Exclusive Leak Exposes Secret Clauses in Google and Amazon's $1.2 Billion Cloud Deal with Israel

The British newspaper 'The Guardian' has unveiled new leaked documents demonstrating that both Google and Amazon signed secret and unprecedented terms with the Israeli government as part of a major cloud computing agreement. The leaks reveal that the two companies agreed to what is known as the "Winking Mechanism," an encrypted system used to secretly alert Israel when its data is handed over to foreign entities, sparking an ethical and legal crisis following the publication of these sensitive details regarding the suspicious deal.

The "Winking Mechanism": Secret Stipulations in the Google and Amazon Deal with Israel

The leaked documents, published by 'The Guardian' in a recent investigation in collaboration with Israeli platforms '+972 Magazine' and 'Local Call', show that Google and Amazon agreed to "exceptional terms" to secure a massive $1.2 billion government contract with Israel under the cloud computing project known as "Project Nimbus."

The documents indicate that Israel conditioned the two companies to adopt an "ambiguous mechanism" dubbed the "Winking Mechanism." This mechanism is designed to secretly notify the Israeli government when Israeli data is transferred to foreign judicial or security authorities.

Under this mechanism, Google and Amazon commit to sending symbolic financial payments containing codes indicating the country that requested the data. For example, they would send 1,000 Shekels if the requesting entity was American (US dial code +1), or 3,900 Shekels if the entity was Italian (Italian dial code +39). In cases where full disclosure of the requesting state is prohibited, the companies pay 100,000 Shekels (approximately $30,000) to the Israeli government.

According to Israeli Ministry of Finance reports, these notifications are supposed to be sent within 24 hours of the data transfer. American legal experts considered this system a "clever circumvention" of laws, as it adheres to the legal form without its spirit, potentially exposing the companies to legal accountability.

Israel's Concerns Over Losing Control of Its Data

The documents reveal that Israel insisted on these terms due to fears that storing its data in centers owned by foreign companies could lead to a loss of control or access by external security authorities.

Israel sought to prevent American companies from suspending their services if they faced pressure from employees or shareholders due to the use of Israeli technology in the occupied Palestinian territories or its association with human rights violations.

For this reason, the contract includes clauses preventing Google and Amazon from restricting Israel's use of their technologies or stopping their services, even if a breach of terms of use or the involvement of the Israeli military in controversial operations is proven. The agreement obligates the companies not to take unilateral actions against the Israeli government.

Unprecedented Privileges

Israeli government memos indicate that Ministry of Finance officials described the deal as a "negotiating success," affirming that Google and Amazon "understand the sensitivity of the situation" and agreed to adapt their internal policies to meet Israeli demands.

The clauses permit Israel to store any type of data, including military and intelligence data, within the companies' cloud data centers inside Israel, without restrictions on content or purpose of use, as long as it does not violate local Israeli laws.

Background of Project "Nimbus"

"Nimbus" is an Israeli government project launched in 2021, aiming to migrate the digital infrastructure of the public sector and the Israeli military to a commercial cloud environment. The contract spans seven renewable years, with major American tech companies competing for it. Microsoft lost the deal after refusing to comply with some of the terms accepted by Google and Amazon.

Microsoft had recently suspended some of its services to the Israeli military after discovering the storage of vast amounts of monitored Palestinian calls on its cloud platform, deeming it a "violation of terms of service." However, the "Nimbus" contract prevents Google and Amazon from taking similar steps, as such actions are considered "discrimination" against the Israeli government under the concluded agreements.

Cloud Computing Use in the Gaza War

During the Israeli war on Gaza, which the United Nations describes as "genocide," the Israeli military relied on cloud infrastructures to store and analyze massive amounts of intelligence data. Intelligence leaks suggest that Israel plans to transfer some of this data from Microsoft servers to Amazon Web Services (AWS) centers within Israel.

