Finding a Right to Privacy in Halakhah

Over the past year, controversies concerning the collection of user data by Facebook and other websites have raised questions concerning the preservation of privacy in the digital age. The increasing ubiquity of security cameras and the advent of the so-called Internet of Things—systems that allow household appliances, doors, heating systems, and so forth to be controlled by laptop and cell phone—pose even greater privacy concerns. Examining traditional Jewish law, or halakhah, for a concept of the right to privacy, Aviad Hacohen and Gabi Siboni suggest that secular Israeli law could learn from it in dealing with these challenges:

The ban on infringing upon a person’s privacy is specifically mentioned in Jewish law in many contexts. . . . For example, the Mishnah states, “A person must not create an opening [in his own house] opposite an opening [in his neighbor’s], or a window opposite a window. If his opening or window is small, he must not make it larger. If there is one opening, he must not turn it into two openings.” . . . In his commentary on the Talmud, Rabbi Shmuel ben Meir explains that the ban on creating a new opening opposite the opening to his neighbor’s yard (or even a yard shared by both of them) is designed to prevent damage caused by looking into another person’s property; that is, infringement on another person’s privacy.

[The contemporary scholar] Eliyahu Lifshitz explains that the Mishnah shows that damage to privacy caused by opening a window opposite a shared yard is relative and not absolute damage. For this reason, there is no requirement to conceal an existing window, even a large one; it is merely forbidden to create a new window or enlarge an existing one. If the window existed even before the neighbors moved in, they cannot force the window-owner to change his situation; rather, they must take their own measures to prevent the infringement of their privacy. . . .

Jewish law took a more significant step in protecting a person’s privacy regarding personal documents—such as medical records, letters, and, nowadays, material stored on a personal computer—based on a ruling by Rabbi Gershom ben Judah, the greatest Jewish sage in Germany in the 10th century. Among other things, he enacted a ban against any person who reads someone else’s letters without permission, since doing so invades the letter-writer’s privacy. . . .

The general prohibition against infringing upon privacy as well as the specific prohibition against accessing another’s records without that person’s explicit consent are therefore deeply rooted in Jewish law. Accelerated technological development, the weaknesses of cyberspace, and difficulties in security pose new and exciting challenges to Jewish law concerning the application of ancient principles to our times—pouring the fine old wine of Jewish law into the new container of the legal system in Israel, whose values are both Jewish and democratic.

Read more at Institute for National Security Studies

More about: Facebook, Halakhah, Israeli law, Law, Rashbam, Technology

Oil Is Iran’s Weak Spot. Israel Should Exploit It

Israel will likely respond directly against Iran after yesterday’s attack, and has made known that it will calibrate its retaliation based not on the extent of the damage, but on the scale of the attack. The specifics are anyone’s guess, but Edward Luttwak has a suggestion, put forth in an article published just hours before the missile barrage: cut off Tehran’s ability to send money and arms to Shiite Arab militias.

In practice, most of this cash comes from a single source: oil. . . . In other words, the flow of dollars that sustains Israel’s enemies, and which has caused so much trouble to Western interests from the Syrian desert to the Red Sea, emanates almost entirely from the oil loaded onto tankers at the export terminal on Khark Island, a speck of land about 25 kilometers off Iran’s southern coast. Benjamin Netanyahu warned in his recent speech to the UN General Assembly that Israel’s “long arm” can reach them too. Indeed, Khark’s location in the Persian Gulf is relatively close. At 1,516 kilometers from Israel’s main airbase, it’s far closer than the Houthis’ main oil import terminal at Hodeida in Yemen—a place that was destroyed by Israeli jets in July, and attacked again [on Sunday].

Read more at UnHerd

More about: Iran, Israeli Security, Oil