In certain circumstances, case law in Israel recognized the possibility of obtaining a recording of a conversation as evidence, even when the aforementioned technical admissibility conditions were not proven, at all.
[...] However, while the defense is of the opinion that due to technological development, the conditions of admissibility should be even more precise, my opinion is that only some of those conditions should be met. At the end of the day, the technical admissibility conditions set out in the case law are intended to ensure that the recording is reliable, in the sense that it faithfully reflects what is stated in it. In light of the technological developments to which we are exposed on a daily basis, I do not believe that it is necessary to stand on the end of Y. in proving each and every one of the conditions. This is especially true with regard to the conditions regarding proving the integrity of the recording device and the competence of the recorder.
In my opinion, the current default is that the digital recording devices, including those installed in mobile phones, are in good working order for the purpose of recording (for a similar default, with regard to the integrity of a computerized system, where a party wishes to submit computer outputs as evidence in a criminal trial, see the rule in common law Dennis, at p. 521). It should also be assumed, as long as it is not proven otherwise, that the holder of the mobile phone, which may be, at times, very young in age, is "qualified" to record using the device, which also serves it as a means of recording. In my opinion, and on the basis of the above, it is appropriate to reformulate the main conditions for the admissibility of a recording, in such a way that the courts will insist, precisely, on the existence of two main conditions: proof of the reliability of the recording, as reflecting what was said between the parties to the conversation at the time of the recording; and correctly identifying the speakers in that conversation. At the stage of examining the reliability of the recording, it is also possible to require changes and deletions that may have been made to it, and the extent of their impact on the relevant content for which the recording was submitted. I am of the opinion that a careful examination of the reliability of the recording may provide a solution to the concern that it is precisely due to technological innovations that it is easier to forge the software of a recording, without leaving tangible traces.