Israel's Spyware Law: A Step Towards Authoritarianism?

Abstract

In November 2024, the Israeli Knesset preliminarily approved the controversial Spyware Law, granting expanded surveillance powers to the police. While presented as a measure to combat crime and terrorism, it has faced sharp criticism for undermining civil liberties. Critics warn that, alongside inadequate oversight and outdated laws, this bill poses a serious threat to Israel’s democracy. The proposed law authorises the use of court-approved surveillance technology for serious offences punishable by ten years or more in prison, where covert searches are crucial to effectively investigate and prevent criminal acts. However, offences related to public integrity, such as corruption, are excluded. The proposed law risks being exploited to target demonstrators under Section 157 of the Penal Code. The proposed law can be viewed as yet another attempt by the Minister of National Security, Itamar Ben-Gvir of the far-right Otzma Yehudit party, to consolidate police authority under his leadership, while circumventing and undermining the role of existing intelligence bodies. Both the Public Defender's Office and the Attorney General strongly oppose the law, deeming it a significant threat to democratic values and the rule of law. Since October 7th, judicial-reform efforts have shifted towards advancing smaller legislative proposals instead of comprehensive laws, strategically straining legal advisers and the opposition while minimising public backlash.