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Posted by skilled 10/29/2025

Israel demanded Google and Amazon use secret 'wink' to sidestep legal orders(www.theguardian.com)
963 points | 437 comments
rwmj 10/29/2025|
The method is buried about 60% through the article, but it's interesting. It seems incredibly risky for the cloud companies to do this. Was it agreed by some salespeople without the knowledge of legal / management?

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.

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.

levi-turner 10/29/2025||
> Was it agreed by some salespeople without the knowledge of legal / management?

Never worked for either company, but there's a zero percent chance. Legal agrees to bespoke terms and conditions on contracts (or negotiates them) for contracts. How flexible they are to agreeing to exotic terms depends on the dollar value of the contract, but there is no chance that these terms (a) weren't outlined in the contract and (b) weren't heavily scrutinized by legal (and ops, doing paybacks in such a manner likely require work-arounds for their ops and finance teams).

rwmj 10/29/2025|||
That's my experience too, but it seems impossible that a competent legal team would have agreed to this.
gadders 10/30/2025||
Legal can advise, but it's ultimately up to the business to risk-accept. If they think the risk vs reward analysis makes it worthwhile, they can overrule legal and proceed.
bostik 10/30/2025|||
When advice from legal conflicts with the upcoming sound of ka-ching! the only question that matters is: "how loud is that cashier going to be?"
belter 10/29/2025|||
(b) weren't heavily scrutinized by legal ...

You mean like in financing a ball room?

nitwit005 10/30/2025|||
It does seem a bit baffling. This method just adds a second potential crime, in the form of fraudulent payments.
falcor84 10/30/2025|||
Why would it be fraudulent in this case? I assume that these would be paid as refunds accounted for as a discount to a particular customer - aren't these generally discretionary? Also, I would assume that it would be the Israeli government getting services from the Israeli subsidiary of that company, so it's not clear whether even if it were a crime, which jurisdiction would have an issue with it.

You could argue that it's against something like the OECD Anti‑Bribery Convention, but that would be a much more difficult case, given that this isn't a particular foreign official, but essentially a central body of the foreign government.

Just to clarify, not saying that it's ok, but just that accusing it of being a "crime" might be a category error.

prodigycorp 10/31/2025||
Not speaking to the fraudulence of this specific case, but wire fraud is an umbrella term that covers pretty much every non tangible crime.

It's kind of like how everything can be securities fraud[0]

bloomberg article: https://archive.is/ixwRi

deaux 10/31/2025||
"Everything" here meaning "blatant lying" - and knowingly staying silent on something that obviously has a huge impact on a company is lying - which in corporate America is so normalized that some mistake it for being "everything". Securities fraud is incredibly easy to avoid if executives just stop lying. This soon becomes clear when clicking through the links in the article.

> Yesterday New York State Attorney General Barbara Underwood filed a securities-fraud lawsuit against Exxon Mobil Corp. “alleging that the company misled investors regarding the risk that climate change regulations posed to its business.”

Blatant lying

> if you are a public company that suffers a massive data breach and exposes sensitive data about millions of customers without their consent, and that data is then used for nefarious purposes, and you find out about the breach, and then you wait for years to disclose it, and when you do disclose it your stock loses tens of billions of dollars of market value, then shareholders are going to sue you for not telling them earlier

Blatant lying

The fact that most of this lying (see Exxon) is done under some kind of "nudge nudge, wink wink, we all know what's really going in" doesn't stop it from knowingly lying.

That knowingly lying is securities fraud seems very logical, and nothing like "everything".

This is all moot anyway now that the US is no longer interested in upholding any laws against large companies whatsoever.

monerozcash 10/31/2025||
Or like Target? https://www.reuters.com/legal/target-sued-by-florida-defraud...

Blatant lying also?

> Yesterday New York State Attorney General Barbara Underwood filed a securities-fraud lawsuit against Exxon Mobil Corp. “alleging that the company misled investors regarding the risk that climate change regulations posed to its business.”

>Blatant lying

Can you elaborate? Looking at the case it seems pretty clear that Exxon did not lie, especially not in any "blatant" manner.

sebzim4500 10/30/2025||||
In what sense would the payments be fraudulent? It would be real money paid out of Amazon's accounts as part of a contract they willingly signed with Israel.
master_crab 10/30/2025|||
It is two crimes:

1. Alerting a country to secret actions taken by a third party government (my nation of citizenship, the US, definitely has rules against that)

2. Passing money to commit a crime. See money laundering.

Honestly, the second crime seems aggravated and stupid. Just pass random digits in an API call if you want to tell Israel you did something.

pcthrowaway 10/30/2025|||
Wouldn't just having 1000 canaries be a "legal" way to do the alerting?

A government can compel Amazon to avoid notifying a target (Israel in this case) that their information has been subpoenaed, but can't compel Amazon to lie and say it hasn't sent their info.

Or is the concept of a canary pretty much useless now?

I'm personally one of the "activists" who is trying to avoid Amazon and Google to a practical degree, due to project Nimbus, so I'd be more than happy if their data could be accessed, and even happier to see Amazon and Google just cut ties with them altogether.

JuniperMesos 10/31/2025||
And I'm personally one of the "activists" who is trying to avoid Amazon and Google to a practical degree, because they might be ordered by a foreign government (or my own government) to turn over my data to that government and be legally forbidden from saying that they have been required to do this. Or because they might succumb to activist pressure to deplatform me.
einpoklum 10/31/2025||||
> (my nation of citizenship, the US, definitely has rules against that)

US rules are, unfortunately, nortoriously and outlandishly broken whenever it comes to Israel: Foreign Agent Registration Act, the Leahy Law, and probably a bunch of others as well.

sebzim4500 10/30/2025|||
I'm not disputing that the company would be breaking the law by doing this. That's not what fraud is though.
Retric 10/30/2025|||
Fraud is intentional deception + criminal intent. The deception comes from using payments as a code instead of say an encrypted channel.
victorbjorklund 10/30/2025|||
No, fraud is intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly.

Who exactly here is the victim that gets it legal rights deprived or what is the gain at the expense of the victim?

Spooky23 10/31/2025|||
The shareholders of Microsoft or Amazon are deprived of their value.
victorbjorklund 10/31/2025|||
then every crime is fraud. I murder you. Your employers shareholders are deprived of a worker.
Spooky23 10/31/2025||
That's reductive and silly. Here's the scenario:

1. You work for AWS, probably in account management or billing operations.

2. Your "buddy" in legal tells you that a subpeona has been processed that effects an Israeli government affiliated account.

3. Your buddy is breaking work rules and the law. You don't report it, as you are required to do. You're now a party to a criminal conspiracy.

4. Instead, you arrange for a payment to be made from AWS to an account in some pre-determined amount to communicate the confidential or legally sealed information that you conspired to steal.

Let's review. You're engaging in a criminal conspiracy to share restricted, sealed legal information with a foreign government. You are doing so by fraudulently stealing/embezzling money from your employer in a predetermined amount.

