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).
Israel reportedly has unredacted data feeds from the USA(this was part of the Snowden leaks, Guardian link: https://www.theguardian.com/world/2013/sep/11/nsa-americans-...).
This means that they can read even the personal email of Supreme Court justices, congressmen and senators.
However they have a gentleman’s agreement to not do that.
“Wink”
However they have a gentleman’s agreement to not do that.
Trying to remember back to Snowden, I think I recall that not only DON'T they have such an agreement, but the intelligence folks consider this a feature. The US government is Constitutionally forbidden from reading "US persons" communications, but our Constitution has no such restriction on third parties. So if those third parties do the spying for us, and then tell our intelligence folks about it, everybody wins. Well, except for the people.
That's pretty optimistic.
I think it's just more likely that we send them whatever they ask for when they ask for it.
Why would the US send unredacted personal email of justices and senators to a foreign country?
To circumvent US law prohibiting spying on Americans.
It's cute, really. Country A turns a blind eye and even helps country B vacuum all of it's citizen's data. Then country B gifts back to A. And vice versa.
Since country A didn't do the surveillance, it didn't break any laws. Furthermore, it's legal to accept data from third parties.
As to why country A would allow even its senators and congressmen to be spied on by B? That's obvious - country A's intel agencies are most interested in their budget!
But this is a special case. It's Israel.
And why would country A’s lawmakers allow that legal loophole to be used against themselves? They wrote the laws no? Or are they being blackmailed, or is their power a facade?
Congressmen don't have classified access by default. Even those involved in oversight often rely on briefings which are written by the people potentially breaking the law and include whatever they choose to include, or not. It's akin to regulatory authorities that operate by asking those being regulated 'Are you still operating under all appropriate regulations?'
And laws are also written extremely broadly, which gives the intelligence agencies extreme leeway in interpreting them as they see fit. And even if they go beyond that, it's not like there are any consequences. For one of the most overt - James Clapper indisputably lied under oath and absolutely nothing happened. Furthermore politicians are generally ignorant on most topics, especially on anything remotely technically related. But revealing that ignorance is politically damaging, so they turn into yes men on most of these topics.
It’s not a secret that there’s a legal loophole and how it might be used. And congress don’t need classified access to change the law. So I don’t see how any of that relates. The problem of effective oversight is likewise orthogonal to the issue I raised which is that “getting spied on by their own subordinate agencies” is conduct that has been legally permitted by lawmakers
Country A can just a well turn a blind eye on direct spying like it has done so numerous times in the past.
> Since country A didn't do the surveillance, it didn't break any laws.
Of course it did, that's where the data came from!
1. We don't have a right to privacy.
2. The power of the constitution ends at the border.
It's pretty sick, but that's what it amounts to. The CIA can't operate within US borders but it can operate at and outside borders. That means sending messages internationally are fair game for warrant-less searches.
That doesn’t explain why lawmakers would allow their own government to (indirectly) spy on them. Or are they so full of integrity that they would say “I must be spied on as well as my constituents, you know, for fairness”? /s
Because it places a higher priority on the desires of that foreign country than on the privacy of its justices and senators?
Imagine asking about they why in 2025.
link to any credible report?
Updated my post with a link, thanks.
> how would Israel know, and what would they do about it anyway
Spy on, insert or recruit an asset from the pool of employees who are involved in any "Should we tell Israel?" discussion. That way, even if an answer is "No, don't alert them", the mere existence of the mechanism provides an actionable intelligence signal.
If they're able to gather the intelligence without a public signal, they wouldn't be wanting a public signal. Any discussion of "should we tell Israel" would be limited to people who knew of the secret subpoena's existence. If Israel already had an asset within that group, they'd just have that person signal them in a much more clandestine manner than a public payment mandated in a signed contract.
Either Israel already knows about the subpoena, in which case the discussion doesn't matter, or they don't, in which case their asset wouldn't be in on the discussion.
>most contracts have a provision about not contradicting the law
But is there an Israeli law that states contracts must be in concordance with foreign law... When the damages of an Israeli contract get evaluated in an Israeli court and they include the loss of Israeli intelligence assets will the costs not be significant? Yes google can pull out of Israel but they literally built datacentres there for these contracts so there are sizeable seizable assets.
