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Revealed: Israel demanded Google and Amazon use secret ‘wink’ to sidestep legal orders
(www.theguardian.com)
Even though its data would be stored in Google and Amazon's newly built Israel-based datacentres, Israeli officials feared developments in US and European laws could create more direct routes for law enforcement agencies to obtain it via direct requests or court-issued subpoenas.
An aerial view of a five very long, two-story buildings alongside what looks like a human-made lake.
With this threat in mind, Israeli officials inserted into the Nimbus deal a requirement for the companies to a send coded message – a "wink" – to its government, revealing the identity of the country they had been compelled to hand over Israeli data to, but were gagged from saying so.
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.
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.
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.