Ministry of Palestinian Prisoners v. Minister of Defense

[This abstract is not part of the Court\u27s opinion and is provided for the reader\u27s convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.] The Petitions request shortening the periods of detention prescribed in the security legislation in the West Bank, including in the Order Regarding Security Provisions [Consolidated Version] (Judea and Samaria) (no. 1651), 5770-2009 (hereinafter: the “Order”), such that they match the periods applicable to Israeli citizens in the West Bank and those of detentions prescribed in Israel. The High Court of Justice (Justice E. Arbel, Justices Amit and Shoham concurring), issued a partial judgment as follows: The High Court of Justice discussed the constitutional human right to liberty and its importance in a democratic system. It further discussed the right to due process before denying one’s liberty. The Court found it warranted that such person be able to respond and make arguments prior to restrictions on such a fundamental right. Additionally, the High Court of Justice discussed the public interests in exposing criminals and preventing crime, as well as thwarting security offenses. Therefore, it is necessary to strike a balance in the constant tension between security and protecting suspects’ rights that exists in the Israeli reality. On the one hand, a proper legal procedure is an essential element in ensuring the proportionality and constitutionality of a detention for interrogation purposes. In principle, the suspect’s appearance before a judge should not be viewed as an obstacle but rather as a fundamental requirement for an effective and constitutional detention for interrogation purposes. This follows from the customary fundamental approach that judicial review is inherent to the detention process. Therefore it is necessary to adjust interrogation methods to interruptions that allow an effective and fair judicial procedure to take place. On the other hand, the security legislation was created in light of a complex security situation in a territory under belligerent occupation (occupatio bellica), where special security conditions dictate establishing arrangements that are different than those in the occupying state. This reality has, inter alia, resulted in the detention of Palestinian suspects prior to being brought before a judge, for periods of time that are longer than those of Israeli suspects. During the course of the Petition’s proceedings, the Respondents took a far-reaching approach to shortening the periods of detention such that they would more closely match the detention periods in Israel. Such change would aim to reduce, as much as possible, the infringement of Palestinian detainees’ rights. Considering the distinctions inherent in the different conditions between Israel and the West Bank, and in light of the dramatic changes that were made, whose “on the ground” implementation must be examined over time, the High Court of Justice ruled that in terms of the maximum periods of pre-indictment detention of adults suspected of committing security offenses, and in the scope of offenses that are defined as security offenses, the Petitions were exhausted and therefore are to be dismissed. However, with respect to the periods of detention of minors, the periods of detention of adults suspected of other offenses, and the period of detention until the end of proceedings (of minors and adults, in all classifications of offenses) the High Court of Justice ordered the Respondents to file an update notice

Carbon dynamics and energy recovery in a novel near-zero waste aquaponics system with onsite anaerobic treatment

Aquaponics is gaining renewed interest to enhance food security. This study aimed to investigate the performance of a novel off-grid aquaponics system with near-zero water and waste discharge, focusing on the carbon cycle and energy recovery that was achieved by the addition of onsite anaerobic treatment of the solid waste streams. Following a stabilization stage, the system was closely monitored for four months. Fish tank water was recirculated via solid and nitrification reactors, from which 66% was recycled to the fish tank directly and 34% indirectly through the hydroponically grown plants. Fish solid waste was anaerobically treated, energy was recovered, and the nutrient-rich supernatant was recycled to the plants to enhance production. Plant waste was also digested anaerobically for further recovery of energy and nutrients. Fish stocking density was 15.3 and over time reached approximately 40 kg/m3 where it was maintained. Feed (45% protein content) was applied daily at 2% of body weight. Typical fish performance was observed with a survival rate >97% and feed conversion ratio of 1.33. Lettuce production was up to 5.65 kg/m2, significantly higher than previous reports, largely because of high nutrients reuse efficiency from the anaerobic supernatant that contained 130 and 34 mg/L N and P, respectively. Of the feed carbon, 24.5% was taken up by fish biomass. Fish solid wastes contained 38.2% carbon, of which 91.9% was recovered as biogas (74.5% CH4). Biogas production was 0.84 m3/kg for fish sludge and 0.67 m3/kg for dry plant material. CO2 sequestration was 1.4 higher than the feed carbon, which reduced the system's carbon footprint by 64%. This study is the first to demonstrate highly efficient fish and plant production with near-zero water and waste discharge and with energy recovery that can potentially supply the system's energy demand.publishedVersio

