The two compact disks on which Anat Kam copied 2,000 secret documents and visual presentations from the office of the head of GOC Central Command have disappeared, Haaretz learned Monday.
The Shin Bet security service has searched the home of Kam, who has been accused of giving the documents to Haaretz reporter Uri Blau. The disks have also not been found in a search of the GOC Central Command offices.
"I was astounded by the inconceivable failure, as well the faulty and negligent data security arrangements," Judge Zeev Hammer said.
The Tel Aviv District Court on Monday allowed Haaretz to publish Hammer's February 10 ruling ordering Kam's detention under house arrest in Tel Aviv.
The February ruling stated that "one of the disks has disappeared and who knows where it is floating around and if it has gotten into someone's hands." A Haaretz investigation has found, however, that both disks are missing.
According to the indictment against Kam, at the time of her military service as a clerk in the office of Maj. Gen. Yair Naveh, she collected the documents in a special folder on her computer. Near the end of her army service, she asked another clerk in the office to copy the folder onto two disks, one with about 2,000 documents and another with visual presentations.
"No one asked questions or showed interest in why she needed the files of secret material on disks before her discharge," Hammer wrote.
Kam took the disk containing the documents home and copied it onto her own computer. According to the court ruling, Kam contended that she did not know what she did with the disk with the presentations - whether she left it with the army, took it home or discarded it. Haaretz has learned that Kam was questioned about this via a lie-detector test that showed she was telling the truth.
As a result of her testimony, the Shin Bet conducted its unsuccessful search. Hammer noted that Kam did not show interest in how or where Blau kept the documents or who had access to them.
In his decision, Hammer cited portions of Kam's interrogation by the Shin Bet in which she described Naveh's office as "an embarrassing office in terms of information security." She said there was "recklessness [regarding] anything that was there with respect to military documents."
Kam contended that she had not undergone any security background investigation. Nonetheless, she had access to all the most confidential and classified types of documents, Hammer wrote. He said she also had authorization to regularly use a computer containing classified information, from which she was able to easily copy documents onto another unsecure computer connected to a printer.
From there, the judge wrote, she was able to print the documents. He added that the ease with which Kam copied the documents does not affect the severity of her actions. "She violated the trust of the army and the trust of her commanders," Hammer wrote.
Regarding the prosecution's contention that Kam intended to harm state security, the judge wrote that a high probability of harm to state security was enough to attribute such intent.
Hammer also referred to Kam's testimony regarding her motives to give material to Blau. He quoted her as saying, "there were aspects of the [Israel Defense Forces'] activity in the territories that I thought should be brought to the knowledge of the public."
"[When] I copied the materials I thought that as far as history is concerned, people who have warned of war crimes, they are forgiven .... I hadn't managed to sufficiently change enough of the things that were important to me at the time of my army service, and I thought exposing them would bring about change, so it was important to me to bring the IDF's policy in the territories to the knowledge of the public."
She said she contacted Israeli journalists because she assumed the military censor "would not allow publication of any material that was especially highly classified or [involved] danger in their publication." The judge noted that under questioning, Kam had admitted that she knew of the practice of Israeli journalists to circumvent censorship by leaking information to the foreign media.
The judge said the Shin Bet did not at any stage believe that Kam posed a threat to the security of the public or state. It therefore agreed to detain her under house arrest rather than put her behind bars.
Among the conditions of her house arrest are that she not contact Blau or Yedioth Ahronoth reporter Yossi Yehoshua, to whom she tried to provide documents before she gave them to Blau.
Want to enjoy 'Zen' reading - with no ads and just the article? Subscribe todaySubscribe now