Google and Amazon were forced to secretly sidestep legal orders from foreign authorities as part of a massive $1.2 billion cloud-computing deal with Israel in 2021.
The unusual demand came about due to concerns that data moving into the global corporations' cloud platforms could end up in the hands of law enforcement agencies abroad, threatening Israel's control over its own data. In response, Israeli officials created a secret warning system: the companies must send hidden signals - referred to as "winks" - to the government whenever they disclose Israeli data to foreign courts or investigators.
The agreement, known as Project Nimbus, is a flagship initiative by Israel to store information from across the public sector and military in commercially owned datacentres. To clinch the lucrative contract, Google and Amazon agreed to use the winking mechanism, according to leaked documents seen by The Guardian.
This system requires the companies to send payments - referred to as "special compensation" - to the Israeli government when they have disclosed Israeli data to foreign authorities. These payments must be made within 24 hours of the information being transferred, and correspond to the telephone dialing code of the country in question.
If either Google or Amazon provides information to US authorities, for example, and are prevented from disclosing their cooperation, they must send 1,000 shekels to the Israeli government. If they receive a request for Israeli data from Italy, for instance, they must send 3,900 shekels. There is also a backstop: if the companies conclude that gag orders prevent them from even signaling which country has received the data, there is a penalty of 100,000 shekels ($30,000).
Experts described this arrangement as a "clever" workaround that could comply with the letter of the law but not its spirit. "It's kind of brilliant, but it's risky," said a former senior US security official.
The provisions inserted into the Nimbus agreement also prohibit Google and Amazon from restricting access to their cloud platforms for Israeli agencies or military units. This means that even if Israel were found to have violated its terms of service, Google and Amazon cannot simply cut off their access to these services.
In essence, this arrangement appears to be a way for Israel to sidestep accountability for potential human rights abuses linked to the use of technology in occupied Palestinian territories.
The unusual demand came about due to concerns that data moving into the global corporations' cloud platforms could end up in the hands of law enforcement agencies abroad, threatening Israel's control over its own data. In response, Israeli officials created a secret warning system: the companies must send hidden signals - referred to as "winks" - to the government whenever they disclose Israeli data to foreign courts or investigators.
The agreement, known as Project Nimbus, is a flagship initiative by Israel to store information from across the public sector and military in commercially owned datacentres. To clinch the lucrative contract, Google and Amazon agreed to use the winking mechanism, according to leaked documents seen by The Guardian.
This system requires the companies to send payments - referred to as "special compensation" - to the Israeli government when they have disclosed Israeli data to foreign authorities. These payments must be made within 24 hours of the information being transferred, and correspond to the telephone dialing code of the country in question.
If either Google or Amazon provides information to US authorities, for example, and are prevented from disclosing their cooperation, they must send 1,000 shekels to the Israeli government. If they receive a request for Israeli data from Italy, for instance, they must send 3,900 shekels. There is also a backstop: if the companies conclude that gag orders prevent them from even signaling which country has received the data, there is a penalty of 100,000 shekels ($30,000).
Experts described this arrangement as a "clever" workaround that could comply with the letter of the law but not its spirit. "It's kind of brilliant, but it's risky," said a former senior US security official.
The provisions inserted into the Nimbus agreement also prohibit Google and Amazon from restricting access to their cloud platforms for Israeli agencies or military units. This means that even if Israel were found to have violated its terms of service, Google and Amazon cannot simply cut off their access to these services.
In essence, this arrangement appears to be a way for Israel to sidestep accountability for potential human rights abuses linked to the use of technology in occupied Palestinian territories.