From Shteif's testimony it appears that during the meeting it was she who initiated the contact between Hani and Yuli, and also the one who mediated between them in the meeting (para. p. 172, paras. 9-13). This was done by inviting Yuli to the table of the two and sharing with him about Chani's desire to break into the devices. And this is how things emerged from Shteif's testimony: "I look at Yuli who is busy with his phone and I call him to us, I tell Chani this is a good friend of mine, maybe he knows or knows, Chani tells him what the story is about the phones and he tells her Yuli Kiuli where the phones are, she gives him the address and he tells her I don't have time right now, I will send a messenger to bring the phones to me" (Par. p. 162, paras. 10-13; and see also: Hani's testimony at p. 226, paras. 16-20; Yuli's testimony at p. 318, paras. 12-16).
This conclusion is consistent with Yuli's version of the police: Yuli explained in his testimony to the police that "Hadas Shteif reminds me again and again that only if I can help her and if I succeed in opening them (the devices - A.S.) In order for her to know if there is material of journalistic value in them, then fine, and if I fail to help her, she asks me to return them to her as they are without involving additional external people" (P/23, paras. 56-60). This is a significant solicitation act on Hadas's part intended to motivate Yuli to complete the hacking of the phones that reached him and extract from them the information that would be used by her for the purpose of preparing the investigation she had worked on. All of this strengthens the conclusion that Steif was the main factor who weaved the threads in order to produce the information stored on the phones, with a deep understanding that the products would help all the partners achieve their goals, each according to his motives.
Therefore, I determine that Shteif was the main factor who initiated the relationship between Hani and Yuli, for the purpose of extracting the information from the phones that were in Chani's possession at the time. Shteif even coaxed Yuli to complete his mission, so that she could receive material information that would substantiate the journalistic investigation of Naveh's case. In view of her conduct, I reject Shteif's claim that she is not connected to and is not responsible for Yuli's activity in the matter.
- However, this is not the case. Another dispute relates to the question of who owned the telephones and the information that was stored in them. Before I address this dispute, I will emphasize that the preoccupation with the proprietary question, i.e., to whom the telephones belong, is secondary - the focus of the lawsuit in this case is on the issue of privacy and not on the proprietary issue. However, since the parties have devoted quite a bit of space to this issue in their arguments, I will address it below.
According to Naveh, these are his personal devices that were purchased by the Atias-Naveh law firm (hereinafter - The Office) which is in partnership between him and Adv. Elisha Attias (hereinafter - Adv. Attias). The telephones were used only by him. Thus, the telephone lines are registered in the name of the Ministry and the monthly payments for the use of the RTAN lines were also paid by the Ministry. According to him, the devices were protected by a password known only to him, and he did not give anyone permission to make any use of them.