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August 28: Reproductive Justice in the Digital AgeThis summer marks the two-year anniversary of the Dobbs decision overturning Roe v. Wade. Join EFF for a livestream discussion about restrictions to reproductive healthcare and the choices people seeking an abortion must face in the digital age where everything is connected, and surveillance is rampant. Learn what’s happening across the United States and how you can get involved with our panel featuring EFF Staff Technologist Daly Barnett, EFF Associate Director of Legislative Activism Hayley Tsukayama, EFF Staff Attorney Jennifer Pinsof, Director of Research and Policy at the Surveillance Resistance Lab Cynthia Conti-Cook, and community organizer Adri Perez.
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This is part two of an ongoing series. Part one on unjust content moderation is here.
Since the start of the Israeli military response to Hamas’ deadly October 7 attack, U.S.-based companies like Google and Amazon have been under pressure to reveal more about the services they provide and the nature of their relationships with the Israeli forces engaging in the military response.
We agree. Without greater transparency, the public cannot tell whether these companies are complying with human rights standards—both those set by the United Nations and those they have publicly set for themselves. We know that this conflict has resulted in alleged war crimes and has involved massive, ongoing surveillance of civilians and refugees living under what international law recognizes as an illegal occupation. That kind of surveillance requires significant technical support and it seems unlikely that it could occur without any ongoing involvement by the companies providing the platforms.
Google's Human Rights statement claims that “In everything we do, including launching new products and expanding our operations around the globe, we are guided by internationally recognized human rights standards. We are committed to respecting the rights enshrined in the Universal Declaration of Human Rights and its implementing treaties, as well as upholding the standards established in the United Nations Guiding Principles on Business and Human Rights (UNGPs) and in the Global Network Initiative Principles (GNI Principles). Google goes further in the case of AI technologies, promising not to design or deploy AI in technologies that are likely to facilitate injuries to people, gather or use information for surveillance or be used in violation of human rights, or even where the use is likely to cause overall harm.”
Amazon states that it is "Guided by the United Nations Guiding Principles on Business and Human Rights," and that their “approach on human rights is informed by international standards; we respect and support the Core Conventions of the International Labour Organization (ILO), the ILO Declaration on Fundamental Principles and Rights at Work, and the UN Universal Declaration of Human Rights.”
It is time for Google and Amazon to tell the truth about use of their technologies in Gaza so that everyone can see whether their human rights commitments were real or simply empty promises.
Concerns about Google and Amazon Facilitating Human Rights AbusesThe Israeli government has long procured surveillance technologies from corporations based in the United States. Most recently, an investigation in August by +972 and Local Call revealed that the Israeli military has been storing intelligence information on Amazon’s Web Services (AWS) cloud after the scale of data collected through mass surveillance on Palestinians in Gaza was too large for military servers alone. The same article reported that the commander of Israel’s Center of Computing and Information Systems unit—responsible for providing data processing for the military—confirmed in an address to military and industry personnel that the Israeli army had been using cloud storage and AI services provided by civilian tech companies, with the logos of AWS, Google Cloud, and Microsoft Azure appearing in the presentation.
This is not the first time Google and Amazon have been involved in providing civilian tech services to the Israeli military, nor is it the first time that questions have been raised about whether that technology is being used to facilitate human rights abuses. In 2021, Google and Amazon Web Services signed a $1.2 billion joint contract with the Israeli military called Project Nimbus to provide cloud services and machine learning tools located within Israel. In an official announcement for the partnership, the Israeli Finance Ministry said that the project sought to “provide the government, the defense establishment and others with an all-encompassing cloud solution.” Under the contract, Google and Amazon reportedly cannot prevent particular agencies of the Israeli government, including the military, from using its services.
Not much is known about the specifics of Nimbus. Google has publicly stated that the project is not aimed at military uses; the Israeli military publicly credits Nimbus with assisting the military in conducting the war. Reports note that the project involves Google establishing a secure instance of the Google Cloud in Israel. According to Google documents from 2022, Google’s Cloud services include object tracking, AI-enabled face recognition and detection, and automated image categorization. Google signed a new consulting deal with the Israeli Ministry of Defense based around the Nimbus platform in March 2024, so Google can’t claim it’s simply caught up in the changed circumstances since 2021.
Alongside Project Nimbus, an anonymous Israeli official reported that the Israeli military deploys face recognition dragnets across the Gaza Strip using two tools that have facial recognition/clustering capabilities: one from Corsight, which is a "facial intelligence company," and the other built into the platform offered through Google Photos.
Clarity NeededBased on the sketchy information available, there is clearly cause for concern and a need for the companies to clarify their roles.
For instance, Google Photos is a general-purpose service and some of the pieces of Project Nimbus are non-specific cloud computing platforms. EFF has long maintained that the misuse of general-purpose technologies alone should not be a basis for liability. But, as with Cisco’s development of a specific module of China’s Golden Shield aimed at identifying the Falun Gong (currently pending in litigation in the U.S. Court of Appeals for the Ninth Circuit), companies should not intentionally provide specific services that facilitate human rights abuses. They must also not willfully blind themselves to how their technologies are being used.
In short, if their technologies are being used to facilitate human rights abuses, whether in Gaza or elsewhere, these tech companies need to publicly demonstrate how they are adhering to their own Human Rights and AI Principles, which are based in international standards.
We (and the whole world) are waiting, Google and Amazon.
