/ 117

nternet, Privacy , and Progressive Halakhah —————————————————————————————————————————————— eee————— en©———————

legal sources. To be sure, the results of this sort of constructive interpretation are not necessarily“correct.” As our discussion of objectivity in legal studies suggests, the contention that the law or the halakhah ought to be read in one way or another is always open to debate and to refutation.” Nonetheless, it is precisely the task of the legal scholar to make such arguments. Those of us who study Jewish law, in short, have every right to make the case that the halakhic sources support a value called“personal privacy.” In Part 3, I turn to a consideration, from the standpoint of progressive halakhah, of the implications of the preceding sections. If the halakhah does recognize a value of personal privacy, what would that recognition specifically entail? What would be the content, of the Jewish law of privacy? Does that specific content change in the age of the Internet? Does the advent of the era of digital communication pose a set of challenges to personal privacy that differ essentially from those with which we have long been familiar? And, if so, what lines of response ought we to pursue?

In many respects, the halakhic approach to privacy would likely parallel the themes we encounter in general legal discourse, in which privacy law has assumed a largely defensive posture; its focus has been the protection of the individual’s home, persona, effects, and“private space” against unwarranted intrusion from other individuals, institutions, and governments. And to the extent that they have addressed themselves to such issues, progressive halakhists have in their responsa been quite vocal in the defense of personal privacy on Jewish legal grounds.” Consider, as an example, the following case, submitted to the CCAR Responsa Committee.” A rabbi is about to be tested for the genetic condition known as Huntington’s disease. If he tests positive, is he under an ethical obligation to share that information with his congregation and with any potential future employers? The Committee replied that the answer requires a balance between two halakhic values: on the one hand, the demand for integrity and the Prohibition against deceitful conduct(g neivat da at), which would argue in favor of full disclosure of the rabbi’s health information, and on the other hand“the concern which our tradition voices for