If that's not clearly understandable to you as a "bad thing" and a fraudulent activity, you're overthinking, lack any sense of law and ethics, are lacking cognitive ability, are a troll, or are just a schill for whatever team you're rooting for.

dlubarov 10/31/2025||
> You are doing so by fraudulently stealing/embezzling money from your employer

In this scenario Amazon is contractually obligated to pay Israel (unless they determine that they can't legally). If this employee is dutifully fulfilling that obligation in compliance with any relevant company approval process or other policies, then it's certainly not theft or embezzlement.

You seem to be adding a twist of "what if this is some random employee, not the one authorized to make the payments"? In that case sure, they might be defrauding their employer, but that has very little to do with the contract that this story was about.

It's like saying "what if instead of making the authorized payment to Israel, they keep the cash for themselves, then steal some monitors and assault some colleagues"? We've come up with a hypothetical where crimes are committed, yes, but it's hard to see how Israel would be to blame or would even be relevant.

jansper39 10/31/2025||||
Google not Microsoft. Microsoft didn't want to implicate themselves apparently.
jazzyjackson 10/31/2025|||
"everything is securities fraud"
toast0 10/31/2025||||
In this scheme, the government would be deprived of its legal right to obtain information about a business's customer without the consent or knowledge of said customer.

In many/most? cases, a customer can be notified and can attempt to block such information gathering, but there are also many where it's not permitted.

victorbjorklund 10/31/2025||
then pretty much every crime is ”fraud”. You are wrong.
Retric 10/31/2025||
No, speeding and nearly every other traffic offense is just brazenly doing the thing. There’s no deception required to facilitate drunk and disorderly conduct, trespassing, dumping your sofa by the side of the road, or just walk up to someone and start beating on them.

Really most crimes don’t require deception.

victorbjorklund 11/4/2025||
if you beat someone up you are defrauding their insurance company that has to pay for it and the govt that now has an injured tax payer that can’t pay taxes as well as a tax payer that wasn’t beat up. Can you prove that insurance companies don’t have to pay a single dollar if you beat someone up?
Retric 10/30/2025|||
IE criminal intent vs criminal activity, critically the criminal activity only needs to be intended not actually occur for it to be fraud. Specifying which criminal intent is applicable is reasonable but nothing I said was incorrect.

The victims are the people being deprived of their legal protections.

Not everyone agrees which information should be protected but sending information can be a form of harm. If I break into your bank, find all your financial transactions, and post it on Facebook, I have harmed you.

Courts imposing gag orders over criminal or civil matters is a critical protection, and attempting to violate those gag orders is harm. The specific victims aren’t known, but they intend for there to be victims.

victorbjorklund 10/31/2025||
so which intent of benefit at the cost of which victim do you claim that Aws had when they committed the crime?
Retric 10/31/2025||
The payoff for AWS is the contract itself. Ultimately, it’s Israel that benefits from this information but being paid by your employer to commit fraud in a call center counts even if you’re not getting a cut of that specific victim.
victorbjorklund 11/4/2025||
so who is the victim? who is Israel stealing money from? AWS that willingly signed the agreement?
gmueckl 10/30/2025||||
IANAL, but all criminal definitions of fraud that I am aware of require an intention to harm to a victim. It's kind of hard to argue that sending money fulfills this criteria.
adriand 10/31/2025|||
The harm is not to the recipient of the funds in this case, but to the investigating authorities, who have had the secrecy of their subpoena compromised.

There is wide latitude in the criminal code to charge financial crimes. This reminds me a bit of Trump's hush money conviction. IIRC, a central issue was how the payment was categorized in his books. In this case, there would be a record of this payment to Israel in the books, but the true nature of the payment would be concealed. IANAL, but I believe that is legally problematic.

dlubarov 10/31/2025|||
The investigating authorities aren't being defrauded though; making someone's job harder isn't fraud. Google or Amazon could be committing other crimes,[1] but not fraud.

[1] If they actually violated a gag order, which realistically they won't. In all likelihood there's language to ensure they're not forced to commit crimes. Even if that wasn't explicit, the illegality doctrine covers them anyway, and they can just ignore any provisions which would require them to commit crimes.

coldtea 10/31/2025||
>The investigating authorities aren't being defrauded though; making someone's job harder isn't fraud.

It can very well be, and it's called obstruction of justice.

Though in this case, the real crime is treason. Those companies collaborate with a foreign government against their own.

dlubarov 10/31/2025||
> obstruction of justice

Possibly, depending on intent. But even if so, obstruction of justice is not fraud.

> the real crime is treason

This hypothetical crime (which I'd say is highly unlikely to occur) would definitely not be treason, which has a narrow legal definition. We're not at war with Israel.

coldtea 11/1/2025||
>Possibly, depending on intent. But even if so, obstruction of justice is not fraud.

Sure, but it's a crime still. Not just something neutral.

>This hypothetical crime (which I'd say is highly unlikely to occur) would definitely not be treason, which has a narrow legal definition. We're not at war with Israel.

No, just on several on behalf of them.

Which one feels should also have been part of this "narrow legal definition".

NoMoreNicksLeft 10/31/2025|||
This is a bizarre reddit-brained legal theory.

Almost all crime requires some form of lying, at least by omission and often of the explicit sort. Fraud though, is much more narrow than "they deceived but also crimed"... and anyone saying otherwise should be so embarrassed that we never have to hear their halfwittery ever again.

Retric 10/30/2025|||
Americans get legal protections for their private health data because the disclosure of such information is considered harmful.

Other countries provide legal protections for other bits of information because disclosure of that information is considered harmful to the individual, it’s that protection they are trying to breach which thus harms the person.

gmueckl 10/30/2025|||
How is this related to the fraud discussion in this thread? Illegal disckosure of confidential information is usually handled by a separate legal framework.
Retric 10/30/2025||
Stuff is generally also fraud rather than only being fraud. We don’t know the details of what else happened so we can’t say what other crimes occurred.

Same deal as most illegal things public companies do also being SEC violations.

immibis 10/30/2025|||
The other person is saying that disclosure of health data in violation of HIPAA wouldn't be fraud. It would be a HIPAA violation, not fraud.
Retric 10/31/2025|||
The same action can break multiple laws. Unlawful discharge of a firearm is a crime, but it can also kill someone and thus break a different law. https://www.azleg.gov/ars/13/03107.htm

Here we don’t know which specific laws were broken because we lack details, but the companies definitely signed a contract agreeing to commit fraud.

Anyway, the comment I responded to had “require an intention to harm to a victim” it’s that aspect I was addressing. My point was the transmission of information itself can be harmful to someone other than the recipient of that information. So the same act fulfills both aspects of fraud (deception + criminal intent), and also breaks some other law.

Spooky23 10/31/2025|||
It depends on the context. I’ve gathered evidence to support prosecution of an individual disclosing PHI who was doing so to facilitate criminal acts.
LorenPechtel 10/31/2025|||
But this is a signaling system, not a meaningful transfer of money.
Retric 11/1/2025||
The signal based on private information is what’s causing the harm not the movement of money. They could cause the same harm by encoding a signal in the timing of a money transfer, or hell using carrier pidgins.

