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Which offenses does the Computers Law set?
The Computers Law is the specific law for computer offenses in Israel. Among other things, it prohibits unlawful intrusion into computer material, even without causing damage; disrupting or interfering with the operation of a computer or with computer material; transmitting false information or false output; and writing and distributing a computer virus. The penalties range from three to five years’ imprisonment, depending on the offense.
It is important to understand: “intrusion” does not require sophisticated hacking. Even logging into another person’s account with a password obtained unlawfully (for example, a former partner who guesses a password and enters a mailbox) may amount to an offense.
What else applies to harm online, beyond the Computers Law?
Many cyber offenses also fall under general laws. Phishing and impersonation scams are assessed under the fraud offenses in the Penal Law, 5737-1977. Intrusion into private correspondence, photos and recordings may amount to an invasion under the Protection of Privacy Law, 5741-1981, which also gives a civil cause of action for compensation. Publishing harmful content about a person is assessed under the Prohibition of Defamation Law, 5725-1965. Classifying the act correctly affects the route for dealing with it: criminal, civil, or both in parallel.
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What happens after you write to me
- You write what happened and with whom. No documents.
- I get back to you within one business day for a short call of a few minutes.
- If it is a matter I handle: after the call you will receive, in writing, what will be done and what the next step is. Work starts only after you approve.
At the end of the call you will know one of three things: it is a matter I handle, and what the next step is; you can manage without a lawyer, and which guide fits; or it is outside my field, and where to turn.
I was harmed by a cyber offense: what do I do now?
Three first steps: documentation (screenshots with the date and time, saving URLs, messages and emails, and not deleting anything); disconnection and technical help (changing passwords from a clean device and turning on two-step verification); reporting (a complaint to the police, which can also be filed online, and in the case of a data leak from a business, contacting the Privacy Protection Authority). At the same time, it is worth checking with a lawyer whether there is a civil cause of action for compensation against the attacker or against a party that was negligent about security.
Can a victim of a cyber offense also sue for monetary compensation?
Yes. Alongside the criminal proceeding, a victim can file a civil claim on grounds of invasion of privacy, defamation, breach of statutory duty or negligence. The Computers Law itself provides that unlawful interference with the use of a computer, and deleting or changing computer material, are a civil wrong (section 7), and that the burden of proof that the act was lawful is on the defendant (section 8), but compensation will be awarded only if it is proved that the damage was caused by the defendant’s negligence (section 9). Some laws provide for compensation without proof of damage, which makes a claim much easier: for example, in a claim for invasion of privacy the court may award up to NIS 50,000 without proof of damage (section 29A(b)(1) of the Protection of Privacy Law; the amount is updated by the index, section 29A(d)). It is important to act quickly, both to preserve digital evidence and because of limitation periods.