(3) The judge has reason to assume that an offense has been committed or that an offense is intended to be committed against a person who is in it."
Thus, the legislature initially determined that the requirements for the issuance of a search warrant on a computer would be essentially identical to those required for the issuance of a search warrant in premises, and allowed a search of seized computers in the places for which a search warrant was issued - provided that it was explicitly stated on the order that the search would also be carried out on the computer, as well as the terms and purposes of the search.
- This section was amended in the framework of the Criminal Procedure Ordinance (Arrest and Search) (Amendment No. 12) (Search and Seizure of Computers), 5765-2005. The reason for the amendment, as appears from the explanatory notes to the bill, was that in light of the increasing use of computers and the unique violation of privacy involved in searching them, a different balance must be struck when a search warrant is requested on a computer, compared to a search warrant on premises:
"According to section 23A of the Ordinance as currently drafted [amended - 10a], in order to conduct a search of a computer, a judge's order is required that explicitly permits it. The order must specify the permission to penetrate computer material or produce output, and the terms and purposes of the search. In practice, the court, when it issues search warrants, fills out a uniform text that gives the police the authority to search and seize any document or distribution necessary for the investigation, including computer and computer material. It is proposed to determine that the court must specify the purposes of the search and its conditions, with a clear instruction that in search warrants relating to computers and computer material, the court must give special consideration to the violation of the privacy of the person seizing the computer and other parties" (Explanatory Notes to the Proposed Law to Amend the Criminal Procedure Ordinance (Arrest and Search) (No. 11) (Search and Seizure of Computer Material), 5765-2005, H.H. Knesset 149,150); emphasis added - Y. A.).