I could send your username and password using similar methods, the medium doesn’t matter here but the signal and their attempt to hide it does.

Spooky23 10/31/2025|||
The payments are an act of fraud as they deprive the company of resources for no tangible business purpose. No contract authorizes the use of payments to bypass communications controls and exfiltrate data.

The act of communicating privileged or sealed information on itself is at minimum contempt of court and perhaps theft of government property, wire fraud or other crimes. Typically accounts payable aren’t aware of evidence gathering or discovery, so the actor is also facing conspiracy or other felonies.

Yeul 10/31/2025||||
Lol are we still pretending laws are more than ink on a paper?

No laws require prosecution and enforcement. Western countries shield Israel from all of that.

DeathArrow 10/31/2025||||
Who is going to prosecute those crimes?
8note 10/30/2025|||
> 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.

its a buggy method, considering canada also uses +1, and a bunch of countries look like they use +1 but dont, like barbados +1(246) using what looks like an area code as part of the country code.

toast0 10/30/2025||
> its a buggy method, considering canada also uses +1, and a bunch of countries look like they use +1 but dont, like barbados +1(246) using what looks like an area code as part of the country code.

You are correct that ITU code is not specific enough to identify a country, but I'm sorry, +1 is the ITU country code for the North American Numbering Plan Area. 246 is the NANPA area code for Barbados (which only has one area code) but as a NANPA member, Barbados' country code is +1, same as the rest of the members. There is no '+1246' country code.

There's not a lot of countries that are in a shared numbering plan other than NANPA, but for example, Khazakstan and Russia share +7 (Of course, the USSR needed a single digit country code, or there would have been a country code gap), and many of the former Netherland Antilles share +599, although Aruba has +297, and Sint Maarten is in +1 (with NANPA Area code 721)

coliveira 10/30/2025|||
It's a criminal scheme to spy on law enforcement. Both the company and the scheming country are committing crimes.
dummydummy1234 10/30/2025|||
Can a country commit a crime?
marcosdumay 10/30/2025|||
No, it's the government that commits it.

People use the country = government metaphor as a shortcut for communication, but this one takes it further than usual.

blharr 10/31/2025||
> country = government metaphor

This will probably never be particularly useful, but this figure of speech is a "synecdoche" (a "metonymy" instead of a "metaphor")

brookst 10/31/2025||
As long as we’re being pedantic, synecdoche means referring to part as the whole (nice wheels = car, nice threads = clothes).

Saying the US did something when referring to the government is metonymy, but not synecdoche.

StackRanker3000 11/1/2025||
A synecdoche can either be when you use a part to represent the whole, or conversely use the whole to represent a part

I think it’s valid to consider the US government a part of the US. Thus, referring to the US government when saying that the US did something is a synecdoche

largbae 10/30/2025|||
Extradition by tectonic subduction
dodomodo 10/31/2025|||
spy on law enforcement that spy on your government, seem like a fair game
yehat 10/31/2025|||
Does that apply for China, Russia, North Korea, Iran, Venezuela, Brazil and so on?
BeFlatXIII 10/31/2025||
That's how competition works, yes.
Frieren 10/31/2025|||
This is not about spying, but fighting money laundering, persecuting war criminals, even common crimes.

To spy on law enforcement that is trying to fight crime is not a good thing. Israel is not the world police.

alt187 10/31/2025|||
Obviously illegal lowbrow schemes asixe, it's hilarious that the company has to SEND money to Israel to notify them of a breach.
hsuduebc2 10/31/2025||
It seems weirdly complicated. At this point I would assume it's much easier and secure just to bribe someone to tell them directly. This is like roleplay of secret sleeper agents during the cold war.
alt187 10/31/2025||
Maybe they just really need the 555 shekels or so.
Havoc 10/30/2025|||
Very much doubt something this hot in an agreement with a foreign government as counterparty gets signed off by some random salesman
JumpCrisscross 10/30/2025|||
> 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

This is criminal conspiracy. It's fucking insane that they not only did this, but put the crime in writing.;

tgsovlerkhgsel 10/30/2025|||
I'm always surprised how often crimes get put in writing in big companies, often despite the same companies having various "don't put crimes in writing" trainings.
NewJazz 10/31/2025||||
To be fair it is not necessarily true that they did this. Devil's advocate (emphasis on the devil part) -- google and amazon may have agreed to do this / put it in the contract but never followed through.
Cheer2171 10/31/2025||
It is criminal conspiracy, a federal felony in the US, if you contract to commit a crime. Conspiracy is a standalone crime on its own, independent if the contracted crime is never carried out (in breach of contract).

The mob tried your argument generations ago. It never worked.

voganmother42 10/31/2025||
The US Gov effectively is the mob now, laws don’t matter anymore
DaSHacka 11/1/2025||
Source?
voganmother42 11/2/2025||
My source was on a boat that was destroyed by a military strike
cess11 10/31/2025|||
They publicly agreed to do genocide, having a slightly criminal communications protocol in a contract on the side amounts to an ethical rounding error.
Spooky23 10/31/2025|||
I’d assume they have agents inside the companies smoothing the way or even running interference against any inconvenient questions.
IshKebab 10/29/2025|||
> 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.

Uhm doesn't that mean that Google and Amazon can easily comply with US law despite this agreement?

There must be more to it though, otherwise why use this super suss signaling method?

skeeter2020 10/30/2025||
How can they comply with a law that forbids disclosing information was shared, by doing just that? THe fact it's a simply kiddie code instead of explicit communication doesn't allow you to side step the law.
outside415 10/30/2025|||
[dead]
shevy-java 10/30/2025|||
I don't quite understand this. How much money would Israel be able to milk from this? It can't be that much, can it?
sebzim4500 10/30/2025||
It's not about money, it's about sending information while arguably staying within the letter of US law
ceejayoz 10/30/2025||
Kinda similar to a https://en.wikipedia.org/wiki/Warrant_canary, with the same untested potential for "yeah that's not allowed and now you're in even more trouble".
dredmorbius 10/30/2025|||
Are there any instances anyone knows of in which a warrant canary has been found to violate antidisclosure law?

(Australia apparently outlaws the practice, see: <https://boingboing.net/2015/03/26/australia-outlaws-warrant-...>.)

ceejayoz 10/30/2025||
Any such case seems likely to wind up in something like the secret FISA court.

https://en.wikipedia.org/wiki/United_States_Foreign_Intellig...

cogman10 10/31/2025|||
Except this is an affirmative action. Warrant canaries are simply removing from the TOS that the company has not/will not interact with law enforcement.

This is directly violating gag orders. Passing a message, even if it's encrypted or obfuscated is absolutely illegal. The article is a little BS as this sort of thing has been tested in court.