Not All Similarities Are Created Equal: Leveraging Data-Driven Biases to Inform GenAI Copyright Disputes

The advent of Generative Artificial Intelligence (GenAI) models, including GitHub Copilot, OpenAI GPT, and Stable Diffusion, has revolutionized content creation, enabling non-professionals to produce high-quality content across various domains. This transformative technology has led to a surge of synthetic content and sparked legal disputes over copyright infringement. To address these challenges, this paper introduces a novel approach that leverages the learning capacity of GenAI models for copyright legal analysis, demonstrated with GPT2 and Stable Diffusion models. Copyright law distinguishes between original expressions and generic ones (Sc\`enes \`a faire), protecting the former and permitting reproduction of the latter. However, this distinction has historically been challenging to make consistently, leading to over-protection of copyrighted works. GenAI offers an unprecedented opportunity to enhance this legal analysis by revealing shared patterns in preexisting works. We propose a data-driven approach to identify the genericity of works created by GenAI, employing "data-driven bias" to assess the genericity of expressive compositions. This approach aids in copyright scope determination by utilizing the capabilities of GenAI to identify and prioritize expressive elements and rank them according to their frequency in the model's dataset. The potential implications of measuring expressive genericity for copyright law are profound. Such scoring could assist courts in determining copyright scope during litigation, inform the registration practices of Copyright Offices, allowing registration of only highly original synthetic works, and help copyright owners signal the value of their works and facilitate fairer licensing deals. More generally, this approach offers valuable insights to policymakers grappling with adapting copyright law to the challenges posed by the era of GenAI.Comment: Presented at ACM CSLAW 202

Onset of a pandemic: characterizing the initial phase of the swine flu (H1N1) epidemic in Israel

<p>Abstract</p> <p>Background</p> <p>The swine influenza H1N1 first identified in Mexico, spread rapidly across the globe and is considered the fastest moving pandemic in history. The early phase of an outbreak, in which data is relatively scarce, presents scientific challenges on key issues such as: scale, severity and immunity which are fundamental for establishing sound and rapid policy schemes. Our analysis of an Israeli dataset aims at understanding the spatio-temporal dynamics of H1N1 in its initial phase.</p> <p>Methods</p> <p>We constructed and analyzed a unique dataset from Israel on all confirmed cases (between April 26 to July 7, 2009), representing most swine flu cases in this period. We estimated and characterized fundamental epidemiological features of the pandemic in Israel (e.g. effective reproductive number, age-class distribution, at-risk social groups, infections between sexes, and spatial dynamics). Contact data collected during this stage was used to estimate the generation time distribution of the pandemic.</p> <p>Results</p> <p>We found a low effective reproductive number (<it>R</it>_{<it>e </it>}= 1.06), an age-class distribution of infected individuals (skewed towards ages 18-25), at-risk social groups (soldiers and ultra Orthodox Jews), and significant differences in infections between sexes (skewed towards males). In terms of spatial dynamics, the pandemic spread from the central coastal plain of Israel to other regions, with higher infection rates in more densely populated sub-districts with higher income households.</p> <p>Conclusions</p> <p>Analysis of high quality data holds much promise in reducing uncertainty regarding fundamental aspects of the initial phase of an outbreak (e.g. the effective reproductive number R_e, age-class distribution, at-risk social groups). The formulation for determining the effective reproductive number <it>R</it>_{<it>e </it>}used here has many advantages for studying the initial phase of the outbreak since it neither assumes exponential growth of infectives and is independent of the reporting rate. The finding of a low <it>R</it>_{<it>e </it>}(close to unity threshold), combined with identification of social groups with high transmission rates would have enabled the containment of swine flu during the summer in Israel. Our unique use of contact data provided new insights into the differential dynamics of influenza in different ages and sexes, and should be promoted in future epidemiological studies. Thus our work highlights the importance of conducting a comprehensive study of the initial stage of a pandemic in real time.</p

Bezafibrate treatment is associated with a reduced rate of re-hospitalization in smokers after acute coronary syndrome

