Cybercrime Extradition Defence

Israeli Cybercrime Extradition Defence Lawyers

Defending Israeli tech professionals, security researchers, and digital entrepreneurs against US CFAA charges, hacking allegations, and international computer crime extradition requests. We challenge technical evidence, invoke research exemptions, and secure Red Notice deletions through the CCF.

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5714-1954

Israeli Extradition Law

Levels of judicial review

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Urgent Cybercrime Extradition Assessment

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Protecting Israeli Tech Professionals from International Prosecution

At a Glance

Expert Cybercrime Extradition Defence

Further Protecting Israeli Tech Professionals from International Prosecution

The Problem

Risks Without Specialist Cybercrime Defence

Our Solution

Protection With Expert Cybercrime Extradition Lawyers

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How We Handle a Cybercrime Extradition Case

Emergency Arrest Response & Red Notice Analysis

Within 24 hours of contact, we obtain the Interpol Red Notice, analyze the underlying foreign arrest warrant (US FBI, UK NCA, Europol), and assess dual criminality under Israeli Computer Law 5755-1995 and Penal Law 5737-1977. If client is detained, we immediately file for bail at the Tel Aviv or Jerusalem District Court under Section 10 of the Extradition Law, emphasizing ties to Israel, no flight risk, and weak dual criminality. Simultaneously, we prepare the CCF application challenging the Red Notice under Article 3 ICPO Constitution (political/discriminatory grounds) and RPED Article 83 (proportionality, data accuracy). Average response time: 3-7 days from initial contact to filed motions.

Technical Evidence Review & Dual Criminality Assessment

Our team, working with independent technical experts, reviews the foreign charging documents and technical allegations (IP logs, server access records, forensic reports). We assess whether the alleged conduct constitutes a crime under Israeli Computer Law Sections 4-5 (unauthorized access, interference), Copyright Law 5768-2007, Trade Secrets Law 5765-2005, or Fraud and Breach of Trust provisions in the Penal Law. Many CFAA cases fail dual criminality because Israeli law requires proof of malicious intent (תכלית פסולה) absent in security research. We prepare expert affidavits from Israeli cyber law professors and technical witnesses for submission to the District Court.

CCF Application & Interpol Red Notice Deletion

We file the detailed CCF application with the Commission for the Control of Interpol's Files in Lyon, citing Article 3 ICPO Constitution (non-intervention in political/commercial disputes), RPED Articles 74-83 (data quality, proportionality), and specific defects in the requesting state's process. In cybercrime cases, we emphasize: (1) requesting state's vague definition of hacking capturing lawful research; (2) political motivation or trade protection (common in US cases against Israeli competitors); (3) absence of fair trial guarantees (US plea bargain pressure, excessive sentences). Timeline: Interpol acknowledges within 2-4 weeks, issues preliminary decision in 3-5 months, final decision after any state objections in 5-9 months.

Extradition Hearing Defence at District Court

If extradition proceedings advance (usually 6-12 months after arrest), we defend at the Tel Aviv or Jerusalem District Court under the Extradition Law 5714-1954. Key arguments: (1) Section 3 political offense exception (cyber-espionage allegations often mask commercial disputes); (2) Section 4 dual criminality failure; (3) Section 11 inadequate foreign evidence (hearsay, no probable cause under Israeli standards); (4) Human rights violations (Basic Law: Human Dignity and Liberty, ECHR Article 8) due to family separation or disproportionate sentencing. We cross-examine foreign law enforcement via video link and present Israeli cyber law experts. District Court issues reasoned decision; if extradition ordered, we immediately appeal to Israeli Supreme Court.

Supreme Court Appeal & Post-Decision Protection

Appeals to the Israeli Supreme Court focus on legal errors, human rights violations, and misapplication of dual criminality standards. The Court sits in panels of 3-5 justices and issues binding precedent. In parallel, we coordinate with the Israeli Ministry of Justice (which must approve extradition even if courts allow it) and, if necessary, the Attorney General. Post-decision, we assist clients with: (1) travel ban removal in non-requesting countries; (2) media strategy to protect professional reputation; (3) coordination with foreign counsel if client chooses voluntary surrender with negotiated terms. If Red Notice deleted via CCF, we secure confirmation letters for border control and monitor for re-issuance attempts by requesting states.

5714-1954

Governing statute

Extradition for computer-crime allegations is decided under the Extradition Law 5714-1954, including the dual-criminality requirement.

Art. 3

ICPO Constitution

A related INTERPOL notice can be challenged as political in character under Article 3.

Levels of judicial review

A request is heard by the District Court, with a right of appeal to the Supreme Court of Israel.

CCF decision deadline

The Commission for the Control of INTERPOL’s Files decides an admissible request concerning data within nine months.

Expert Cybercrime Extradition Team

Israeli Lawyers Who Understand Both Code and Law

Adv. Dr. Anatoliy Yarovyi

Doctor of Law — ECHR, Interpol & International Criminal Defence

Doctor of Law with Master’s degrees in law from Lviv University and Stanford University. Represents clients before the ECHR and in INTERPOL matters — extradition, data protection and freedom of movement. English, Ukrainian, Russian.

