When questioned about its controversial cloud computing contract with the Israeli government, Google has repeatedly claimed that the so-called Project Nimbus deal is governed by the company’s general cloud computing terms of service policy.
However, contract documents and an internal company email reviewed by The Intercept reveal that the deal between Google and Israel does not adhere to Google’s standard terms of service. Instead, Nimbus operates under an “adjusted” policy specifically drafted for this collaboration between Google and the Israeli government. The specifics of this “Adjusted Terms of Service” policy and how it differs from Google’s usual terms remain unclear.
The joint $1.2 billion contract between Google and Amazon provides the Israeli government, including its military, with advanced cloud computing and artificial intelligence tools under Project Nimbus. This partnership has sparked protests both within and outside of Google, even before Israel’s conflict in Gaza.
While Amazon has largely remained silent in response to employee activism and external scrutiny, Google has consistently downplayed or denied the military implications of Project Nimbus, despite the Israeli Finance Ministry’s announcement that the contract would support the country’s “defense establishment.”
Google has attempted to address concerns about its association with a government under investigation for human rights violations by asserting that Nimbus is bound by the company’s standard rules and regulations.
“We have made it clear that the Nimbus contract is for workloads on our commercial cloud used by Israeli government ministries, which are required to adhere to our Terms of Service and Acceptable Use Policy,” stated a Google spokesperson in statements to Wired and Time magazine, linking to the public copies of each document.
Google Cloud’s terms of service prohibit activities that infringe on legal rights, promote invasive actions, or pose risks of harm or injury to individuals or groups.
“If Google wins the competition, we will need to accept a non-negotiable contract on terms favorable to the government.”
However, the notion that Google’s policy governs the use of Nimbus is challenged by an undisclosed email from a company lawyer. The email, dated December 10, 2020, reveals that Google would be required to adhere to non-negotiable terms favorable to the government should it win the contract. The email also highlights concerns about the Israeli government’s unilateral authority to impose contract changes and restricts Google’s ability to seek damages for permitted uses or breaches. The email does not clarify the limitations on Google’s legal recourse in case of breaches by the Israeli government.
Contrary to Google’s claims, Israeli government contract documents reviewed by The Intercept indicate that Google’s standard terms of service do not apply, and an “adjusted” terms of service document is in place.
“The tenderer [Israel] has adjusted the winning suppliers’ [Google and Amazon] service agreement for each service provided under this contract,” states a 63-page overview of the Nimbus contract. “The Adjusted Terms of Service exclusively govern the cloud services utilized on the winning bidders’ cloud infrastructure.”
Google has not responded to requests for comment.
The existence of an “Adjusted Terms of Service” raises questions about Google’s public statements regarding the contract and its communication with employees about Nimbus.
During an employee Q&A session on October 30, Google’s president of global affairs, Kent Walker, was questioned about how the company is ensuring that its Nimbus work aligns with its “AI Principles” document, which prohibits uses that could cause harm, such as surveillance, weapons, or activities that violate international law and human rights.
Walker stated that Nimbus is governed by Google’s own terms and is focused on public cloud work, not on military or classified information. He reassured that everything on Google’s public Cloud network is subject to their Acceptable Use Policy and Terms of Service, emphasizing their commitment to taking these matters seriously.
However, the Israeli contract document reveals potential contradictions to Google’s claims that Nimbus is not intended for sensitive or military workloads. The contract allows the Israeli government to use any service included in the supplier’s catalog, including highly sensitive information. Additionally, the Digital Marketplace document states that there are no restrictions on the type of systems or information that clients can migrate to the service, including vital systems of high sensitivity level.
If Google lacks meaningful control over Nimbus, it could face consequences beyond public relations issues or internal dissent. The United Nations Special Rapporteur on the occupied Palestinian territory has asked for information regarding private sector involvement in international crimes related to Israel’s unlawful occupation, apartheid regime, and racial segregation.
The Abolitionist Law Center plans to submit a report to the UN detailing how Google and Amazon Web Services’ provision of technological services to the Israeli government through Project Nimbus violates their human rights commitments. The Project Nimbus contract allows Israeli officials to modify the companies’ standard terms of use agreements without public disclosure, raising concerns about complicity in Israel’s actions against Palestinians.
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