their their. Cleanest. Way. Of doing. Politics. And. That was the, fact okay so that was the second. Case. 30s, was. Never. Mind afterwards and was, so. Interested. Very. Interested but, that, was the case the. The third case came. To me after. A. Joint, venture, between. The. New York Times and. The. Most. Popular. Newspaper. In Israel Europe, or not and. It. Was a piece of. Of. Investable. Investigatory. Journalist. Investigation. And they. Said. That the, liquid as. Behind. Netball. And the. Whole. The. Whole investigation. Of, the whole article was called the. Big. Boat. Network. Okay. As a matter of fact. It. Wasn't, by. The way it wasn't a, boat. At all it, was. The. College. Okay. Is. The way we. Will. People who, didn't. Disclose, their names and. Immediately. After the, publication, of that piece, in. The is the. One. Of the big. Parties. Akalabeth. Which today their. Leader got, the formal. Monday to try to. Form. A government, they. Filed. A petition without. Adding. Anything to. What was, in, the paper, but just giving. Me the article. And asking, me to. To. Issue. An. Injunction because, it was. Because. It was. And. They. Claimed there. Was a conspiracy. Here. They. Didn't add, anything, to what was, in the papers and, beside.

That You. Know the two. Basic. Action. Also. A problem, so, in, that case I, decided. In favor of the Likud saying. That. Big. They, couldn't they didn't establish a, conspiracy, and that is, very similar to what, a, to. Water. Justice. Not. Justice the. Report. Said. About what, happened in the United States no. Conspiracy. Had, been proved, in the, level. That is needed. However. I, quoted, the. Verse. From. The, Prophet a most saying. Can. Two walk together, except. They agreed. We, agree and. Push. Nine have double-team, no odd but. But. Still. They could prove more. Than they they, couldn't, prove what they claim, so I dismiss the case the. Force the, decision. Was, in. The. In. The last elections. And, here. There, was the. You. Know we, we had a provision in the, existing, law saying, that, in the last three days before. The elections, no, polls should. Be published. In, any media, and by. Any party, now. The. Liquid and the, Prime Minister Netanyahu they. Used chat, board. And. In. This chat, ball and. The, chat board was. Activated. By facebook. Messenger. And. In. And. In those it. Was in within the three days and. They. Published. In this. Chat, ball a, poll. Saying. That the, liquid is going. To lose. The, elections, and the Liberals, and the leftists. As they. Called. It are going to win so, they call all, liquid. Supporters, to, go in to vote now. They, put, in the. In. The ball. We. The. Poll that they. They. Wanted. Everybody, to see and. He was in within those three, days so, they. The. Elections, a petition. Was, fight to me and I, gave. At the night 10 o'clock p.m.. In, Johnson telling. Them that they should. Take. Down this. This. Publication, up to 7 o'clock in the morning the day of the election and, I. Issued the injunction against. The. Liquid. And against, Facebook. Then. Due. To the fact that we got, after or. I described, before good. Connections, on with, faithful, Facebook, called my legal department saying, that, they think that, there. Was a mistake, that I. Issued. The injunction. Against. Them as well and then. I I told me I thought the. My. Legal department that. If. They have any problem, they should find. A, petition. To, me I'm not going to speak with them and formally on this, matter so in, the morning. They. Find a, petition, and, asking. Me to. To. Correct the decision. Saying. That it was probably. I, you, should be injunction. Against death by mistake beside. Her daily. Cool has. Issued. A. Response. And, they, had raised, to. Was. That it's not a pole it's a. Second. Argument was. The. Second argument was, that. They. Are willing they. Understand, that if the first argument will. Not be accepted, they. Are willing to pay to pay a fine according. To a compound, took, on end of code, but. They're. Willing to pay, fine and by fine and even, a very huge fight okay. And, then. I. While. I'm still, the injunction. Was imposed and then. While. I'm considering. And. Writing. V it was in the you, have to understand in the election. Day while, I was. Writing. The decision, suddenly. My. The. The. Representative. Of the record. In. The election. Committee came over. And said. We. Have an. Idea. And. Then. I said okay you. Have to again you have to put, it down and, then. Facebook. Came. To me as well and they said that, the, Prime Minister and, the Likud are saying. That they are willing to take it down but there, is a problem they, cannot, differ between. The illegal. Publication. Of the pole to, the legal matter.

