In practice, the data submitted with the petition do not testify to the scope of the harm to
the values of freedom of speech and access to information (to the extent that they do not amount
to a crime). Of course, no one denies that the Cyber Department’s activity may ultimately cause
the removal of various criminal publications from the internet. However, even if that is so, it is not
at all clear to what extent the Cyber Department’s voluntary enforcement activity leads to a
violation of protected rights, including the freedom of speech of the holders of the rights, in regard
to publications that are not unlawful. There is no need to elaborate upon the fact that a fundamental
condition of the protection granted under Basic Law: Human Dignity and Liberty is that the object
of the claimed harm to the constitutional right be a “person” (see sec. 1 of the Basic Law, which
speaks of the fundamental rights of the human being in Israel, and the end of sec. 2, which
establishes: “There shall be no violation of the life, body or dignity of any person as such.
(emphasis added – H.M.)). The reality provided by the internet shows that, at times, in order to
prove that a fundamental right was violated (which is at the heart of the Petitioners’ arguments,
along with the claim of lack of authority), the petitioner must show that the object of the harm is,
indeed, a “person” (and in my view, impersonators of people, like avatars and bots, are excluded).
In other words, avatars and robots do not enjoy human rights, not to mention that some of
those robots are not even operated by humans but by artificial intelligence. In this regard, see:
RYAN ABBOT, THE REASONABLE ROBOT: ARTIFICIAL INTELLIGENCE AND THE LAW (2020); Harry
Surden, Artificial Intelligence and Law: An Overview, 35 GA. ST. U. L. REV. 1305 (2019); Ryan
Calo, Artificial Intelligence Policy: A Primer and Roadmap, 51 U.C.D. L. REV. 399 (2017).
32.
In the matter before us, concerning the area of the internet in which varied and various
entities, organized in different configurations, operate (among them, foreign governmental actors,
“bot” networks, forged accounts, and impersonators), a minimal evidentiary basis for a claimed
violation of freedom of expression is required, particularly in regard to a publication that does not
constitute a crime. Note that I do not think that the voluntary enforcement actions of the Cyber
Department are incapable of potentially violating the activity of certain individuals, whether in
Israel or abroad. However, in the absence of a specific example by the Petitioners that such
voluntary enforcement activities, as such, affected any of them (assuming that no prima facie
offense was committed), it is difficult to accept the Petitioners’ argument that the entirety of the
Cyber Department’s voluntary enforcement activities harm the Petitioners as such, and it is
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