It has often been determined that a "smart" phone is a kind of computer, "containing thousands and tens of thousands of files" (Miscellaneous Criminal Applications 6071/17 State of Israel v. Fischer, paragraph 10 (Nevo, August 27,2017); Miscellaneous Criminal Applications 7917/19 Urich v. State of Israel Paragraphs 19-20 (Nevo 25.12.2019) are as follows - The Urich Matter)). The smartphone is no longer just a means of communication, but a central tool that accompanies a person in his daily life and serves as a repository of valuable personal information. The device stores memories and documentation of a person's personal life, along with contact details, correspondence, diaries, and information necessary for his ongoing functioning. It also serves as a gateway to access the user's digital assets, including e-mail accounts, social networks, financial applications, and means of payment. Due to the amount of private and sensitive information stored in it and its central role in managing a person's personal, social, and economic life, a smartphone can be seen as a kind of "mobile digital vault" of special importance (Criminal Appeal 8627/14 Dvir v. State of Israel Paragraph 7 (Nevo 14.7.2015) (hereinafter - The Dvir Matter)).
- Naveh explained in his testimony before me that the devices contained the "All the professional matters, the cell phone also included the office email, my private gmail, WhatsApp software, messages, I also had calls, all the professional conduct of the office passed through this device, conversations and correspondence with lawyers from the firm and outside it, there was a WhatsApp group of the firm, professional consultations, all my dealings with my partner, the management of the office, dealing with clients who would call the phone, sometimes even more than calling the office, also everything related to my private life. Relationship with friends and family, my marriage at that time was not at its best and we did not live exactly in a good relationship, so I had personal connections outside of marriage, it was also inside the cell phones, correspondence, calls, messages, in fact the cell phone had everything, all my life" (par. p. 77, s. 4-12). And also: As part of my public position, I had continuous contact with senior legal officials and also in politics. Sometimes on a daily basis with the Minister of Justice and the President of the Supreme Court at the time, the late Miriam Naor, all the communications with the President and the Minister were via the cell phone, we hardly spoke through the ministry. I was in contact with politicians, many judges, judicial candidates, senior lawyers and senior officials in the law enforcement system, such as the family appealer to the government" (Par. p. 80, paras. 9-13).
Naveh further explained that in order to protect the privacy of the devices, "all my devices were protected by a password that included letters and numbers, it was impossible to enter cell phones without knowing the password... and each device with a different password..." (Par. p. 77, paras. 21-24).
- This testimony was corroborated by a number of other evidentiary sources which can support it and increase its weight, as follows:
In cross-examination, Steif, Hani, Barkai and Kanti confirmed that the information extracted from the devices belonged to Naveh (para. p. 192, paras. 13-14, p. 244, paras. 15-16, p. 274, para. 2, p. 495, para. 15).