Technology

When questioned about its controversial cloud computing contract with the Israeli government, Google has repeatedly claimed the so-called Project Nimbus deal is bound by the company’s general cloud computing terms of service policy.

While that policy would prohibit uses that lead to deprivation of rights, injury, or death, or other harms, contract documents and an internal company email reviewed by The Intercept show the deal forged between Google and Israel doesn’t operate under the tech company’s general terms of service. Rather, Nimbus is subject to an “adjusted” policy drafted between Google and the Israeli government. It is unclear how this “Adjusted Terms of Service” policy differs from Google’s typical terms.

“The tenderer [Israel] has adjusted the winning suppliers’ [Google and Amazon] service agreement for each of the services supplied within the framework of this contract,” according to a 63-page overview of the Nimbus contract published to the Israeli government’s public contracting portal. “The Adjusted Terms of Service are the only terms that shall apply to the cloud services consumed upon the winning bidders’ cloud infrastructure.”

The language about “Adjusted Terms of Service” appears to contradict not only Google’s public claims about the contract, but also how it has represented Nimbus to its own staff. During an October 30 employee Q&A session, Google president of global affairs Kent Walker was asked how the company is ensuring its Nimbus work is consistent with its “AI Principles” document, which forbids uses “that cause or are likely to cause overall harm,” including surveillance, weapons, or anything “whose purpose contravenes widely accepted principles of international law and human rights.”