Background: Significantly increased rate of hospitalizations in current smokers is a major smoking-related problem which is associated with a heavy economic burden, whereas car­diovascular disease accounted for nearly half of hospitalizations. The effect of bezafibrate on the rate of re-hospitalization in smokers already treated with statin immediately post-acute coronary syndrome (ACS) is unknown. The aim of this study was to investigate 30-day rate of re-hospitalization in current smokers participating in the ACS Israeli Surveys (ACSIS) and who were treated on discharge with a bezafibrate/statin combination vs. statin alone. Methods: The study population comprised 3392 patients with confirmed current smoking status from the ACSIS 2000, 2002, 2004, 2006, 2008 and 2010 enrollment waves who were alive on discharge and received statin. Of these, 3189 (94%) were discharged with statin alone, 203 (6%) with a combination of a statin and bezafibrate. Results: Thirty-day re-hospitalization rate was significantly lower in patients from the com­bination group than in their counterparts from the statin monotherapy group: 12.8% vs. 19%, p = 0.028. Multivariable analysis identified the combined bezafibrate/statin treatment as an independent predictor of reduced risk of 30-day re-hospitalization rate with odds ratio (OR) 0.53 (95% confidence interval [CI] 0.31–0.91), and it corresponded to 47% risk reduction. Other significant variables in our model associated with independent risk of 30-day re-hospi­talization rate during the follow-up were female gender (OR 1.43, CI 1.05–1.95, p = 0.03) and age &gt; 65 years (OR 1.49, CI 1.13–1.95, p = 0.004). Conclusions: Adding bezafibrate to statin in smokers was associated with a significantly reduced 30-day rate of re-hospitalization after ACS.

Emergency department point-of-care ultrasonography improves time to pericardiocentesis for clinically significant effusions

Objective Our objective was to determine the utility of point-of-care ultrasound (POCUS) to identify and guide treatment of tamponade or clinically significant pericardial effusions in the emergency department (ED). Methods This was a retrospective cohort study of non-trauma patients who were diagnosed with large pericardial effusions or tamponade by the ED physician using POCUS. The control group was composed of those patients later diagnosed on the medical wards or incidentally in the ED by other means such as a computed tomography. The following data were abstracted from the patient’s file: demographics, medical background, electrocardiogram results, chest radiograph readings, echocardiogram results, and patient outcomes. Results There were 18 patients in the POCUS arm and 55 in the control group. The POCUS arm had a decreased time to pericardiocentesis (11.3 vs. 70.2 hours, P=0.055) as well as a shorter length of stay (5.1 vs. 7.0 days, P=0.222). A decreased volume of pericardial fluid was drained (661 vs. 826 mL, P=0.139) in the group diagnosed by POCUS. Conclusion This study suggests that POCUS may effectively identify pericardial effusions and guide appropriate treatment, leading to a decreased time to pericardiocentesis and decreased length of hospital stay. Pericardial tamponade or a large pericardial effusion should be considered in all patients presenting to the ED with clinical, radiographic, or electrocardiographic signs of cardiovascular compromise

PSMA PET/CT to evaluate response to SBRT for prostate cancer bone metastases

Background: In the current study we evaluated 68Ga PSMA PET/ CT to measure local control of bone metastasis in oligometastatic prostate cancer patients treated with SBRT.  Materials and methods: After the institutional review board approval, a retrospective review of medical records of consecutive prostate cancer patients treated between 2014 and 2018 was conducted. Only medical records of patients that were treated with SBRT for bone metastasis and had pre-and post-SBRT 68Ga PSMA PET/CT scans were included in our study. Data extracted from the medical files included patient-related (age), disease-related (Gleason score, site of metastasis), and treatment-related factors and outcomes. Results: During the study period, a total of 12 patients (15 lesions) were included, with a median age of 73 years. The median follow-up was 26.5 months (range 13–45 months). Median time of 68Ga PSMA PET/ CT follow up was 17.0 months (range 3–39 months). The median pre-treatment PSA was 2 ng/mL (range 0.56–44 ng/mL) vs. post treatment PSA nadir of 0.01 ng/mL (0.01–4.32) with a median time to nadir of 7 months (range, 2–12). Local control was 93% during the follow up period and there was correlation with PSMA avidity on PET. None patients developed recurrences in the treated bone. None of the patients had grade 3 or more toxicities during follow-up. Conclusions: SBRT is a highly effective and safe method for treatment of prostate cancer bone metastases. More studies are required to determine if SBRT provides greater clinical benefit than standard fractionation for oligometastatic prostate cancer patients. 68Ga PSMA PET/CT should be further investigated for delineation and follow-up