Israel's virus surveillance tool tests its democratic norms

By TIA GOLDENBERG

https://apnews.com/article/technology-pandemics-israel-coronavirus-pandemic-tel-aviv-336a805c6cda2313468cbe1ad052caee

TEL AVIV, Israel (AP) — In the early days of the pandemic, a panicked Israel 
began using a mass surveillance tool on its civilians, tracking people’s 
cellphones in hopes of stopping the spread of the coronavirus.

The government touted the technology, normally used to catch wanted Palestinian 
militants, as a breakthrough against the virus. But months later, the tool’s 
effectiveness is being called into question and critics say its use has come at 
an immeasurable cost to the country’s democratic principles.

“The idea of a government watching its own citizens this closely should ring 
the alarm,” said Maya Fried, a spokeswoman for the Association for Civil Rights 
in Israel, which has repeatedly challenged the use of the tool in court. “This 
is against the foundations of democracy. You can’t just give up on democracy 
during a crisis.”

Little is known about the technology. According to the Yediot Ahronot daily, 
the Shin Bet internal security service has used the tool for two decades, 
sweeping up metadata from anyone who uses telecom services in Israel. 
Information collected includes the cellular device’s location, web browsing 
history and calls and texts received and made, but not their content. That has 
reportedly helped the agency track militants and halt attacks, although it’s 
unclear what happens to all of the data.

Israel first brought the Shin Bet into its virus outbreak battle in March. By 
tracking the movements of people infected with the coronavirus, it could 
determine who had come into contact with them and was at risk of infection, and 
order them into quarantine.

With the contact tracing capabilities of Israel’s Health Ministry limited, the 
Shin Bet was seen as the best option to pick up the slack, even though its own 
leaders were reluctant to deploy the tool. The Shin Bet declined to comment.

Officials say the technology has been a critical tool in keeping track of the 
outbreak and insist they have struck a balance between protecting individual 
rights and public health.

“We believe that the cost is certainly reasonable,” Deputy Health Minister Yoav 
Kisch told a parliamentary committee last month. “We haven’t seen this tool be 
used exploitatively. This tool saves lives.”

Initially, Prime Minister Benjamin Netanyahu used emergency regulations to 
approve the use of the tool. After the hasty deployment was challenged in 
court, the government was forced to legislate limits on its use in July, 
submitting it to some parliamentary oversight.

The law says the Shin Bet must keep the information separate from other data it 
gathers for other purposes and that after a certain period of time, it must be 
deleted. The law also limits those who are able to access the information and 
stipulates that Israel must present and popularize a civilian alternative to 
the surveillance, such as a phone app. Israel has developed such an app but it 
is not widely used.

Critics say there is no proper oversight on how the Shin Bet data is gathered, 
stored, used or deleted.

Michal Cotler-Wunsh, a legislator on the parliamentary committee overseeing the 
tool, said Israel’s reliance on the Shin Bet prevented it from moving toward 
more transparent civilian technology that could have done the job. “We really 
should have resisted the temptation,” she said.

Under their partnership, the Health Ministry sends the Shin Bet the names, ID 
numbers and contact details of those diagnosed with COVID-19. The security 
agency can then go back through two weeks of data to determine what cellphones 
were within a two-meter (six-foot) radius of the sick person for more than 15 
minutes. They are then alerted and ordered to self-quarantine.

At the time, there was little outcry against the inclusion of the Shin Bet from 
ordinary Israelis, who have great faith in their security services.

But as the months went by, Israelis found themselves caught in what appeared to 
be a dragnet that scooped up tens of thousands of contacts. Many claimed the 
data was inaccurate, forcing them into a needless 14-day home quarantine. 
Making things worse, it was difficult to appeal to overwhelmed Health Ministry 
hotline operators.

The tool’s accuracy indoors is said to be problematic. If an infected person is 
in one apartment, it might send the entire building into quarantine.

The Health Ministry says that since July, 950,000 people detected by the tool 
have been sent into quarantine, among which 46,000 were found to be infected. 
The ministry said some 900,000 have been sent into quarantine through 
traditional contact tracing and 63,000 of those were found to be infected since 
July. Beginning in August, the Israeli military took over contact tracing 
responsibilities for the Health Ministry.

Tehilla Shwartz Altshuler, a senior fellow at the Israel Democracy Institute, a 
think tank, disputes the Health Ministry’s figures. Based on her own analysis 
of official data, she believes the Shin Bet has snagged far fewer of the 
infected than contact tracers. She also estimates at least 100,000 people were 
wrongly quarantined.

An interim report from October by the state comptroller, a government oversight 
body, backed up the claims that the tool hasn’t been entirely effective, saying 
contact tracing was significantly more so. The report also found that the Shin 
Bet did not always adhere to the limits imposed by the law, for example failing 
to delete information gathered in a number of cases.

A ministerial committee decided last month that Israel would begin scaling back 
the tool and limiting its use. But the decision is not final and more recently 
Israel has indicated it will seek to continue its widespread use, despite a 
Supreme Court challenge against the technology.

With the tool having been used on its citizens in a health crisis, critics say 
the door is open for it to be used again in other matters unrelated to state 
security.

“What happened with the Shin Bet needs to be a wake-up call,” said Shwartz 
Altshuler. “State authorities know everything about you, all the time, about 
where you are located. And we will need to think about the long-term 
consequences of that in the future. It won’t go away. They will use it again.”
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