That, Is. Allowed. To be, published on the. Forecheck. So, if, that is the case just. Take. Down the whole we. Hold. The. Whole budget, and then. I asked, the Facebook. If they are willing to get into decision, all they. Want, to to. Withdraw. The. Petition. To, change my, decision and then they said okay now. We. Will do it by our. Bye-bye. And. Then. Suddenly. That it could found a way to. Different. Between the, polls. Published. And the other material. In, the. Meanwhile, the. Boat. Was, down for three hours and, then. When the liquid. Made. The undertaking. They. Will. Different. And we'll take out the. Port. Out, of their check. Then. The, Prime Minister. Made. An interview, saying that, he, doesn't understand, why. I decided, as, I decided because he was willing to pay a very, high fine. Contempt. The code. And how, I did to. Put. Their. Both. Down. In. The. Day, of the elections. So. Then it. Wasn't allowed to make any interview, at the day of the, election so, I said now you have to add another, provision. In you undertaking, that you will not make, any interviews. Anymore and. They. Accepted and then, I, was. Willing to, to. Allow them, to put, the body. Up. Again but, then Facebook said okay, we. We, have to get directions from the United States whether to put it up again, so he took another hour and then I they. Came, to me and asked for the formal, decision I gave a formal decision and then, the boat went, up and, there. Were no more interviews, and normal polls. There. Those are the, four, decisions. That I wanted to describe, to you and. I. Want to say. At the end before, opening. To. Commence. A question, that. As, you see. In. This case in this in, those, matters. The. Light unto. The, nations came, from. Describe. The situation. To. Reach. An accommodation with. Facebook. Or. Implementation. Of. He's. Threatened, to take away. Immunity. From. The. Self companies. And. The. End up joining the, sitting Prime Minister, from. Using the chat pod over facebook messenger and target so so, there's a each. Of these three could occupy a seminar, of controversial, relations, between. We. Condition and administering let's, not forget them. The. Box. Because. We. Actually. So. Let's. Let's. IIIi. Didn't, I. Didn't, describe. All the the, talks. Okay. Just. Answer very. Short answer. The. Fact that, the. Groups in, what's, up we're, limited.

I Have. Also. Shared. I. Don't. Know whether you're familiar with, the fact that the. Groups in. Okay. Do. You have any. New. Honest for. Us. It's. Not. A. It's. A. What. Would be, an. Ideal, model. From. Your experience, if we were writing an honest. To. Be quite frank between with, you there, is no an ideal model but. But. We. Went too far with, all those. Big. Companies like, Facebook. Google, so. You, have to cooperate, with, them but, still to supervise, them and the. Model of them. Taking. Measures. In. The first instance, is okay but. Then it's. Not the last word. Because. They want to. Be. To have the last word and they now. They think of an. Advisory, board. Was. A little, board. Which will not will, be outside, Facebook. But still it, will just give recommendations and. It, will not be binding on Facebook. So I think that the two-tier. Mechanism. Will, go but. Here it's, not just. That. You can do the. Honest. As ad. But, you have to to. Implement. Some. Mechanism. Of. Deciding. On a judge, that. Will. Decide. Of those methods very, quickly and, here. Because, of your system, it's, very difficult, to find such a judge that, is a. Greater. Force between the two major parties, so, but. You, can do it now. You know professor, Kahana. With the book you know thinking. Slow. A sitting. Slow, and fast or fast and slow as a matter of fact so, you have to have, because. The decisions, here have, to be have. To be very very quick. So, first, of all the. Let's, say the basic, because I told, later all the, basic. A, idea. On, the, merits of the. Initiative. Of the late John McCain. Was. Good on the, merits but then you have to wait it isn't, two, more things first, of all a time, married and secondly, you, have to find. Let's. Say judges. In, every state. Who, will be agreed, upon, between. The first, of all the parties, and then, that. They will be the, the. Court of appeal of the, decisions, of the of. The. Companies. Like Facebook. And Google and. Whatever. They would decide would be finding of course later, on an ex. Post facto you. Will, be able to. To. Go, to code. In the room button up, only. Principle. Matters is, the Supreme Court of the United States, but, you have, to add in this. This. Egg propose, that really. The. Essence is okay, but you have to to, add a, mechanism, to the side. Okay. I'll give you an answer. My. Main, theme. Is. Anonymous. Anonymity. Over. Social. Networks. Should, not be allowed in. Times. Of Elections. Now. Normally. Includes. Everything, it, includes, boards it, includes. How. To code. Paper, fight so cool but, but, that. Is the. Station, that I made so. If all, those. Anonymity. Application. They, should not be allowed, in. Times, of of. Elections. As long, as they are connected and you can prove and, they are connected to any party, or any, candidate. All their, are financed, by any party, or any candidate, now. And, that. Is one. Condition. The, other is of, course if it is you. Can prove and, that you. Should not prove, it it's the, job, of the security. Agencies. If you can prove that it is, made. By a foreign. Country. So that is not, allowed at all all the, other alternatives. And, even, if, it is. A. Publication. That. Uses. Fake. Profiles. And it's, not, connected. To any party, and it's not financed, by, any. Party. I would. Allow it because I don't want to go you. Know to, to. Live it too much free. Free. Speech and the First Amendment, rules. You have in, any case it would not go through the Supreme Court of your, country so. So. You. Have to to. Adjust. Yourself to. To. You. Culture. You leave, your culture and by the way I am, a, believer of that concept. In usual as well so, there. Are two exceptions one, if any, such. Publication. Is is. Made by. About you about someone or any, group that is connected, to a party, or. Any. Candidate, all because, financed, by them and the. Second one if it is initiated. By any. Foreign. Government now. You. Have to improve, you. You. Let's. Say reporting. Procedures, as far, as financing. We. Have. In. The case. Okay. The question was another case a K before me. As. I. Told you that, there. Was a quick. Procedure, noticin, theta and. In. One of the cases there. Was. Navigation. Against one. Of the members of the Knesset from. Less. And. The, allegation. Came. Up anonymously. From, Qatar, now. He use. The notice. And takedown procedure, but, from. The reasons, phase. Take it down and. Then he, made. A petition, to me and then. I had, also. A problem, because it, was citta, so. I told I, made. Again. And. I asked Facebook, who is active in Qatar to. To. Tell me the. One that initiated.