ECHRINTERPOLExtradition

Adv. Dmytro Konovalenko

Interpol Proceedings & International Law

Member of the International Association of Lawyers. Works on INTERPOL matters — CCF deletion applications, Red Notice and diffusion challenges, and preventive measures before a notice is issued.

Red NoticeCCFDiffusions

Official sources

This page explains general legal procedure and is not legal advice. Outcomes depend on the facts of each case.

Common Questions

Cybercrime Extradition Defence FAQs

What is the US Computer Fraud and Abuse Act (CFAA) and why do Israeli tech professionals face extradition under it? +

The US Computer Fraud and Abuse Act (18 U.S.C. § 1030) is a federal criminal statute prohibiting unauthorized access to computers, exceeding authorized access, and causing damage to computer systems. Originally intended to address hacking, the CFAA has been expanded by US courts to cover activities Israeli professionals consider lawful: penetration testing, security vulnerability research, web scraping, API access, and competitive intelligence gathering. Israeli cybersecurity researchers, software developers, and digital marketers face CFAA-based extradition requests when their work involves US-based servers, cloud infrastructure, or companies. Under the Extradition Law 5714-1954, Israeli courts must assess dual criminality—whether the alleged conduct also violates Israeli Computer Law 5755-1995 Sections 4-5, which require proof of malicious intent (תכלית פסולה) generally absent in research or competitive activities. We successfully challenge CFAA extradition requests by demonstrating the conduct is lawful in Israel, that US prosecution is politically or commercially motivated (triggering Article 3 ICPO Constitution protections), or that Israeli courts should refuse extradition under Basic Law: Human Dignity and Liberty due to disproportionate US sentencing (CFAA violations carry up to 20 years imprisonment). Our CFAA defence combines dual criminality arguments with CCF Red Notice deletion applications.

How does Israeli Computer Law differ from US and European cybercrime statutes in ways that help my extradition defence? +

Israeli Computer Law 5755-1995 is significantly narrower than the US CFAA, UK Computer Misuse Act 1990, and EU Directive 2013/40/EU. Section 4 prohibits unauthorized access to computer material, but Israeli courts require proof of: (1) actual lack of authorization (not merely exceeding implied limits); (2) malicious intent or purpose; and (3) material harm or intent to harm. Section 5 prohibits interference with computer material, again requiring malicious intent. In contrast, the US CFAA criminalizes 'exceeding authorized access' even when initial access was lawful, and does not always require proof of malicious intent (especially under 18 U.S.C. § 1030(a)(2)). This divergence creates dual criminality failures under Extradition Law Section 4: if your alleged conduct would not violate Israeli Computer Law because you lacked malicious intent or caused no harm, Israeli courts will refuse extradition. Similarly, legitimate security research activities protected under Israeli law (often analogized to the Wassenaar Arrangement's security research exemptions) cannot support extradition even if criminalized abroad. We leverage these statutory differences by presenting expert testimony from Israeli cyber law professors and former prosecutors demonstrating the absence of criminal liability under Israeli law, combined with evidence that requesting states are misapplying vague statutes to suppress competition or punish lawful research. This dual criminality defence is central to our cybercrime extradition work before the Tel Aviv and Jerusalem District Courts.

Can Interpol issue a Red Notice for hacking or cybercrime allegations, and how do I get it removed? +

Yes, Interpol regularly issues Red Notices for cybercrime allegations at the request of member countries, particularly the US (via FBI), UK (via NCA), Germany (via BKA), and France (via Police Nationale). However, many cybercrime Red Notices violate Article 3 of the ICPO Constitution, which prohibits Interpol intervention in matters of a political, military, religious, or racial character. We successfully argue that cybercrime Red Notices are 'political' or 'commercial' (thus prohibited) when: (1) the requesting state is protecting domestic companies from foreign competition (common in web scraping, API access, and data aggregation cases); (2) prosecution is motivated by geopolitical tensions (e.g., US prosecution of Israeli intelligence-sector alumni); or (3) the alleged conduct involves security research, vulnerability disclosure, or activities lawful in Israel and most democracies. To remove a cybercrime Red Notice, we file a detailed application with the Commission for the Control of Interpol's Files (CCF) in Lyon, citing Article 3 violations and RPED (Rules on the Processing of Data) Articles 74-83 concerning data accuracy, proportionality, and respect for human rights. We submit evidence demonstrating: lack of dual criminality with Israeli law; requesting state's vague or discriminatory application of computer crime statutes; absence of fair trial guarantees; and disproportionate sentencing. The CCF reviews applications in 3-9 months, with preliminary decisions often within 3-5 months. Once deleted, Interpol instructs all member countries to remove the alert from their databases, restoring international travel freedom.

