Israel Hayom | Israel Medical Association opposes force-feeding law

In another story related to coercion of medical procedures, there is this story from Israel Hayom (see prior related posts here, here and here). The proposed law would require doctors to force-feed hunger strikers. If a certain doctor refuses, he would be obligated to transfer the care of the patient to another doctor. There are potentially two people being coerced here, the hunger strikers and the doctors.

According to the article, the Chairman of the Israeli Medical Association claims that this clause would cause doctors to violate the Israeli code of medical ethics. But I am not certain how. Perhaps the relevant clauses are on page 24:

k) The right to continue proper medical treatment 

1. The physician shall respect the patient's right to continue medical treatment with another physician or as part of some other medical arrangement. 

2. The physician shall respect the patient's right to receive continuous treatment, with full cooperation from the physicians treating him. 

If the patient has the right to switch doctors, presumably he has the right to keep his current doctor (who refuses to force-feed him).

I never quite understood the issue with hunger strikes. How exactly do the strikers force their captors or others to release them by not eating? According to Wikipedia, it works mainly by guilt or public perception. The jailing entity does not want to suffer the public outcry that would result from the death of the prisoners while incarcerated. I guess it just depends on the will of the jailor and the striker. 

Israel Hayom | Court orders teen to undergo chemo against rabbi's advice

In the past, I have written about the courts mandating medical treatment, see here and here.

Israel Hayom is reporting a case where the court is ordering a boy to go undergo chemotherapy and radiation treatment for his leukemia. According to the article, the boy was treated in the past and his cancer was in remission. His doctors are saying it has returned by the boy and his family are refusing treatment, according to the article, on the advice of their rabbi. 

"If they could prove that this treatment is necessary, we would agree to it," said the boy's father.

It is not clear from the article whether the rabbi has seen the medical report.

See here for an article entitled How A Rabbi Decides A Medical Halacha Issue by Rabbi Yitzchok A. Breitowitz.

US Citizens Living Abroad Must Report Foreign Bank Accounts to the IRS

http://www.hacohenwolf.com/fatca-what-is-fatca?utm_source=a4

Israel Hayom | In the race for chief rabbi job, pesky laws get in the way

Apparently there is some opposition to changing the law regarding the age and term limits for the Chief Rabbi position. The move to change the law is motivated by the desire of some MKs to have Rav Yaakov Ariel serve as the Ashkenazic Chief Rabbi although he is over the age of 70 and to have Rav Shlomo Amar to serve a second term as Sephardi Chief Rabbi.

I also oppose the change. The original law prevents anyone over the age of 70 from running for the position of Chief Rabbi and limits him to one term. To change the law to allow a certain candidate to serve in the position strikes me as uncivilized. Mayor Bloomberg did it and dictators do it all the time.

That being said, I don't remember the Knesset members raising such a fuss when they they passed a similar law to allow Justice Grunis to become the President of the Supreme Court.

Israel Hayom | Israel airport guards may ask 'suspicious' tourists to open their email accounts

This is pretty interesting/disturbing. But I wonder, now that this is public knowledge, terrorists who want to harm Israel can easily evade this security measure by having multiple email accounts and giving the password to one of them to security staff and not telling them about the others. Or I bet there are a hundred different ways to get around this.

Israel airport guards may ask 'suspicious' tourists to open their email accounts

Israel Hayom Staff

Foreign citizens visiting Israel may be asked to open their email accounts for airport security when they land at Ben-Gurion International Airport, the Attorney-General's Office stated Wednesday in response to a petition by a leading Israeli civil rights group.

"The threat of using foreign citizens for terrorist purposes is a growing trend," the Attorney-General's Office warned, in a missive to the Association for Civil Rights in Israel, which had petitioned the Justice Ministry to overrule such invasive security measures. "Searching an email account is to be carried out in exceptional cases only after suspicious or pertinent information has been identified [by Shin Bet personnel]."

Though the Israel Security Agency [Shin Bet] can request access to an email account before the passenger passes customs and leaves the airport, it cannot demand passwords or personal information that would allow the agency itself to access private accounts. Rather, Shin Bet staff may ask the traveler to open his or her account in view of security personnel, who can then check emails for incriminating evidence that may be relevant to issues of public or national security, wrote lawyer Nadim Avod writing on behalf of the Attorney-General's Office.

In addition, the traveler can refuse access to his or her personal email to security personnel, but Shin Bet agents at Ben-Gurion airport can consequently deny the traveler entry to Israel. Avod cited the law of entry to Israel, written in 1952, which states that a foreigner does not have the explicit right to enter the country. The relevant authorities -- in this case the Shin Bet -- decide who can enter and who cannot, the statement explained, and in such cases of exceptional suspicion, access to private email may be required.

The Attorney-General's Office was responding to a petition by ACRI, which said that asking for passwords to email or social media accounts is against Israeli law. ACRI asked the Justice Ministry to clarify its position after reports in various media, such as The Associated Press, reported that airport security personnel had demanded Arab travelers open their email accounts.

The Associated Press reports that "The [Shin Bet] agent, suspecting [Sandra] Tamari was involved in pro-Palestinian activism, wanted to inspect her private email account for incriminating evidence. The 42-year-old American of Palestinian descent refused and was swiftly expelled from the country."

ACRI attorney Lila Margalit said, “Invading a computer or an email account constitutes a grave violation of privacy and dignity."

The Attorney-General's Office seemed to agree that requesting a password would be illegal, but stressed that the incidents in question were exceptional cases where security personnel did not ask for passwords, but rather asked the traveler to log in so his or her accounts could be surveyed.

Similar issues have been litigated in the US. See here for a discussion of a case where a party was ordered by the court to turn over his social media passwords. And see here for a discussion of your right to protect sensitive data (from 2011).

See here for tips on how to hide your data from law enforcement.

Calcalist: One Quarter of Lawyers in Israel Make Less than the Average Wage

According to this hebrew article 10% of lawyers in Israel gross less than 5,667 NIS per month. Another 10% make between 5,667 and 8,500 NIS per month. The average income across professions is 9,100 NIS per month.

Greenberg Traurig recently opened an office in Tel Aviv and now they've started a blog relating to laws effecting companies doing business in Israel. We wish them lots of luck here.