The only reason warrant canaries are in the gray zone is because they are specifically crafted that the business has to remove their cooperation clause to keep the ToS contract valid.

There's nothing like that at play here. It's literally "Just break the gag order, here's our secret handshake".

tzahifadida 10/31/2025||
I don't understand these legal mambo jumbo, but lets make it simpler. Israel and the US have a tight intelligence agreements. No one have to keep secrets since they share information readily. That is what it means to be friends. Israel is the best outpost for western influence in the Middle East, and the US have a strategic need to maintain that to oppose forces such as China, Russia and Iran axis. There is no need for bribes or anything like that to get intelligence from both sides... The last time they started lying to each other was disastrous and henceforth I believe the relationship is stable. Not to mention it includes European powers, even though they are happy to defame Israel, they share intelligence, participate in joint operations and buy a huge amount of arms and technology from Israel and sell arms to Israel. So don't let the media fool you...
StackRanker3000 11/1/2025||
Do you have any thoughts on these reports from 2019?

https://www.politico.com/story/2019/09/12/israel-white-house...

> The U.S. government concluded within the past two years that Israel was most likely behind the placement of cellphone surveillance devices that were found near the White House and other sensitive locations around Washington, according to three former senior U.S. officials with knowledge of the matter.

gruez 10/29/2025||
>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.

This sounds like warrant canaries but worse. At least with warrant canaries you argue that you can't compel speech, but in this case it's pretty clear to any judge that such payments constitute disclosure or violation of gag order, because you're taking a specific action that results in the target knowing the request was made.

godelski 10/31/2025||

  > This sounds like warrant canaries
It's not. This is direct communication.

A warrant canary works by removing information, not by transmitting it. You put up a sign like "The FBI has not issued a warrant" and then remove it if they do, even if there is a gag order stating you cannot disclose that they issued you a warrant. This only works because you have not told anyone that a warrant has been issued but they must infer that the missing canary implies such a warrant has been dispatched.

  > but in this case it's pretty clear to any judge that such payments constitute disclosure
Agreed. This is direct. It is like putting up a posting "The FBI *has* issued a warrant". Which this would be in direct violation of a gag order. Their codes are even differentiating who the issuer is. I'm pretty confident a comprehensive set of warrant canaries detailing every agency would not comply with gag orders either as this leaves little ambiguity. But this isn't even doing that. It is just straight up direct communication.

I think what is funniest is that it could have been much more secret. When I saw the reference in the intro to payments I was thinking "don't tell me they're so dumb they're coding info like Costco". That they'd use the cents to detail access. Like .99 for all clear and .98 for access. But that's not "clever" at all lol

eviks 10/31/2025|||
> warrant canary works by removing information, not by transmitting it.

You transmit information by changing the content of the transmission, basically just like any communication works

> This only works

do you know that? Haven't heard of it actually working in any high profile case.

> because you have not told anyone that a warrant has been issued

you have told them explicitly by agreeing to a scheme both parties understand and by enacting the message change under said scheme. You basically just used some encoding to hide the plain message

gblargg 10/31/2025|||
I think a canary works by having a date it was last updated and expiration date, and you just stop updating it if the condition no longer holds. You don't modify it if the event occurs, because then you are making a barred communication.
godelski 10/31/2025|||

  > You transmit information by changing the content of the transmission
That's incorrect.

First off, you're using the word in the definition. You can't use "transmit" to define "transmit". A transmission is the noun variation of transmit (verb).

Second off, a transmission is *active*

Think about radio. If I am constantly producing a 440kHz signal then I'm transmitting a signal. If I'm not producing the signal, I'm not transmitting.

You are not considered to be transmitting unless you are holding down the button to send the signal.

That's how a canary works. You're constantly transmitting a signal (the canary is constantly singing) and then all of a sudden it goes quiet. You have stopped transmission.

Does this communicate? Yes. But what it communicates is ambiguous. Maybe the canary just went to sleep. Maybe it starved to death instead of getting carbon dioxide poisoning. It does not provide an unambiguous truth.

That reasonable deniability is the reason a canary works. You can claim it was taken down for other reasons, such as an accident. Those reasons have to be believable and justifiable. Mind you, a warrant canary can work like going down in one commit and up in the next, happening over a small period of time. A canary does not need to work by continuous existence or continuous absence.

Canaries also frequently work by having expirations (which is closer to how you're thinking, but still follow the same abstraction discussed above). It has to be manually updated or modified. For example I could add the canary "godelski hasn't been raided by the FBI: signed 31 oct 2025 expires 7 Nov 2025". Were that message to still exist exactly on Nov 7th (and it will because I can't edit comments outside a time window) then you can conclude that my canary expired. You can't conclude I was raided by the FBI. You should be suspicious, but you can't be positive. Maybe I just can't update comments...

This isn't to be conflated with the way we transmit information is through variation, such as high and low in binary. Technically while you're talking you make pauses and "stop talking" several times while saying a single word. But we say you're talking until you stop "transmitting" or complete. If this pause wasn't included then the dead would still speak and your annoying uncle would never shut up

sillysaurusx 10/31/2025|||
What happens if in the gag order they explicitly forbid the target from removing warrant canaries, and give examples of existing ones?

I’ve always wondered. It seems just as easy for authorities to forbid removing canaries as it is to forbid telling someone something.

EDIT: ah, this is explained downthread: https://news.ycombinator.com/item?id=45763032

godelski 10/31/2025||
Yeah there's lots of ways to implement them but expiration is very common.

I guess you can technically be compelled to update your canary. But the main idea is to make it hard to compel the action that results in the canary existing. But don't ask me, like most HN users IANAL

mikeyouse 10/29/2025|||
This reads like something a non-lawyer who watched too many bad detective movies would dream up. Theres absolutely no way this would pass legal muster —- even warrant canaries are mostly untested, but this is clearly like 5x ‘worse’ for the reasons you point out.
randallsquared 10/29/2025|||
From the article:

> Several experts described the mechanism as a “clever” workaround that could comply with the letter of the law but not its spirit.

It's not clear to me how it could comply with the letter of the law, but evidently at least some legal experts think it can? That uncertainty is probably how it made it past the legal teams in the first place.

AstralStorm 10/29/2025|||
Warrant canary depends on agreed upon inaction, which shields it somewhat. You cannot exactly compel speech by a gag order.

This, being an active process, if found out, is violating a gag order by direct action.

votepaunchy 10/29/2025||
Warrant canaries depend on action, the removal or altering of the canary document. It’s too clever but no more clever than what Israel is requiring here.
8note 10/30/2025|||
the canary notification method is a lack of updates, not a specific update.

you update your canary to say that nothing has changed, at a known cadence.

if you ever dont make the update, readers know that the canary has expired, and so you have been served a gag order warrant.

changing or removing the canary in response to a warrant is illegal. not changing it is legal.

for an equivalent cloudwatch setup, its checking the flag for "alarm when there's no points"

Fnoord 10/31/2025|||
Yes, the equivalent of a warning canary would be that Google pays the Israeli government a set of payment every month such as 3100 shekels (for +31, NL) and then suddenly November 2025 they stop issuing it. That would mean there's a legal investigation targeting Google by the Dutch prosecutor (OM) involving Israeli data.

