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Israel demanded Google and Amazon use secret 'wink' to sidestep legal orders (theguardian.com)

963 points by skilled · 269 days ago · 437 comments on HN

Article summary

Israel demanded that Google and Amazon use a secret 'wink' mechanism to sidestep legal orders as part of a $1.2 billion cloud-computing deal. The mechanism involves sending coded messages to the Israeli government when data is disclosed to foreign authorities. This arrangement has raised concerns about the companies' compliance with US law and potential violations of gag orders. The deal includes measures that prohibit the companies from restricting how Israeli government agencies use their cloud services.

Main themes

  • Cloud computing
  • Data privacy
  • International law
  • Government surveillance
  • Corporate compliance
  • National security

What commenters say

  • The 'wink' mechanism may violate US law and put Google and Amazon at risk of legal repercussions.
  • The arrangement is a clever workaround that complies with the letter of the law but not its spirit.
  • The payments made by Google and Amazon to the Israeli government as part of the mechanism could be considered fraudulent.
  • The companies' actions may be seen as obstruction of justice or even treason, depending on the intent and context.
  • The 'wink' mechanism is not necessarily fraudulent, as it involves real money paid out of Amazon's accounts as part of a contract they willingly signed with Israel.
  • The true nature of the payment would be concealed, which could be legally problematic.
  • The illegality doctrine may cover Google and Amazon, allowing them to ignore any provisions that would require them to commit crimes.
  • The arrangement raises concerns about the balance between national security and individual privacy rights.