MKs mull bill to outlaw unlawful websites
Proposed legislation would allow police to shutter websites used to break the law, such as gambling and sites containing child pornography; experts warn of slippery slope of censorship.
A proposed bill seeks to give the police the authority to order internet providers to restrict access to websites used to commit offenses. The bill passed its first Knesset reading last February and last week arrived at the Constitution, Law and Justice Committee, which began to prepare it for the second and third readings in the Knesset.
The proposal focuses on restricting access to websites used to distribute drugs, for gambling and child pornography, and has sparked a row between the state prosecution and the police and the Israel Internet Association, the latter warning of the dangers of such a move.
A 2011 State Comptroller's report on the handling of illegal gambling sites determined that efforts to combat them via warrants were unsuccessful as the companies behind the sites simply opened alternate URLs, which it sent to gamblers by email.
At the same time, the US has rejected a bill seeking to block access to pedophilia websites on the grounds that it has been proven that the technology is both used to block access to innocent sites, and is also very easy to override.
Limited enforcement capability
At a hearing of the Knesset Constitution, Law and Justice Committee last week, the state prosecution brought in Justice Ministry attorney Haim Wismonsky and Chief Superintendent Lilit Tiber and Superintendent Nir Alkabetz of the police to defend the bill.
The three said that the bill was intended to be an effective preventive measure, and serve as a warning for teens and causal surfers who might be deterred when they saw police notification that a site had been closed down. Heavy users, all acknowledged, would not be dissuaded – neither on the supply nor the demand side.
All present also conceded that there would be limited ability to enforce the legislation for foreign websites and that the proposal could have limited effectiveness and ultimately result in Israel having a tarnished reputation as a country that censors the internet.
The Israel Internet Association's representatives on the issue, attorney Haim Riva and Prof. Michael Birnhack, highlighted the threat to freedom of expression that the bill could pose, as well as to innocent websites that could be adversely affected.
Riva in particular stressed the futility of the proposed law. "There is a dangerous illusion that the proposed law can solve anything. It has the appearance of fighting crime, but generally will do not do anything," he said.
"A website that is closed down can with the push of a button relocate to another location. The technology is complex and I'm afraid that instead of tackling criminal offenses, we would be satisfied with closing sites, and in any event most criminal activity would move to the darknet."
Birnhack, who was absent from the discussion but sent his opinion, stressed that the proposal was the start of a slippery slope of censorship. "Once the framework for blocking websites is set, it creates a dangerous opening to add other offenses. As such, it would have been better to amend the law, but it is easy to envision public demand to block sites with content that may offend the sensibilities of a particular group or (go against) the views of the majority."
The bill's proponents and opponents appear to have reached a compromise that allows senior police officials to restrict access to websites for 30 days, while an extension of the order will require court approval.
