to those terms from time to time, it enjoys an inherent advantage and reliability in operating the
voluntary track. It is, therefore, appropriate that it speak on behalf of other governmental bodies,
as well as for plain citizens, who cannot contend on their own with internet platform operators and
with those who abuse the platforms or access to them. It is thus argued that the Department serves
the public in general. In this regard, the Respondents emphasize that the referrals to internet
platform operators are made only when the publications meet the criteria set out in para. 11 above,
and when it is appears that the publications conspicuously violate the Terms of Use of the online
platforms.
22.
Moreover, the Respondents point out that the Cyber Department has been granted the status
of “reliable reporter” by several of those internet platform operators, which gives examination of
the Department’s reports precedence over others, and the speed of the response results in reducing
the harm (however, according to the Respondents, that does not influence the manner of examining
the report submitted to the internet platform). In addition, the Respondents note that due to its
nature, in view of the resources and significant knowledge at the disposal of the various
governmental organs, it is important to maintain the voluntary enforcement mechanism as a means
for which there is currently no alternative for reporting and acting against acts of impersonation,
fraud or other criminal offenses perpetrated on the internet. Moreover, due to the location of such
criminal acts – generally beyond the borders of the state – and given the limited international
judicial authority, in the absence of the voluntary enforcement track, “bad actors” in cyberspace
would continue to succeed and their acts would not be subject to enforcement.
23.
Parenthetically, but not of marginal importance, the Respondents argue that the petition
should be dismissed for not meeting the threshold requirements for filing a petition due to a
substantial factual deficiency and for not joining relevant respondents – the internet platform
operators. The Respondents argue that joining those parties could shed light on the independent
discretion that they exercise in regard to the Department’s referrals, as well as other subjects
comprised by the petition, which will be explained below.
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