Israel demanded Google and Amazon use secret 'wink' to sidestep legal orders

theguardian.com

451 points by skilled a day ago


Ozzie_osman - 3 hours ago

> Microsoft said that using Azure in this way violated its terms of service and it was “not in the business of facilitating the mass surveillance of civilians”. Under the terms of the Nimbus deal, Google and Amazon are prohibited from taking such action as it would “discriminate” against the Israeli government. Doing so would incur financial penalties for the companies, as well as legal action for breach of contract.

Insane. Obeying the law or ToS, apparently, is discriminatory when it comes to Israel.

rwmj - a day ago

The method is buried about 60% through the article, but it's interesting. It seems incredibly risky for the cloud companies to do this. Was it agreed by some salespeople without the knowledge of legal / management?

Leaked documents from Israel’s finance ministry, which include a finalised version of the Nimbus agreement, suggest the secret code would take the form of payments – referred to as “special compensation” – made by the companies to the Israeli government.

According to the documents, the payments must be made “within 24 hours of the information being transferred” and correspond to the telephone dialing code of the foreign country, amounting to sums between 1,000 and 9,999 shekels.

If either Google or Amazon provides information to authorities in the US, where the dialing code is +1, and they are prevented from disclosing their cooperation, they must send the Israeli government 1,000 shekels.

If, for example, the companies receive a request for Israeli data from authorities in Italy, where the dialing code is +39, they must send 3,900 shekels.

If the companies conclude the terms of a gag order prevent them from even signaling which country has received the data, there is a backstop: the companies must pay 100,000 shekels ($30,000) to the Israeli government.

gruez - a day ago

>Under the terms of the deal, the mechanism works like this:

> If either Google or Amazon provides information to authorities in the US, where the dialing code is +1, and they are prevented from disclosing their cooperation, they must send the Israeli government 1,000 shekels.

This sounds like warrant canaries but worse. At least with warrant canaries you argue that you can't compel speech, but in this case it's pretty clear to any judge that such payments constitute disclosure or violation of gag order, because you're taking a specific action that results in the target knowing the request was made.

advisedwang - 4 hours ago

I wonder if Google's plan here is to just not actually make the "special payments" if a gag order applies. Possibly they think that the contract doesn't actually require those payments (most contracts have a provision about not contradicting the law), or just ignore the contract provision when a gag order comes (how would Israel know, and what would they do about it anyway).

AlanYx - 43 minutes ago

Setting aside the legalities of the "wink" payments, I'm fascinated to know what is the purpose of the country-specific granularity? At most Israel would learn that some order was being sought in country X, but they wouldn't receive knowledge of the particular class of data being targeted.

I wonder if there's a national security aspect here, in that knowing the country would prompt some form of country-specific espionage (signals intelligence, local agents on the inside at these service providers, etc.) to discover what the targeted data might be.

neilv - 4 hours ago

Initially, I suspected the cloud contracts were for general government operations, to have geo-distributed backups and continuity, in event of regional disaster (natural or human-made).

But could it instead/also be for international spy operations, like surveillance, propaganda, and cyber attacks? A major cloud provider has fast access at scale in multiple regions, is less likely to be blocked than certain countries, and can hide which customer the traffic is for.

If it were for international operations, two questions:

1. How complicit would the cloud providers be?

2. For US-based providers, how likely that US spy agencies would be consulted before signing the contracts, and consciously allow it to proceed (i.e., let US cloud providers facilitate the foreign spy activity), so that US can monitor the activity?

cedws - 4 hours ago

Is managing servers really such a lost art that even governments with sensitive data must cede to AWS/Azure/GCP?

helsinkiandrew - a day ago

So if a government agency or court (presumably the US government) makes a data request with a non disclosure order (FBI NSL, FISA, SCA) - Google and Amazon would break that non disclosure order and tell Israel.

Wouldn't those involved be liable to years in prison?

vladgur - 3 hours ago

If we take "Israel" out of the equation to remove much of controversy, i dont understand why wouldnt any actor, especially government actor, take every possible step that their data remains under their sole control.

In other words, im curious why would Israel not invest in making sure that the their were storing in third-party vendor clouds was not encrypted at rest and in transit by keys not stored in that cloud.

This seems like a matter of national security for any government, not to have their data accessible by other parties at the whims of different jurisdiction where that cloud vendor operates.

JohnMakin - an hour ago

If you or I did this, we'd go to jail for a very long time.

xbar - an hour ago

"The idea that we would evade our legal obligations to the US government as a US company, or in any other country, is categorically wrong,"

I can imagine that this Alphabet General Counsel-approved language could be challenged in court.

nova22033 - 4 hours ago

If the US government asked Google and amazon for data using specific legal authorities and the companies tipped off the Israeli government, there's a chance they may have broken the law....

nickdothutton - 29 minutes ago

The WWW = Western Wall Wink.

zaoui_amine - 4 hours ago

That's wild. Sounds like a sketchy legal loophole for big tech.

Havoc - 3 hours ago

Surprised that Israel didn't just decide to go it alone and build their own infra given the multiple reservations they clearly had. They have a vibrant tech ecosystem so could presumably pull it off

shevy-java - 4 hours ago

Israel and the USA already coordinate, so I doubt this story. Other countries should stop selling data of their citizens to these two countries.

gadders - 4 hours ago

Imagine if someone asked for the data for money laundering investigations. The cloud provider could get prosecuted for "tipping off".

rdtsc - a day ago

Now that the trick is out the gag order will say explicitly not to make the payment. Or specifically to make a “false flag” payment, tell them it’s the Italians.

worik - 2 hours ago

We know already that Google and Amazon are morally bankrupt. (My brain is spinning that Microsoft are the "good guys" here).

But I do not think we knew that Google and Amazon would engage in criminal conspiracy for profit

ratelimitsteve - a day ago

years of "but we have to because of our enemies" undisciplined realpolitik has ended in states that insist upon their own legitimacy but don't even pay lip service to the rule of law. your enemies are people you can and should fuck over and your allies are people you've hoodwinked, and can and should fuck over.

Why is the US in particular tolerating Israel sabotaging antiterrorism investigations?

yshuman - 3 hours ago

theyre complicit and profiting off genocide just as they have been forever. The sad reality is, most of these criminals and white collar gangsters will never be held to account

throwaway_fjmr - 3 minutes ago

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stopthebullshit - a day ago

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antonvs - a day ago

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sporkxrocket - a day ago

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znpy - 3 hours ago

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buyucu - a day ago

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