At the same time, the legislature established in the Computers Law special provisions regarding the manner in which a search of a computer can be conducted for the purposes of a criminal investigation, the purpose of which is to balance the violation of privacy involved, and the prima facie evidentiary value that can be derived from the search. This was done through an indirect amendment to the Search Ordinance, in which section 23A was added to the Ordinance, which was initially worded as follows:
")a) Penetration of computer material as well as the production of output while penetrating as aforesaid, shall be deemed to be a search and shall be carried out by an officer who is skilled in performing such actions; For this purpose, "penetration of computer material" - as defined in section 4 of the Computers Law, 5755-1995.
(b) Notwithstanding the provisions of this chapter, a search as stated in subsection (a) shall not be conducted, except in accordance with an order of a judge in accordance with section 23, which expressly states the permission to penetrate computer material or produce output, as the case may be, and the terms and purposes of the search.
(c) Receiving information from communications between computers by way of a search under this section will not be considered wiretapping under the Wiretapping Law, 5739-1979."
Section 23 of the Search Ordinance, to which Section 23A of this Ordinance relates, deals with the conditions for the issuance of a search warrant in premises, and states:
"A judge may issue an order to conduct a search of any house or place (hereinafter - a search warrant) if:
(1) The search is necessary to ensure that an object is presented for the purpose of any investigation, trial, or other proceeding;
(2) The judge has reason to assume that it is used for the storage or sale of a stolen object, or that an object in which an offence has been committed or in respect of which an offence has been committed, or that it has been used, or intends to use, for an illegal purpose;