I suspect they didn't go for this route as it is too slow.

verdverm 10/30/2025|||
I would think to stopping doing something is equally an action as to do something, in regards to warrant canaries and gag orders. You had to take make some change to your process, or if automated take an actual action to disable. In either case, there was a cognizant choice that was made
nkrisc 10/30/2025|||
The legal theory is that in the US the first amendment prevents the government from forcing you to make a false update. I don’t know if it’s ever been tested.

As I understand, this theory wouldn’t even hold up in other countries where you could be compelled to make such a false update.

yencabulator 11/11/2025||
What if I, sometimes, annually paint a canvas with an artistic interpretation of a canary bird? Can a government compel me to make an artistic expression with specific content, at my own expense? What if I'm just not in the right kind of creative mood to make it a good painting?

Or maybe I can bill the government for the compelled artwork -- I'm afraid I'm tremendously expensive as an artist.

hrimfaxi 10/30/2025||||
Yes but the theory, at least in the US, is that the government cannot compel you to say something. That is, they can't make you put up a notice.
joshuamorton 10/30/2025|||
More specifically, the theory is that cannot compel you to lie, there are all kinds of cases where businesses are compelled to share specific messages.
yencabulator 11/11/2025|||
As far as I've seen, the examples of that have always been things like health warnings and ingredients lists, where showing that message is a condition of being in that (licensed) business, and applies equally to any company.

Do you have a more custom example in mind?

joshuamorton 11/11/2025||
All sorts of consent decrees, a huge amount of union and workplace law requires things to be posted for employees.
yencabulator 11/11/2025||
For employee things, I can understand being required to notify parties in agreements the company has entered into. As far as I understand, consent degrees are settlements and as such a mutually-agreed mechanism for ending a lawsuit early; their terms are whatever the parties negotiate and do not come from the government.
joshuamorton 11/12/2025||
To be more precise, the law requires employees to publish the nlrb notice in well trafficked or otherwise conspicuous locations.

I think there are other places where "government mandated corporation inform people of their rights" is a thing, especially with things like data use and sharing.

In terms of consent decrees, that was the wrong example. But lots of judgements do involve various notification requirements.

yencabulator 11/12/2025||
Car manufacturer warranty recall letters are probably a good example. I get them even though I've never done business with the car manufacturer -- I bought the vehicle from a private party.

But that still sort of connects (at least in my mind) to health warnings etc.

What do you think of this angle: https://news.ycombinator.com/item?id=45892680

Andrex 10/30/2025|||
Ah, that was confusing to me. Thank you.
verdverm 10/30/2025|||
yea, I get that, but my gut tells me this doesn't pass the sniff test

It's a choice you make and action you take either way, be it not updating a canary or sending a covert financial transaction

That it has not been tested in court is why it's still a "theory" (hypothesis?)

My hope is that a jury of our peers would stay closer to the spirit than the letter of the law

kortilla 10/31/2025||
Inaction is not action.
verdverm 11/1/2025||
The choice to cease perform an act, when you have been consistently doing it, is itself an action
kortilla 11/1/2025||
No, making a choice to do nothing is not considered action by any legal definition.
shkkmo 10/30/2025|||
And this would be why warrant canaries aren't seen as a proven legal shield yet.
gruez 10/29/2025|||
>Warrant canaries depend on action, the removal or altering of the canary document.

No, they can simply not publish a warrant canary in the future, which will tip people off if they've been publishing it regularly in the past.

mikeyouse 10/29/2025||
Right - the whole premise is that the government cannot compel speech (in the US). So if you publish something every week that says, “we’ve never been subpoenaed as of this week” and then receive a subpoena, the government can’t force you to lie and publish the same note afterwards. The lack of it being published is the canary here.
d1sxeyes 10/30/2025||
Whether you can be compelled to lie under these circumstances or not is not a resolved question of law. Although it seems fairly likely that compelling speech in this way is unconstitutional, if it has been tested in court, the proceedings are not public.
lazide 10/30/2025||
Good thing no one is doing anything unconstitutional right now?
joe_the_user 10/31/2025||||
Ah, I think I get it. Violating the spirit of a law can be, often is, enough to get you convicted of a crime. Arguably more often than violating the letter of the law but not it's spirit.

However, if a judge dodesn't want to find someone guilty, "not violating the letter of the law" can provide a fig leaf for the friendly judge.

YZF 10/31/2025|||
When those experts are not named one could wonder if they even exist. Why would a journalist not reveal the name of an expert who is consulting on a matter of law?
cogman10 10/31/2025||
Not to get super conspiratorial, but I think this is almost certainly a weasel statement simply to avoid directly accusing Israel/google/amazon of breaking the law.

I can't imagine any "legal expert" dumb enough to say you can violate a gag order if you use numbers instead of words.

dlubarov 10/31/2025||
In all likelihood there's just language like "to the extent permitted by law", which The Guardian isn't telling us about. Even if they didn't write that explicitly, it's implied anyway - Israel knows any US court would void any provision requiring Google/Amazon to commit criminal acts (illegality doctrine). It's also not really possible for Israel to be break laws of foreign states, since it's not bound by them in the first place.
tdeck 10/29/2025||||
This only works for Israel because members of the Israeli government expect to be above the law. They need to offer only the flimsiest pretext to get away with anything. Look what happened with Tom Alexandrovich.
tdeck 10/31/2025|||
Just jumping in to point out that thus had 6 points before the hasbada bots swooped in and now it's at 1.
Andrex 10/30/2025|||
From reading the Wiki, it seems like the state cops (who were somehow in charge of the case) forgot to take his passport when they arrested him, and then he just fled after he paid bail?

Is there any evidence he was helped in his escape by anyone? Genuinely asking (and genuinely seeking hard facts and data).

tdeck 10/30/2025||
He was interviewed by the feds after his arrest and mentioned his upcoming flight in the interview transcript but still was allowed to leave the country.
Andrex 10/31/2025||
Right, because his passport wasn't confiscated. I still err on this being stupidity by the Clark County cops in the lack of further information.
puttycat 10/29/2025|||
Agree that there's something fishy/missing in this story. Never say never, but I find it extremely unlikely that Google/Amazon lawyers, based in the US, would agree to such a blatantly mafia-like scheme.
potatototoo99 10/30/2025|||
First day on this planet?
deanCommie 10/30/2025||||
Wouldn't the lawyers be based in Israel - under some Israel-based shell/subsidiary of Google/Amazon, that owns the data centers, and complies with local law?
YZF 10/31/2025||||
There is no way a US company would enter this sort of deal with Israel where they promise to circumvent a gag order. The money isn't worth going to jail for and the execs signing the deal would go to jail and they have little to benefit from. Story has no sources and makes no sense. Either the Guardian is reporting some rumor or they're just making stuff up.
layman51 10/31/2025|||
Is it really that difficult to believe it could be accurate? If we take at face value what has been written about other big tech companies (mainly thinking of Facebook) as they grew their relationship in countries such as the People’s Republic of China, we also see they had to sweeten the deal by giving the government more power over how they could use the services.

