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- Hacker News
- > 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.
by Ozzie_osman - Is managing servers really such a lost art that even governments with sensitive data must cede to AWS/Azure/GCP?by cedws
- 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?
by neilv - > Several experts described the mechanism 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.
If it wasn't Amazon, Google and Israel government, there wouldn't be people pretending it comply with the 'letter of the law'. It is simple treason, selling your own country secret to another.
And the way it's done isn't that 'brilliant'. Oh yes they aren't writing on paper that x country asked for Israel data, they are instead using the country phone index and making payment based on that...
- 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).by advisedwang
- 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?
- >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.
by gruez - 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.
by rwmj