What are my rights if I am arrested at Ben Gurion Airport on a cybercrime Red Notice? +

If detained at Ben Gurion Airport or any Israeli location on an Interpol Red Notice for cybercrime allegations, you have immediate rights under Israeli law and the Criminal Procedure Law (Nusach Hadash) 5742-1982. First, you have the right to consult a lawyer before any questioning—invoke this immediately and contact our emergency line. Israeli Border Police must notify the State Attorney's Office within 24 hours, which then files an extradition request with the Tel Aviv or Jerusalem District Court under the Extradition Law 5714-1954. Within 48-72 hours, you appear before a judge for a detention hearing. You have the right to apply for bail under Section 10 of the Extradition Law; the court assesses flight risk, severity of allegations, and ties to Israel. In cybercrime cases, we successfully argue for bail by emphasizing: (1) dual criminality doubts (alleged conduct not criminal in Israel); (2) strong family and professional ties in Israel; (3) willingness to surrender passport and report regularly; and (4) weak foreign evidence (often based on IP addresses or circumstantial digital forensics). If bail is denied, you remain in detention pending the extradition hearing, which typically occurs within 6-12 months. During this period, we simultaneously file CCF applications to delete the Red Notice and prepare dual criminality defences for the District Court. You also have rights under Basic Law: Human Dignity and Liberty, including protection from degrading treatment, right to family contact, and access to medical care. Our firm provides 24/7 emergency response: we attend detention hearings within hours, file immediate bail applications, and commence Red Notice challenges within 3-7 days of initial contact.

How long does cybercrime extradition litigation take in Israeli courts, and what are the possible outcomes? +

Cybercrime extradition proceedings in Israel typically span 8-18 months from arrest to final judicial decision, though complex cases involving significant technical evidence or appeals can extend to 24 months. The process unfolds in stages: (1) Initial detention and bail hearing within 48-72 hours of arrest; (2) State Attorney files formal extradition request with Tel Aviv or Jerusalem District Court within 2-4 weeks; (3) Evidentiary hearings and legal arguments occur over 4-8 months, during which we challenge dual criminality, submit expert testimony on Israeli Computer Law, and raise human rights defences; (4) District Court issues a reasoned decision, typically 2-4 months after final hearing; (5) If extradition is ordered, we immediately appeal to the Israeli Supreme Court, which hears appeals within 4-8 months and issues final binding decisions. Possible outcomes include: (1) Complete refusal of extradition based on dual criminality failure, political offense exception (Section 3), or human rights grounds—achieved; (2) Extradition allowed but with conditions imposed by the Israeli court (e.g., limits on charges, sentencing caps, humane detention guarantees); (3) Extradition allowed subject to Israeli Minister of Justice approval, who may still refuse on policy grounds even after court authorization. Parallel to court proceedings, our CCF applications to delete the Red Notice proceed independently in 5-9 months. If the CCF deletes the Red Notice, requesting states often withdraw extradition requests due to lack of international cooperation mechanism.

What is the 'dual criminality' requirement in Israeli extradition law, and how does it protect security researchers and tech professionals? +

Dual criminality is a foundational principle of Israeli extradition law codified in Section 4 of the Extradition Law 5714-1954: Israel will not extradite unless the alleged conduct constitutes a crime under both the requesting state's law and Israeli law. For cybercrime cases, this means the conduct must violate Israeli Computer Law 5755-1995, Israeli Penal Law 5737-1977, or other applicable Israeli criminal statutes. Israeli courts apply strict dual criminality analysis, examining the specific facts alleged rather than merely comparing offense labels. This protects Israeli tech professionals because: (1) Israeli Computer Law Sections 4-5 require proof of malicious intent (תכלית פסולה) and actual harm or risk of harm—elements often absent in security research, penetration testing, competitive intelligence, or data scraping; (2) Activities protected under Israeli law as legitimate business practices (e.g., accessing publicly available APIs, analyzing competitors' websites, vulnerability disclosure) cannot support extradition even if criminalized under expansive US CFAA or UK Computer Misuse Act interpretations; (3) Israeli courts recognize international norms including Wassenaar Arrangement principles protecting security research and vulnerability disclosure, while requesting states may criminalize these same activities. In practice, we defeat extradition requests by presenting detailed expert affidavits from Israeli cyber law professors, former prosecutors, and technical experts demonstrating: the alleged conduct does not meet Israeli Computer Law's malicious intent requirement; no Israeli statute criminalizes the specific activity (e.g., exceeding implied authorization vs. actual unauthorized access); and prosecuting such conduct in Israel would violate Israeli prosecutorial guidelines and public policy favoring innovation. The Tel Aviv and Jerusalem District Courts have repeatedly refused cybercrime extradition on dual criminality grounds in our cases, with the Israeli Supreme Court affirming these refusals and establishing binding precedent protecting Israeli tech sector professionals from vague foreign computer crime statutes.

24/7 Emergency Cybercrime Defence

Facing a Red Notice or Extradition Request for Hacking or Computer Crime?

Every hour matters when facing detention at Ben Gurion Airport or an active Interpol alert. Our cybercrime extradition specialists are available around the clock to protect your freedom, your career, and your reputation.

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