I do think it’s kind of a different situation though because apparently the employees of Facebook could have gotten into legal trouble in those other countries they were trying to expand into.

int_19h 10/31/2025||||
Nobody is going to jail for this, and they know it.
moogly 10/31/2025|||
Larry Ellison, biggest private donor to the IDF, enters the chat.
wahnfrieden 10/30/2025||||
I don't know about Google but Amazon works with lawyers and other roles to routinely operate illegal union-busting strategies. It is blatantly illegal behavior that they use all their might to get away with. I don't know why you would find it so unbelievably surprising that they would do illegal mafia-like things.
t0lo 10/29/2025||||
It's certainly very interesting and difficult to explain...
belter 10/29/2025||||
> a blatantly mafia-like scheme.

Yeap...they would never do it ....

"Tech, crypto, tobacco, other companies fund Trump’s White House ballroom" - https://www.politico.com/news/2025/10/23/trump-ballroom-dono...

worik 10/30/2025|||
> I find it extremely unlikely that Google/Amazon lawyers, based in the US, would agree to such a blatantly mafia-like scheme.

I trust The Guardian. So I agree It was unlikely. I find it very sad

Very sad

Zigurd 10/30/2025|||
It's a "cute" mechanism. The lawyers and the companies they work for found this to be an acceptable thing to put in a contract, when doing so could be interpreted as conspiring to evade the law. Did they get any assurances that they wouldn't get in trouble for doing this?
somenameforme 10/31/2025|||
I don't think evade the law is the right term, at least if we stick with tax analogs. Clearly the goal was to 'avoid' the law. Doing something that avoids legal obligations is legal, doing something that evades them is illegal.
Zigurd 10/31/2025||
It's evasion. And it is arguably a conspiracy, since the other party in the contract is complicit in crafting language that gets around an anti-terrorism law. It's serious and wrong.
somenameforme 10/31/2025||
It's evasion based on what? To say that with any degree of certainty you'd need to have immense knowledge in the esoteric of the balance of US laws, international treaties, and more. Even that is probably not enough as the exact bounds and constraints of laws can be somewhat ambiguous especially when they start interacting with other laws. And then on top of all of this need to start factoring in sovereign immunity, the interplay with Israel Laws and Google, and countless other things.

And while 'anti-terrorism' is the pretext for these secret courts, secret orders, and other nonsense - in reality I expect they've done extremely little to actually stop terrorists. Yet it's certainly created a system where even a defacto Western/allied bloc government is worried that their data is going to be secretly seized. It's quite dystopic, all done in the name of errorism.

Zigurd 10/31/2025||
The law can be bad at the same time as contracts like this are the embodiment of a conspiracy to break that law.
somenameforme 11/1/2025||
And how would you contrast that against intentionally structuring your income, in collaboration with foreign institutions and carefully designed/funded shell entities where do you things like [defacto] license your own tech to yourself, all in a effort to avoid tax obligations? Would you not call that a 'conspiracy to avoid taxes'? And it's 100% legal, because everything is legal if not explicitly outlawed.
Zigurd 11/1/2025||
You have difficulty distinguishing between civil and criminal matters. Criminal justice has judges and juries for a reason. You can't be cute about what amounts to espionage.
somenameforme 11/2/2025||
Tax evasion is a serious criminal felony, not a civil matter. It's actually how they've brought down many illegal empires that couldn't otherwise be cracked, most famously Al Capone.
rainonmoon 10/30/2025|||
If you're working with the people Amazon works with, the risk assessment isn't "Will we get in trouble for this?" it's "When we get in trouble for this, can we defend it on legal grounds?" Given that even the American spooks cited in this article are defending this blatantly immoral and obscene trespass, obviously Amazon's lawyers have reason to believe they can.
skeeter2020 10/30/2025|||
The key with a canary is that the thing you're trying to signal ensures the positive or negative signal itself, like "I will check in every 24 hours as long as everything is good, because if I'm not good I won't be able to check in.". THis is just a very thin, very simple code translation. It's like saying "if you get a request for our info, blink 3 times!"
hex4def6 10/30/2025|||
Yeah.

I mean, why pay the money? Why not just skip the payment and email a contact "1,000"? Or perhaps "Interesting article about in the Times about the USA, wink wink"?

This method is deliberately communicating information in a way that (I assume) is prohibited. It doesn't seem like it would take a judge much time to come to the conclusion that the gag order prohibits communication.

Creating a secret code is still communication, whether that's converting letters A=1, B=2, sending a video of someone communicating it in sign language, a painting of the country, writing an ethereum contract, everyday sending a voicemail with a list of all the countries in the world from A to Z, but omitting the one(s) that have the gag / warrant...

skeeter2020 10/30/2025|||
If you ever dealt with the laws around exporting technology to specific jurisidictions, this would be like saying "We can convert the algorithm code to Python and THEN export it to North Korea!"
tgsovlerkhgsel 10/30/2025||
One of the earliest example would be "we can print PGP as a book and then..."
LorenPechtel 10/31/2025|||
I think the point here is to ensure they are legally compelled to make the payment. They can't admit to the gag order, but the existence of the gag order compels them to pay the 1,000 shekels, does the gag order compel them to not pay what they owe??
ncr100 10/31/2025||
This feels like an "intentional self-stereotyping / Self-Mocking" technique to employ.
helsinkiandrew 10/29/2025||
So if a government agency or court (presumably the US government) makes a data request with a non disclosure order (FBI NSL, FISA, SCA) - Google and Amazon would break that non disclosure order and tell Israel.

Wouldn't those involved be liable to years in prison?

alwa 10/29/2025||
I imagine it depends on which country makes that request, its legal basis, and how their gag order is written.

I find it hard to imagine a federal US order wouldn’t proscribe this cute “wink” payment. (Although who knows? If a state or locality takes it upon themselves to raid a bit barn, can their local courts bind transnational payments or is that federal jurisdiction?)

But from the way it’s structured—around a specific amount of currency corresponding to a dialing code of the requesting nation—it sure sounds like they’re thinking more broadly.

I could more easily imagine an opportunistic order—say, from a small neighboring state compelling a local contractor to tap an international cable as it crosses their territory—to accommodate the “winking” disclosure: by being either so loosely drafted or so far removed from the parent company’s jurisdiction as to make the $billions contract worth preserving this way.

breppp 10/30/2025|||
and your assumption is that if Google has conflicting legal obligations to the USA and Israel it will choose Israel...

In my opinion that's extremely unlikely. This was probably set up for other kinds of countries

NickC25 10/30/2025||
[flagged]
IAmBroom 10/29/2025||
In a nation that strictly follows its own laws, sure.
votepaunchy 10/29/2025||
Your terms are acceptable.
advisedwang 10/30/2025||
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).
shrubble 10/30/2025||
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”

CWuestefeld 10/30/2025|||
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.

rcpt 10/31/2025||
That's pretty optimistic.