The. Publication. That he has the right to, react. Only. On. The injunction, of and. But. In, the meanwhile I told them to take it down and they. Took it down immediately. Five. Hours. Later, he. Opened a new account, okay. And then I, I. Ordered. A gay I wish within another injunction, and then, I asked, him again to. Let, him know that. Something. Like this happened. And he had a right to react, his, reaction, was that he will sue me in. Many. International, forms. Till, now he didn't sue me, and. They, took it down and then. He made, it for the third time and. The third time then. I issued. The third injunction. And then. I. Told. Facebook. That I want them to disclose. Who is behind. That, then. Stop. Ok, so. Probably. It. Gives you an answer I think. We have time for one more. Thank. You so much for that so I'm visiting here, and from my way and actually last week we in, Georgetown University, we had the pleasure of hosting, a mr. Zuckerberg in. The. Capacity. Of a student, club I'm an Israeli lawyer, my name is I am in, the, capacity, of the student, club that we found it there the, Georgetown tech tech policy initiative and I, asked him in the, close conversation. I asked him so mr. Zuckerberg who should regulate, the internet, because, write all the questions here but who. Really have the, ability. To regulate the internet, and a lot of the things about the data and showing the algorithms, and I, was fascinated by the fact that you said you. Had to negotiate, with, them right. Not even not in the in, the common law way. That we act as a state so, what's. Your response what do you think should regulate, the internet the government. Oh it's actually should be say, the same way as, today, thank. You. Okay. In. The first place I think that, the government, or the, Parliament should regulate. The. As, it. Regulates, other markets, but we went too far and now if. You want to to. Get effective. Remedies. You, should. Talk. To all, those companies. But. You. Have to make. It very clear that the, decision the. Final decision is not there so. And, they understand, it and if. Then, if. They understand, this. Simple. Fact and then, an. Injunction. Or other remedy. Is. Issued. Against them then. They understand, it even better. So. So. Thank, you I guess I'm still reeling from the idea that you asked, Facebook, to. Create a, an. Appeal. Process. For. Somebody in Qatar, for, Israeli decision about. Take down this is that sweet beyond belief. No but seriously thank. You for that kind of creativity, for. The courage we're, not going to solve it all here but thank you for taking the time to teach us to, talk to us, we, all have a lot of learning to do together, and, from each other thank, you.

2019-11-05 18:41

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!$ræ/, it's not different this time.

Amos is an interesting choice for an address at HLS, since his message can be interpreted as standing for that a person can be a great prophet without training or education. He need only transmit faithfully G-d's word as he hears it. And ofc some members of Likud have been criticized for the depth of their Biblical scholarship.

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