Here's how big tech companies like Facebook, Google, and TikTok are reacting to Hong Kong's harsh new national security law

Isobel Asher Hamilton,Rosie PerperJul 7, 2020, 16:32 IST

Recent laws implemented in Hong Kong by Beijing have stripped the region of its previous autonomy.Anthony Kwan/Getty Images

Last week, China unilaterally passed an overarching new national security law in Hong Kong that experts say further erodes the semi-autonomous city's waning freedoms.
The legislation criminalizes what it deems secession, subversion, terrorism, and collusion with a foreign country. Those charged with the most severe offenses — like undermining the Chinese government — face a maximum penalty of life in prison.
On Monday, several major tech companies including Facebook, Twitter, Google, LinkedIn, Telegram, and Zoom, announced they were pausing data processing requests from authorities in Hong Kong while they assess the implications of the law.
Apple said it is assessing the law but has not said it would pause data processing requests.
TikTok said it is leaving Hong Kong "in light of recent events."

Big tech is hitting the pause button in Hong Kong.

Last week, China's top legislative body passed a sweeping new security law in Hong Kong, which criminalizes dissent against the Chinese Communist Party and allows China to set up a national security apparatus in Hong Kong. Those charged with the most severe offenses — like undermining the Chinese government — face a maximum penalty of life in prison.

The new law has already been used to arrest at least ten pro-democracy protesters and has prompted widespread protest among Hong Kong residents who see their freedoms slipping.

The language in the new law is wide-ranging and broadly gives law enforcement the power to block content, intercept private messages, and seize electronic devices, security researcher Samuel Woodhams told Business Insider.

"Above all else, the implementation rules have the potential to radically criminalize online speech in Hong Kong. Given the lack of concrete definitions provided in the national security law, the new legislation has the potential to dramatically erode freedom of expression in Hong Kong," said Woodhams.

On Monday, major tech companies reacted to the law, pausing operations in the region and denying access to any government requests for user data as they assess the implications of the legislation and Hong Kong's future.

Here's how the tech giants have reacted:

Facebook

Facebook CEO Mark Zuckerberg. Drew Angerer/Getty Images

Facebook announced on Monday it would temporarily stop giving Hong Kong user data to the city's authorities, including WhatsApp data.

Ordinarily, police forces can request user data through a dedicated channel. Facebook has suspended Hong Kong police's access to this.

"We believe freedom of expression is a fundamental human right and support the right of people to express themselves without fear for their safety or other repercussions," a Facebook spokesperson said.

"We are pausing the review of government requests for user data from Hong Kong pending further assessment of the National Security Law, including formal human rights due diligence and consultations with international human rights experts," they added.

According to Facebook's latest transparency report, between July and December 2019, it received 241 data requests from Hong Kong authorities and granted access to 46% of requests.

A WhatsApp spokesperson also told Business Insider that its app is "committed to providing private and secure messaging services to our users in Hong Kong."

Facebook announced on Monday it would temporarily stop giving Hong Kong user data to the city's authorities, including WhatsApp data.

Ordinarily, police forces can request user data through a dedicated channel. Facebook has suspended Hong Kong police's access to this.

We believe freedom of expression is a fundamental human right and support the right of people to express themselves without fear for their safety or other repercussions, a Facebook spokesperson said.

We are pausing the review of government requests for user data from Hong Kong pending further assessment of the National Security Law, including formal human rights due diligence and consultations with international human rights experts, they added.

According to Facebook's latest transparency report, between July and December 2019, it received 241 data requests from Hong Kong authorities and granted access to 46% of requests.

A WhatsApp spokesperson also told Business Insider that its app is committed to providing private and secure messaging services to our users in Hong Kong.

Google

Google CEO Sundar Pichai. Denis Balibouse/Reuters

A Google spokesperson told The Verge on Monday the company had already paused processing data requests from Hong Kong when the law came into force on Wednesday last week.

"[W]hen the law took effect, we paused production on any new data requests from Hong Kong authorities [...] and we'll continue to review the details of the new law," the spokesperson said.

A Google spokesperson told The Verge on Monday the company had already paused processing data requests from Hong Kong when the law came into force on Wednesday last week.

[W]hen the law took effect, we paused production on any new data requests from Hong Kong authorities [...] and we'll continue to review the details of the new law, the spokesperson said.

Twitter

Twitter CEO Jack Dorsey. Getty

Twitter told various publications on Monday that, similarly to Google and Facebook, it has paused processing Hong Kong requests for user data.

"Our teams are reviewing the law to assess its implications, particularly as some of the terms of the law are vague and without clear definition," a Twitter spokesperson said, according to Financial Times.

"Google, Facebook, and Twitter's decision to stop processing user data requests is a clear sign that US tech companies are wary of the potential impact of the new legislation," security researcher Samuel Woodhams told Business Insider.

"It's worth noting, however, that most of these companies have only introduced a temporary suspension and it remains unclear what the lasting impact will be," he added.

Twitter told various publications on Monday that, similarly to Google and Facebook, it has paused processing Hong Kong requests for user data.

Our teams are reviewing the law to assess its implications, particularly as some of the terms of the law are vague and without clear definition, a Twitter spokesperson said, according to Financial Times.

Google, Facebook, and Twitter's decision to stop processing user data requests is a clear sign that US tech companies are wary of the potential impact of the new legislation, security researcher Samuel Woodhams told Business Insider.

It's worth noting, however, that most of these companies have only introduced a temporary suspension and it remains unclear what the lasting impact will be, he added.