I think it's just more likely that we send them whatever they ask for when they ask for it.

hammock 10/31/2025||||
Why would the US send unredacted personal email of justices and senators to a foreign country?
shtzvhdx 10/31/2025|||
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.

hammock 10/31/2025|||
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?
somenameforme 10/31/2025||
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.

hammock 10/31/2025||
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
eviks 10/31/2025|||
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!

cogman10 10/31/2025||||
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.

hammock 10/31/2025|||
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
lmm 10/31/2025||||
Because it places a higher priority on the desires of that foreign country than on the privacy of its justices and senators?
faizmokh 10/31/2025|||
Imagine asking about they why in 2025.
_zoltan_ 10/30/2025|||
link to any credible report?
shrubble 10/30/2025||
Updated my post with a link, thanks.
overfeed 10/30/2025|||
> 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.

mdasen 10/30/2025||
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.

greycol 10/30/2025|||
>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.

mdasen 10/30/2025||
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.

greycol 10/30/2025||
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.

ngruhn 10/30/2025|||
My thoughts as well. Also, "only" violating a contract sounds less illegal.
sjducb 10/31/2025|||
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.

worik 10/30/2025||
> 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.

aucisson_masque 10/30/2025||
> Several experts described the mechanism as a “clever” workaround that could comply with the letter of the law but not its spirit. “It’s kind of brilliant, but it’s risky,” said a former senior US security official.

If it wasn't Amazon, Google and Israel government, there wouldn't be people pretending it comply with the 'letter of the law'. It is simple treason, selling your own country secret to another.

And the way it's done isn't that 'brilliant'. Oh yes they aren't writing on paper that x country asked for Israel data, they are instead using the country phone index and making payment based on that...

hammock 10/31/2025||
> officials created a secret warning system: the companies must send signals hidden in payments to the Israeli government, tipping it off when it has disclosed Israeli data to foreign courts or investigators.

> The terms of the Nimbus deal would appear to prohibit Google and Amazon from the kind of unilateral action taken by Microsoft last month, when it disabled the Israeli military’s access to technology used to operate an indiscriminate surveillance system monitoring Palestinian phone calls.

I don’t understand the connection between these two things. The article seems all over the place.

shtzvhdx 10/31/2025|||
There were many terms
ImPostingOnHN 10/31/2025|||
The article is describing multiple examples of terms which appear to facilitate wrongdoing, 2 of which you listed.
runarberg 10/31/2025|||
Isn’t there a legal term for this?

It is like if it is illegal to import more then $1000 into the country without declaring, and you (clever) give $900 each to 4 of your friends who are conveniently traveling with you, so you only walk across the border with remaining $400, not breaking any laws. Then when inside the country, your friends give you back the $900 each, meaning you just de-facto imported $4000 while technically crossing the border with less then $1000, as legally required.

If normal people tried to do this they would obviously be charged with the crime of illegally importing money, but also with something like a conspiracy to evade the law.

sitharus 10/31/2025|||
I don't know of a general term, but in financial crime it's generally referred to as 'structuring'. IIRC this is from US legislation but it's definitely used in several other countries. I've also heard it referred to as 'smurfing', particularly when splitting a task like purchasing items in a small enough quantity to not be suspicious.
stocksinsmocks 10/31/2025||||
Obstruction of justice.

At least for us. For the more fortunate, maybe it’s just a “creative interpretation of law.”

hobs 10/31/2025||||
https://en.wikipedia.org/wiki/Structuring
irl_zebra 10/31/2025||||
When this is done with deposits to avoid IRS scrutiny it's called "structuring."
analog31 10/31/2025|||
Perhaps conspiracy and accounting fraud.
jazzyjackson 10/31/2025|||
It's only treason if Israel is an enemy. YMMV
remus 10/31/2025|||
There are no two countries which have completely transparent data sharing agreements with each other. There are always secrets, whether the opposite party is a friend or an enemy.
mikkupikku 10/31/2025||
Doesn't matter though, the US Constitution defines treason:

> Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.

This bar is virtually impossible to clear. You'll never get a US court to convict anybody of treason for anything concerning Israel. Espionage sure, but not treason. The last time anybody got convicted of treason for anything in America was for acts committed during WW2, which is the last time America was in a properly declared war.

codedokode 10/31/2025|||
Is there an official list of enemies, or the government can decide who was the enemy afterwards?
noduerme 10/31/2025|||
It seems crazy to me that any country would outsource storage of military intelligence data to a foreign corporation. But my reading of the article is that the data is physically stored in Amazon and Google datacenters on Israeli soil.

If for some reason the US were storing sensitive data in US-based datacenters operated by a foreign corporation, don't you think they would try to take measures to prevent that data from being exfiltrated? It would be idiotic for Israel not to take what measures it could.

As for the idea that Amazon is acting treasonously - is warning someone that your country is spying on them treasonous? I think they should warn anyone and everyone whose data is being shared with any government, as long as they stay within the letter of the law in the places they operate.

aucisson_masque 10/31/2025||
> As for the idea that Amazon is acting treasonously - is warning someone that your country is spying on them treasonous?

Yes it is if you are American. Snowden revealed that the American government was spying on every single American, now he is forced to live hidden in Russia.

cess11 10/31/2025||
It's not "another" "country", though. That's a misconception about Israel, which is not a country, it's a colony. It doesn't have borders, it's dependent on financial handouts from its imperium, does not respect any of the rules that apply to 'countries' (i.e. international law), &c.

Expecting there to be law abidance and so on when dealing with Israel or israelis is a mistake that'll make you the 'freier' in that relationship. This is why Israel and israeli corporations commonly use usian and european fronts when they do business with more discerning customers than the most obvious tyrants of the world.

neilv 10/30/2025||
Initially, I suspected the cloud contracts were for general government operations, to have geo-distributed backups and continuity, in event of regional disaster (natural or human-made).

But could it instead/also be for international spy operations, like surveillance, propaganda, and cyber attacks? A major cloud provider has fast access at scale in multiple regions, is less likely to be blocked than certain countries, and can hide which customer the traffic is for.

If it were for international operations, two questions:

1. How complicit would the cloud providers be?

2. For US-based providers, how likely that US spy agencies would be consulted before signing the contracts, and consciously allow it to proceed (i.e., let US cloud providers facilitate the foreign spy activity), so that US can monitor the activity?

dfsegoat 10/30/2025||
fwiw towards your theory, I believe that the US Govt actually considers cloud providers - by way of specific services offered "dual use" systems for mil or civil use.

E.g. you will find references in AWS docs to Bureau of Industry/Security rulings.

https://en.wikipedia.org/wiki/Dual-use_technology

https://www.bis.gov/

https://aws.amazon.com/compliance/global-export-compliance/

megous 10/30/2025||
In Microsoft case they provide services for storing and possibly processing (transcribing) calls of millions of people that are under belligerent occupation:

https://www.theguardian.com/world/2025/aug/06/microsoft-isra...

