Attorney General: Tourists’ Emails Can be Searched at Israel’s Borders

[Eugen Leitl]

http://www.acri.org.il/en/2013/04/24/ag-tourists-israel-emails/

Attorney General: Touristsb Emails Can be Searched at Israelbs Borders

Update:April 24, 2013

Photo by Tal Dahan

In response to an inquiry from ACRI regarding reports of authorities
requiring access to touristsb email accounts before allowing them into the
country, the Attorney Generalbs office has confirmed its approval of the
practice.

Attorney Lila Margalit, Director of Human Rights in the Criminal Process
Program at the Association for Civil Rights in Israel (ACRI) wrote a letter
to Attorney General Yehuda Weinstein in June 2012, following reports in the
news and in social media of foreign nationals visiting Israel being asked by
the GSS (bShin Betb) for access to their personal email accounts during
interrogations in Ben Gurion Airport. According to media reports at the time,
a visitor who refused was denied entry, as was a visitor who complied.

In a response dated April 24, 2013, the Attorney Generalbs office confirmed
this practice, asserting that such searches are made in exceptional cases
where brelevant suspicious signsb are observed, and that they are conducted
with the foreign nationalbs bconsentb.  However, the Attorney Generalbs
office also noted that while a tourist may refuse such a search, bit will be
made clear to him that his refusal will be taken into consideration along
with other relevant factors, in deciding whether to allow him entry to
Israel.b

ACRI Attorney Lila Margalit said in response: bA tourist who has just spent
thousands of dollars to travel to Israel, only to be interrogated at the
airport by Shin Bet agents and told to grant access to their email account,
is in no position to give free and informed consent.  Such bconsentb, given
under threat of deportation, cannot serve as a basis for such a drastic
invasion of privacy.  In todaybs world, access to a personbs email account is
akin to access to their innermost thoughts and personal lives.  Allowing
security agents to take such invasive measures at their own discretion and on
the basis of such flimsy bconsentb is not befitting of a democracy.b

Related Links

Invasive Email Searches in Airports Contradict Israeli Law

http://www.acri.org.il/en/2012/06/06/email-searches-in-airports/

Invasive Email Searches in Airports Contradict Israeli Law

Update:June 6, 2012

Ben-Gurion Airport, photo by Beny Shlevich, CC-by-SA

Following recent reports, the Association for Civil Rights in Israel (ACRI)
emphasizes that the demand made by the Israeli GSS to internationals visiting
Israel, that they provide their email account password to security
authorities, contradicts Israeli law. The law outlines severe restrictions
regarding the circumstances under which this can be done, and even conditions
it on a judicial order.
 
According to recent reports in the news and in social media, foreign
nationals visiting Israel have been asked by the GSS (bShin Betb), during
interrogations in Ben Gurion Airport, to access their personal email or
Facebook accounts so that the interrogators can retrieve information relating
to their planned visits. A few visitors were then denied entry. See for
example coverage on Haaretz in English and the Associated Press.
 
According to these reports, the GSS claims that the actions taken by the
agents during questioning were within the organizationbs authority according
to Israeli law. However, the Association for Civil Rights in Israel (ACRI)
states that, contrary to this claim, this is an illegal practice. bInvading a
computer or an email account constitutes a grave violation of privacy and
dignity,b says ACRI attorney Lila Margalit. bTherefore, Israeli law contains
strict provisions regarding the circumstances under which this can be done b
and even conditions it on a judicial order. The demand made to internationals
visiting Israel, that they provide their email account password to security
authorities sounds like something that could be expected in totalitarian
regimes.b