Israel's deal with tech giants Google and Amazon to store sensitive data in their cloud platforms has been shrouded in secrecy, but recently leaked documents have revealed a crucial detail. The companies agreed to use a secret "wink" code to sidestep legal orders and hand over Israeli data to foreign authorities. This arrangement, known as the "winking mechanism", allows Israel to maintain control over its sensitive information while avoiding scrutiny from international law enforcement agencies.
The winking mechanism requires Google and Amazon to send coded signals - payments to the Israeli government - whenever they are compelled to disclose Israeli data to foreign courts or investigators. The payments correspond to the telephone dialing code of the foreign country, with amounts ranging between 1,000 and 9,999 shekels. If either company fails to comply, they must pay a significant fine.
Critics argue that this arrangement is highly unusual and carries risks for the companies, as it could violate their legal obligations in the US. "It seems awfully cute and something that if the US government or, more to the point, a court were to understand, I don't think they would be particularly sympathetic," said a former US government lawyer.
However, Israeli officials appear to have acknowledged these risks, stating that the companies' demands about how they respond to a US-issued order "might collide" with US law. The terms of the deal allow Israel to migrate to the cloud or generate in the cloud any content data it wishes, effectively removing restrictions on the types of information stored.
The arrangement has raised concerns about Google and Amazon's compliance with international law and their willingness to prioritize Israeli interests over global norms. Microsoft, which initially bid for the Nimbus contract but lost out to Google and Amazon, was more forthright in its opposition to Israel's use of cloud technology for mass surveillance. The company disabled an Israeli military's access to technology used to monitor Palestinian phone calls.
The full extent of Google and Amazon's cooperation with Israel on this project remains unclear, but the revelation highlights the complexities of tech giants' relationships with authoritarian governments and their willingness to accommodate sensitive data requests at odds with international law.
The winking mechanism requires Google and Amazon to send coded signals - payments to the Israeli government - whenever they are compelled to disclose Israeli data to foreign courts or investigators. The payments correspond to the telephone dialing code of the foreign country, with amounts ranging between 1,000 and 9,999 shekels. If either company fails to comply, they must pay a significant fine.
Critics argue that this arrangement is highly unusual and carries risks for the companies, as it could violate their legal obligations in the US. "It seems awfully cute and something that if the US government or, more to the point, a court were to understand, I don't think they would be particularly sympathetic," said a former US government lawyer.
However, Israeli officials appear to have acknowledged these risks, stating that the companies' demands about how they respond to a US-issued order "might collide" with US law. The terms of the deal allow Israel to migrate to the cloud or generate in the cloud any content data it wishes, effectively removing restrictions on the types of information stored.
The arrangement has raised concerns about Google and Amazon's compliance with international law and their willingness to prioritize Israeli interests over global norms. Microsoft, which initially bid for the Nimbus contract but lost out to Google and Amazon, was more forthright in its opposition to Israel's use of cloud technology for mass surveillance. The company disabled an Israeli military's access to technology used to monitor Palestinian phone calls.
The full extent of Google and Amazon's cooperation with Israel on this project remains unclear, but the revelation highlights the complexities of tech giants' relationships with authoritarian governments and their willingness to accommodate sensitive data requests at odds with international law.