Amazon declined to comment on whether it was aware of the transfer of this data, merely stating that it "respects the privacy of its customers and does not discuss the nature of their business without their consent."

Google and Amazon's Responses

Both companies strongly denied any attempt to circumvent international laws. A Google spokesperson stated: "It is incorrect to say that we are bypassing our legal obligations or engaging in illegal activities."

Amazon affirmed that it has "strict procedures for complying with legal requests regarding customer data" and that it "does not employ any system to override legally imposed confidential obligations."

Conversely, the Israeli Ministry of Finance, headed by the far-right Minister Bezalel Smotrich, described the report as "erroneous and misleading," asserting that the agreements "protect Israel's vital interests and are subject to strict contractual obligations."

These documents reveal an unprecedented scope of technical and legal concessions made by major tech companies to win massive government contracts. They also raise questions about the ethical boundaries of tech companies' relationships with states when cloud computing tools transform from mere digital services into sensitive instruments in political and security conflicts.

Google and Amazon: Complicit in Genocide?

As of now, no judicial or international body has classified Google and Amazon as complicit in the genocide committed by Israel in Gaza. However, successive media reports, most notably 'The Guardian's' investigations, indicate that the cloud technologies provided by the companies have been used in Israeli military and intelligence activities since the start of the war, sparking a wave of criticism from human rights organizations and several former and current employees who warned of "indirect contribution" to these operations since the conflict began.

International law experts argue that in the absence of direct legal evidence proving the companies' involvement in war crimes, the continued provision of technical support used in gross human rights violations could amount to "indirect complicity." If the companies are proven to have knowingly allowed their services to be used in military operations targeting civilians, this could pave the way for future international legal accountability.

A Revealing War

Since the outbreak of the Israeli war on Gaza, internal protest movements among employees of major tech companies have escalated, expressing dissatisfaction with contracts linking their companies to the Israeli government or working on technologies that could be used in military or intelligence contexts.

Multiple campaigns have been organized in protest, the most prominent being the "No Tech for Apartheid" campaign, which oversaw various demonstrations and protests at company headquarters and media events, demanding the cancellation of the "Nimbus" contract and a stop to supplying cloud computing and AI technologies to Israel.

Reports indicated that Google, for example, fired 28 employees following one of these sit-ins, stating this was due to "preventing other employees from carrying out their work," without commenting on the protesters' demands.

At Amazon, the company suspended a Palestinian software engineer named Ahmed Shahror after he published an internal memo criticizing the company’s relationship with Israel and calling for the termination of the "Nimbus" contract, noting the contradiction between his daily work and what his family was facing in Gaza.

Microsoft also witnessed similarly intense protests; some internal employees disrupted an internal conference, standing in the middle of the CEO's speech to demand cutting ties with Israel, protesting under the slogan "No Azure for Apartheid." The company mentioned launching an internal review following these protests, which concluded with the suspension of some services provided to the Israeli military.

In parallel, security measures increased at major technology company events, such as the "Google I/O" conference, where attendees underwent stricter searches amid growing tensions regarding the relationship between big tech firms and the war in Gaza.

An Unprecedented Case in the History of Military Tech Cooperation

There are limited precedents for major tech companies collaborating with military entities, such as Google's involvement in the US Department of Defense's Project Maven in 2017, which used AI to analyze drone imagery before the company withdrew under pressure from its employees and public opinion.

The current deal with the Israeli government differs in its nature and political sensitivity. It does not concern a pilot project or limited technical development but rather an integrated cloud network used to store governmental, military, and intelligence data within the context of an active armed conflict where crimes against civilians are being committed.

Silicon Valley has never witnessed cooperation of this magnitude amidst such a massive amount of ethical and political repercussions surrounding it. This makes the current deal an unprecedented event, placing these major companies under obligation to answer numerous questions with a clarity matching the clarity of the accusations directed at them regarding the true nature of their stance on the notorious "Project Nimbus," and whether they deliberately chose to prioritize their commercial interests over Palestinian lives.