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Chronicles

The story behind the story

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An email and documents reveal Google's Project Nimbus deal with Israel isn't subject to Google's general ToS, but an “adjusted” ToS drafted by Google and Israel

When questioned about its controversial cloud computing contract with the Israeli government …

The Intercept Sam Biddle

Context & Ripple Effects

Project Nimbus had already drawn internal concern: Google teams reportedly worried in 2021 that the contract could enable human-rights violations, while employees later objected to the company’s work for Israel in a public letter over Project Nimbus.

The newly reported adjusted terms add a contractual-governance dimension to a dispute previously centered on employee visibility and the use of advanced tools. Later reporting that Israel received Google’s latest AI tools during the war makes the scope and enforceability of service terms more consequential.

First-order effects

  • Google and the Israeli government are reported to operate Project Nimbus under jointly drafted adjusted terms rather than Google’s general ToS, creating a separate rulebook for this customer relationship.
  • The disclosure intensifies scrutiny of what safeguards, restrictions, and remedies in Google’s standard cloud terms do or do not apply to Nimbus users.

Second-order effects

  • Employees and civil-society critics gain a more concrete basis to press Google for disclosure and accountability, extending concerns raised when workers said they were kept in the dark about AI sales to Israel.
  • Other government cloud customers may seek tailored contractual treatment, while Google faces pressure to explain when bespoke public-sector terms can diverge from its published platform rules.

Third-order effects

  • If customized sovereign contracts become routine for AI and cloud services, public ToS may matter less than private procurement agreements in determining how powerful capabilities are governed.
  • The episode points toward a broader contest over whether commercial AI providers can maintain uniform usage standards when states demand contract-specific access and controls.

The trend: This is one data point in the shift toward sovereign AI procurement, where governments negotiate access and governance terms directly with major cloud providers.

Discussion

  • @robsims @robsims on bluesky
    Good lord.  [embedded post]
  • @phinp Phin Pope on bluesky
    This is not new, China TOS are different, nearly every non-harmonised major market will have unique TOS
  • @paulbiggar Paul Biggar on x
    It turns out Google has been lying about Project Nimbus, and they just got found out https://theintercept.com/...
  • @samfbiddle Sam Biddle on x
    Furthermore, Israeli contract documents state that, contrary to Google's repeated claim to the press and its own employees, Nimbus isn't subject to the company's standard TOS and acceptable use policies, but rather an “adjusted” policy drafted by Israel.
  • @theintercept @theintercept on x
    Documents Contradict Google's Claims About Its Project Nimbus Contract With Israel https://theintercept.com/... by @samfbiddle https://theintercept.com/...
  • @samfbiddle Sam Biddle on x
    NEW: Google has long claimed Project Nimbus, its cloud computing contract w/ Israel, is bound to the company's own terms of service rules. I obtained an internal email from a Google lawyer and Israeli gov't contract documents suggesting otherwise. https://theintercept.com/...
  • @samfbiddle Sam Biddle on x
    In 2020, before Google won the Nimbus bid, company lawyer Edward du Boulay warned Israel would be able to unilaterally change the contract at will, and that Google would be unable to sue for damages should the gov't violate any acceptable use agreement