Section 23A of the Ordinance, in its original version, therefore emphasizes the need for an explicit judicial permit to conduct a search of computer material, without any reference to the right of the computer owner or the holder of the computer, or the manner in which the hearing of the application will take place.
- In 2005, Amendment No. 12 to the Ordinance (Law to Amend the Criminal Procedure Ordinance (Arrest and Search) (Amendment No. 12) (Search and Seizure of a Computer), 5765-2005; hereinafter: Amendment No. 12) was enacted, which amended, inter alia, section 23a(b). In its new version, the section states that a search of a computer requires an order by a judge "that explicitly states the permission to penetrate computer material or produce output, as the case may be, and specifies the purposes of the search and its conditions that will be determined in a manner that will not infringe on a person's privacy beyond what is required" (the changes in relation to the previous version are emphasized).
Amendment No. 12 therefore added, for the first time, an explicit reference to the violation of privacy involved in a search of computer material, and the explanatory notes to the proposed amendment were noted as follows:
"It is proposed to make additional amendments [to the Ordinance] [...] in order to strike a more appropriate balance between the needs of the investigation and the rights of the individual. The new balance is required mainly due to the technological development in the world of computers and the widespread use of them by private individuals [...] In practice, the court, when it issues search warrants, fills a uniform text that gives the police the authority to search and seize any document or object required for the investigation, including computers 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 (hereinafter: the explanatory notes to the proposed amendment No. 12)).