Computer and Cyber Offenses

Computer and Cyber Offenses

The Computers Law: the framework

The Computers Law, Tashna-Heh-1995, sets out the principal cyber offenses: unlawful penetration into computer material (Section 4), up to 3 years' imprisonment; penetration in order to commit another offense (Section 5), up to 5 years' imprisonment; disruption or interference with a computer or computer material (Section 2), up to 3 years; false information and false output (Section 3), up to 5 years; and computer viruses and malicious software: creation and distribution, up to 3 to 5 years' imprisonment. "Penetration" is interpreted broadly: it also includes entering another person's account with a password obtained unlawfully, and also peeking at a spouse's phone or email.

The offenses that bring down ordinary people

Most computer cases are not about "hackers": a spouse who accessed their partner's email during a crisis; an employee who downloaded files from the company account before leaving; a manager who continued to access a former employer's systems; a competitor who used an old password. All of these are penetration into computer material, and sometimes combined with invasion of privacy, illegal wiretapping, and theft of trade secrets. This is how civil and commercial cases turn into criminal matters.

The digital evidence and its weaknesses

Cyber cases are built on logs, IP addresses, device extractions, and technological expert opinions. But digital evidence is vulnerable: an IP address identifies a connection, not a person; devices are shared; networks are breached; and the chain of evidence breaks between seizure and the lab. Challenging the evidence through an expert on behalf of the defense is at the heart of these cases, alongside questions of the legality of searches and intrusion into devices.

Legal representation

Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents suspects and defendants in computer and cyber offenses, working with digital forensics experts. Do not hand over devices, passwords, or a version before receiving advice.

What does the Videos Law provide?

The "Videos Law" is the nickname of an amendment to the Prevention of Sexual Harassment Law, which added Section 3(A)(5A). The section provides that publishing a photograph, video, or recording of a person, focusing on that person's sexuality, in circumstances in which the publication is liable to humiliate or degrade the person, and without that person's consent to the publication, constitutes sexual harassment punishable by up to 5 years' imprisonment. This is the most severe punishment in the Prevention of Sexual Harassment Law, and it reflects the legislature's position: dissemination of intimate content is a serious harm that must not be taken lightly.

Critical point: consent to filming is not consent to distribution

Even when the filming itself was done with full consent, within a relationship, distributing it without consent constitutes a complete criminal offense. Moreover, the law does not distinguish between the first distributor and the tenth distributor in the chain: the very act of passing the content on, whether in a closed WhatsApp group or with a single click on "forward," constitutes prohibited publication. Many of those investigated for this offense are law-abiding people who received a video and passed it on without understanding the criminal significance.

Monetary compensation without proof of damage

Alongside the criminal proceeding, a person harmed by the distribution may claim compensation of up to 120,000 NIS without proof of damage, from each distributor separately. The meaning: an entire chain of distributors may face cumulative lawsuits in very high amounts.

What is online identity theft?

Online identity theft is the use of another person's identifying details, name, photographs, personal details, or accounts, without their consent. The phenomenon includes opening fake profiles on social networks, taking over existing accounts, conducting correspondence in another person's name, and carrying out transactions using a stolen identity.

The relevant criminal offenses

Impersonation of another person under section 441 of the Penal Law: falsely presenting oneself as another person with intent to defraud, punishable by up to 3 years' imprisonment, and up to 5 years' imprisonment when the impersonation was intended to obtain property. Unauthorized access to computer material under the Computers Law: taking over another person's account constitutes unlawful access, punishable by up to 3 years' imprisonment, and if done in order to commit an additional offense, up to 5 years' imprisonment. Alongside these, offenses of invasion of privacy, defamation, obtaining something by deceit, and credit card fraud may also arise.

Have you fallen victim to identity theft?

Action should be taken quickly: full documentation of the fake profile or activity, reporting to the platform for removal of the account, changing passwords, and filing a complaint with the police. At the same time, it may be worth considering a civil proceeding for compensation for the damage, and in appropriate cases even without proof of damage under the Protection of Privacy Law and the Defamation Prohibition Law.

Being investigated on suspicion of online impersonation?

Computer offenses leave digital traces, but technological evidence is not immune to error: an IP address identifies not a person but a connection, and shared devices create real doubts. Do not provide a version before receiving legal advice: it is precisely in the questions of identification that the most significant defenses lie.

Legal representation in impersonation and cyber offenses

Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents victims and suspects in offenses of impersonation, identity theft, and computer offenses. Contact us for an initial consultation without obligation.

The biggest fraud arena of the decade

Digital currencies and online trading have become the world's growing fraud arena: fake investment platforms, promises of guaranteed returns, “portfolio managers” who disappear with the money, romance scams that turn into “investments,” phishing for digital wallets, and the sale of worthless coins. Under Israeli law, there is no separate “crypto law”: the acts fall under existing offenses, obtaining something by deceit (up to 5 years in aggravated circumstances), theft, computer offenses, securities offenses, and money laundering (up to 10 years).

Have you fallen victim to fraud?

Time is the critical factor: crypto funds move quickly between wallets and exchanges, but their movement is transparent in blockchain records and can be traced using professional tools. The steps: full documentation of all communications, addresses, and transfers; a complaint to the police (cyber units); approaching exchanges to freeze destination addresses; and in appropriate cases, urgent civil proceedings, attachment orders, and disclosure orders against local parties in the chain. An important warning: beware of “fund recovery companies” that charge advances; many of them are the next scam.

Being investigated on suspicion of online fraud?

Even legitimate entrepreneurs, marketers, and intermediaries in the field get drawn into investigations: the collapse of a crypto project turns angry investors into complainants, and the legal question is fraudulent intent from the outset versus business failure. The business documentation, disclosures to investors, and conduct with the funds are what will decide the matter, and no version should be given without advice.