I don't imagine Google and Amazon are any better. I.e. take boatloads of money, while sticking the head into sand and pretend it's not likely used to help the illegal occupation of Palestinians, to persecute and harm them.

cedws 10/30/2025||
Is managing servers really such a lost art that even governments with sensitive data must cede to AWS/Azure/GCP?
dpoloncsak 10/30/2025||
Can't buy stock contracts on Amazon/Microsoft/Google right before you announce the $1B investment towards cloud infrastructure if you roll it all yourself, though
ignoramous 10/30/2025|||
> ...a lost art that even governments with sensitive data must cede to AWS/Azure/GCP?

Apparently, US aid to a country is usually spent on US companies; Israel is no exception: https://theintercept.com/2024/05/01/google-amazon-nimbus-isr...

foota 10/30/2025|||
Apparently, yes: https://www.datacenterdynamics.com/en/news/858tb-of-governme...
zbentley 10/31/2025|||
I’ve seen government datacenters. We should be thankful they’re using the cloud.

That’s not “cloud > onprem always”, that’s “even given cloud providers’ many faults governments are so terrible at managing and securing infrastructure today that the cloud is preferable for them”. Whether you anre pro- or anti-particular-government, you should still support gov-moves-to-cloud. The alternative is proven unbelievably worse on every possible axis.

geodel 10/30/2025|||
It is more of people who can manage servers have no standing in front of people who buy or sell cloud services.
aaa_aaa 10/31/2025||
Some states can get away with what ever they want, so it does not matter for them.
Ozzie_osman 10/30/2025||
> Microsoft said that using Azure in this way violated its terms of service and it was “not in the business of facilitating the mass surveillance of civilians”. Under the terms of the Nimbus deal, Google and Amazon are prohibited from taking such action as it would “discriminate” against the Israeli government. Doing so would incur financial penalties for the companies, as well as legal action for breach of contract.

Insane. Obeying the law or ToS, apparently, is discriminatory when it comes to Israel.

choeger 10/30/2025||
U.S. law. It's pretty obvious that neither Amazon nor Google are good options for serious actors that are not the U.S. government. So if they want to make business outside the U.S., they need to dance around the fact that in the end they bow to the will of Washington.
leoh 10/30/2025|||
It's not insane, at least based on the information in the article, which is entirely insinuation. Do we actually have access to the leaked documents and what specifically was being asked besides a "secret code" being used?
neuroelectron 10/30/2025|||
It would be suicide to sign the contract. It basically allows them to hack their platforms without any repercussions or ability to stop it. They would quickly claim expanded access is part of the contract.
ktallett 10/30/2025|||
This endless bowing down to Israel is and always will be ridiculous. When a country can do whatever they like unchallenged, no matter how wrong, or how illegal, we have failed as a society.
ugh123 10/30/2025|||
That now makes two of U.S.
churchill 10/30/2025||||
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loverofhumanz 10/30/2025|||
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mikkupikku 10/30/2025|||
It's always this same lame rhetoric every single goddamn time.
ktallett 10/30/2025||||
The genocide they have conducted? The war crimes? The fact they have broken international law?
kossTKR 10/30/2025|||
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loverofhumanz 10/30/2025|||
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SuperNinKenDo 10/30/2025||||
Because they overplayed their hand and they know it, so the only thing left to do is go all in and hope the walls they built hold long enough for this to be a fait accompli.
ktallett 10/30/2025|||
Because Israel have gone too far at this point and war crimes aren't justifiable.
churchill 10/30/2025||
You're trying to logically reason people out of a position they didn't reach logically. You'll fail because your target isn't truth-seeking.
cyberax 10/30/2025||||
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loverofhumanz 10/30/2025||||
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1oooqooq 10/30/2025||
while the comment you reply to is borderline insane,

you're taking from a very privileged position in terms of media consumption. the media that criticizes the genocide and the blackflag on oct 7th is very niche and you seem to consume it exclusively. the message is very different within mass media.

leoh 10/30/2025|||
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churchill 10/30/2025||
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leoh 10/30/2025||
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churchill 10/30/2025||
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leoh 10/30/2025||
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leoh 10/30/2025|||
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ktallett 10/30/2025||
I doubt the Guardian has any reason to lie about the documents they have seen. Based on the interactions regarding their war crimes, are you arguing Israel have not basically declared themselves above the law in many ways?
leoh 10/30/2025||
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avh02 10/30/2025|||
it doesn't matter what it does, why it's there, or how often it's used because: 1) skirts the law, 2) infringes on the laws of other countries, and finally 3) it's just so dodgy you have to be asking yourself wtf is going on.
dlubarov 10/30/2025||
How can an independent state "infringe on the laws of other countries"? If you think Israel is somehow bound by foreign states' laws, should it also be enforcing the Great Firewall, for example?

And how is it dodgy to want to know who spies on your data?

avh02 10/30/2025||
> How can an independent state "infringe on the laws of other countries"?

you don't live on earth, do you?

ktallett 10/30/2025|||
It is Israel's method introduced so that when Google and Microsoft who are legally required to pass over stored data based on where their servers are based, to find out who asked for it. I assume in the goal of trying to influence who asked for it.

Did you not read the article?

bjourne 10/31/2025||
So Microsoft is nowadays the American "do no evil" tech giant. How the times have changed!
ozozozd 10/31/2025||
I don’t think this contract would be enforceable. Google/Amazon had no incentive to say no, other than self-respect. Also, how would Israel even know if Google/Amazon failed to “wink”? If they have a way of knowing that, then they don’t need the “wink.”

Google/Amazon could just say yes until the contract is signed, and then just not comply. Israeli government would have no recourse since they can’t go to a US court, and file charges for a US company NOT breaking the law or for complying with a court order. Israel also would not want this to come to light.

It’s like a criminal’s promise. The only recourse is taking your business elsewhere, which Israel would do when they’re tipped off anyways. But at least if Google/Amazon fail to wink, contract lasts a little longer.

rdtsc 10/29/2025|
Now that the trick is out the gag order will say explicitly not to make the payment. Or specifically to make a “false flag” payment, tell them it’s the Italians.
IAmBroom 10/29/2025||
There's no need to alter a gag order. If you attempt an end-run around a gag order by speaking in French or Latin or Swahili, the gag order is still violated. This is exactly the same: changing the language in which the gag order is violated.
Yossarrian22 10/29/2025||
I don’t think speech can be compelled like that latter idea
rdtsc 10/29/2025||
Are payments "speech" though? Just like the Israeli govt thinks they are being "cute" with the "winks" so can other governments be "cute" with their interpretation of "speech".
kevin_thibedeau 10/30/2025|||
The Supreme court has labeled political spending as free speech. No reason it can't extend everywhere.
DonHopkins 10/30/2025|||
Money talks.
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