Apple

Apple CEO Tim Cook. AP Photo/Markus Schreiber

Unlike the other major US tech companies, Apple has not announced it is pausing processing data requests in Hong Kong.

An Apple spokesperson told Bloomberg the company is still "assessing" the implications of the security law.

"Apple has always required that all content requests from local law enforcement authorities be submitted through the Mutual Legal Assistance Treaty in place between the United States and Hong Kong," Apple's spokesperson said, adding "the US Department of Justice reviews Hong Kong authorities' requests for legal conformance."

Mutual Legal Assistance (MLA) treaties are a legal process for law enforcement outside the US to request data from US companies. They don't exclusively apply to Apple and can be a lengthy process, which has sometimes frustrated non-US police investigations.

Apple is also unique among US tech companies in that it not only operates in China — while Facebook, Google, and Twitter are placed behind the Great Firewall — a huge chunk of its supply chain is still in China, although there have been reports circling since last year that the company is trying to spread out its manufacturing.

Unlike the other major US tech companies, Apple has not announced it is pausing processing data requests in Hong Kong.

An Apple spokesperson told Bloomberg the company is still assessing the implications of the security law.

Apple has always required that all content requests from local law enforcement authorities be submitted through the Mutual Legal Assistance Treaty in place between the United States and Hong Kong, Apple's spokesperson said, adding the US Department of Justice reviews Hong Kong authorities' requests for legal conformance.

TikTok, which is owned by Chinese company ByteDance

TikTok CEO Kevin Mayer. AP Images

Short-form video-sharing app TikTok is ceasing operations in Hong Kong altogether. A spokesperson told Business Insider on Sunday the company had decided to pull out of Hong Kong "in light of recent events."

The company said that Hong Kong has also been a small market in terms of the overall number of its users and it was not profitable to maintain operations there.

The company asserts that it has never provided user data to the Chinese government, nor would we do so if asked.

Unlike the other major companies which have reacted to the law, TikTok not a US company. It is owned by Chinese tech giant ByteDance, which is headquartered in Beijing

TikTok has come under intensive scrutiny in the US for its Chinese roots, and on Monday Secretary of State Mike Pompeo said the Trump administration is considering banning the app. "We are taking this very seriously and we are certainly looking at it," Pompeo told Fox News' Laura Ingraham.

Notably, TikTok doesn't actually operate in mainland China but has a sister app called Douyin which does. Reuters reports Douyin has more users than TikTok in Hong Kong.

"Douyin has lots of users in Hong Kong and will continue to serve the users there," ByteDance China CEO Zhang Nan told Reuters.

The company said that Hong Kong has also been a small market in terms of the overall number of its users and it was not profitable to maintain operations there.

The company asserts that it has never provided user data to the Chinese government, nor would we do so if asked.

Unlike the other major companies which have reacted to the law, TikTok not a US company. It is owned by Chinese tech giant ByteDance, which is headquartered in Beijing

TikTok has come under intensive scrutiny in the US for its Chinese roots, and on Monday Secretary of State Mike Pompeo said the Trump administration is considering banning the app. We are taking this very seriously and we are certainly looking at it, Pompeo told Fox News' Laura Ingraham.

Notably, TikTok doesn't actually operate in mainland China but has a sister app called Douyin which does. Reuters reports Douyin has more users than TikTok in Hong Kong.

Douyin has lots of users in Hong Kong and will continue to serve the users there, ByteDance China CEO Zhang Nan told Reuters.

TechCrunch Disrupt Europe: Berlin 2013/Flickr CC

Encrypted messaging service Telegram told Business Insider that the company has never shared any data with Hong Kong authorities in the past, and would not do so in the future.

"We understand the importance of protecting the right to privacy of our Hong Kong users," Telegram marketing head Mike Ravdonikas told Business Insider.

"Telegram has never shared any data with the Hong Kong authorities in the past and does not intend to process any data requests related to its Hong Kong users until an international consensus is reached in relation to the ongoing political changes in the city."

Encrypted messaging service Telegram told Business Insider that the company has never shared any data with Hong Kong authorities in the past, and would not do so in the future.

We understand the importance of protecting the right to privacy of our Hong Kong users, Telegram marketing head Mike Ravdonikas told Business Insider.

Telegram has never shared any data with the Hong Kong authorities in the past and does not intend to process any data requests related to its Hong Kong users until an international consensus is reached in relation to the ongoing political changes in the city.

Microsoft-owned LinkedIn

Kelly Sullivan/Getty Images for LinkedIn

LinkedIn told Quartz reporter Mary Hui that it was "reviewing the new law" and would "pause our responses to local law enforcement requests in Hong Kong as we conduct our review."

LinkedIn told Quartz reporter Mary Hui that it was reviewing the new law and would pause our responses to local law enforcement requests in Hong Kong as we conduct our review.

Zoom

Carlo Allegri/AP

A spokesperson for Zoom told Hong Kong Free Press that it is "actively monitoring the developments in Hong Kong" and has "paused processing any data requests from, and related to, Hong Kong."

"Zoom supports the free and open exchange of thoughts and ideas," a spokesperson told the outlet.

Zoom has faced scrutiny in the past over user privacy and admitted last month that it deactivated the accounts of several US-based human-rights activists at the request of the Chinese government.

A spokesperson for Zoom told Hong Kong Free Press that it is actively monitoring the developments in Hong Kong and has paused processing any data requests from, and related to, Hong Kong.

Zoom supports the free and open exchange of thoughts and ideas, a spokesperson told the outlet.