And yes google may also get fined for breaking foreign law by foreign courts. The question is if the architecture of the system is set up so the only way data can be "secretly" exfiltrated by other governments is to go through local Israeli employees and they're the one's breaking the foreign law (and they were told explicitly by foreign bosses that they can't share this information wink) is there any punishment for google other than fines dwarfed by the contract and having to fire an employee who is strangely ok with that, who is replaced by a equally helpful local employee.
I think it'd be unlikely for the Israeli government to try and push this issue. Yes, Google has assets within Israel that could be seized, but it'd be a bit of a disaster. Israel would be creating a scenario where it told companies: go to prison in your home country or we'll seize everything you've invested here.
Also, I can't believe that Google or Amazon would sign a contract that doesn't specify the judicial jurisdiction. If the contract says "this contract will be governed by the courts of Santa Clara County California" and the Israelis agreed to that, then they won't have a claim in Israeli courts. If an Israeli court concluded that they have jurisdiction when both parties agreed they don't have jurisdiction, it'd create a very problematic precedent for doing business with Israeli companies.
Even if an Israeli court would ignore all that, what would Israel get? Maybe it could seize a billion in assets within Israel, but would that be worth it? For Google or Amazon, they face steeper penalties in the US and Europe for various things. For Israel, maybe they'd be able to seize an amount of assets equivalent to 10% of their annual military budget. So while it's not a small sum, it is a small sum relative to the parties' sizes. Neither would really win or lose from the amount of money in play.
But Israel would lose big time if it went that route. It would guarantee that no one would sign another cloud deal with them once the existing contracts expired. Investment in Israel would fall off a cliff as companies worried that Israeli courts would simply ignore anything they didn't like.
The point of these agreements is that Israel needs access to cloud resources. The primary objective is probably to avoid getting cut off like Microsoft did to them. That part of the contract is likely enforceable (IANAL): Israel does something against the ToS, but they can't be cut off. I'd guess that's the thing that Israel really wanted out of these deals.
The "wink" was probably a hopeful long shot that they never expected to work. But they got what they needed: Amazon and Google can't cut them off regardless of shareholder pressure or what they're doing with the cloud no matter what anyone thinks of it. Suing Amazon or Google over a part of the contract that they knew was never going to happen would jeopardize their actual objective: stable, continued access to cloud resources.
Sorry I didn't mean to imply I expected it would degrade to such a point that Israel is actually seizing the assets, it's more I'm pointing out that there's a credible threat of sizeable costs. Compounded with that the real teeth of the espionage laws outside of Israel will be in imprisonment which won't likely apply in these cases if the principal actors are Israeli citizens and the people subject to the foreign law are "doing all they can" to go along espionage orders once they receive one. The point is to get the contract in place in such a way that those who can get punished in a jurisdiction have plausible deniability and profitability to absorb any likely financial penalty by foreign actors. So that everyone just goes along with it as they're not breaking any laws at the time and then later they know their best efforts will be futile.
The Cloud doesn't just mean foreign data centers it means 3rd party infrastructure and expertise, which in this case at least, some of is local to the country. The point is that any 'secret' surveillance is reported. I.e. person in US gets ordered to access data, they connect to data center with appropriate credentials, which is monitored and either questioned and billed, or get flagged locally as not reportable and so not logged (making it show up on the shadow logs installed by local Israeli intelligence assets). Foreign employees best efforts to comply with espionage orders still reveal their actions and local employees happily obey local reporting laws knowing they are outside of those jurisdictions and helping their country.
Yes it can be forced to fall apart, but it has to be done in the open (because it will require changing local data center operations) and will be time consuming unless an actual open order by the US to immediately stop working with Israel on this which is extremely unlikely to happen.
Yes many contracts contain unenforceable or unactionable clauses that are superseded by common law. This is an example of that.
For example a tennant can sign a lease that says they have no notice period before eviction. If they’re in a state with a 30 day minimum notice period then the notice period is 30 days. It doesn’t matter what the contract says.
Google would comply with the US court order and ignore the contract it signed with Israel.
My thoughts as well. Also, "only" violating a contract sounds less illegal.
> Google's plan here is to just not actually make the "special payments"
That does not help
Signing the contract was a criminal conspiracy
I am not holding my breath for prosecution, though.