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Cyber Risks in Hong Kong:
Challenges for Civil Society and
What Next?
Charles Mok
Global Digital Policy Incubator, Cyber Policy Center
Stanford University
July 2, 2023
Before NSL
A look back at one of the freest Internet
environments in Asia
From freedom to censorship
• Before NSL (2020)
• No official or legal mechanism to censor
• No external firewall or filtering mechanism
• Regional telecom hub for underseas cables and datacenters
• Government attempts to introduce censorship
• 2012: Consultation of Control of Obscene and Indecent Articles
Ordinance
• Proposal for mandatory “operator-level content filtering” withdrawn
after public opposition
• 2016: Copyright Ordinance Amendments
• Criminalization of online derivative works of copyrighted materials
• Withdrawn by government in legislature after filibuster in legislature
Can China’s Great Firewall extend to Hong Kong?
• China
• State-owned telecom controls external gateways from 3 coastal cities
with backbone of at least 7 other inland cities (2014)
• China failed to live up to its commitment when joining WTO (2001) for
“ICT and telecom market opening to foreign producers”
• Numerous laws and operational infrastructure to conduct censorship
• Hong Kong’s telecom regime was completely liberalized since 2003
• Buy back incumbent’s external exclusivity license in 1998
• Telecom Ordinance: No limit on number of licenses and foreign
ownership
• No law or censorship infrastructure, until the NSL
• Vibrant civil society, until the NSL

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bangladesh cybersecuritydigital security act
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Charles Mok is a Legislative Councillor in Hong Kong representing the information technology sector. This document provides an overview of internet usage and censorship in China and Hong Kong. It notes that while Hong Kong has no censorship, certain laws like the Computer Crime Ordinance govern internet use. The document calls for more transparency around government requests for user data and content removal to ISPs to protect civil liberties. It also discusses China's increasing censorship and strategies to evade restrictions, as well as the balance Chinese authorities aim to strike between control and economic growth online.

wiki wikimania internet china gfw hk hongkong cens
How to shut down the Internet in Hong Kong?
• Emergency Regulations Ordinance (Cap. 241)
• (1) On any occasion which the Chief Executive in Council may consider to be an
occasion of emergency or public danger he may make any regulations whatsoever
which he may consider desirable in the public interest.
• (2) Without prejudice to the generality of the provisions of subsection (1), such
regulations may provide for
(a)censorship, and the control and suppression of publications, writings, maps,
plans, photographs, communications and means of communication;
• The ERO was used many times in the last three yers to bypass the legislature
• Telecommunications Ordinance (Cap. 106) Section 13
• 13. Possession of telecommunications stations taken by government in emergencies
• (1) Where, in the opinion of the Governor, an emergency has arisen in which it is
expedient for the public service that the Government should have control over
telecommunications stations, the Governor, by warrant under his hand, may direct
or cause such telecommunications stations as are specified in the warrant to be
taken possession of and to be used for the service of the Government…
The decline of trust of Internet freedom
• Downloading of
FireChat during
Hong Kong’s
Umbrella
Movement (2014),
as in Taiwan’s
Sunflower
Movement (2014)
• People worried about
Internet shutdown
though it never
happened.
2019 Anti-extradition bill protests
• Widespread use of Telegram groups
• Apple App Store removal of apps
2019 Anti-extradition bill protests
• Doxxing, from both sides, but law
enforcement on one side only

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Charles Mok discusses China's repressive digital practices, including the Great Firewall that censors the internet, massive government surveillance through tools like facial recognition, and the social credit system. He notes that China is exporting this model of digital control through projects like the Digital Silk Road and by providing technologies to other countries. However, China faces pushback in some Western nations and its efforts to influence global technology standards have met resistance from organizations like IETF and IEEE. Overall, China is actively working to spread its model of internet governance and fragment the global internet while facing challenges to its vision from advocates of multistakeholder governance.

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Cyber Law & Crime (Information Technology Act, 2000)
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This document provides an overview of cyber law and cyber crime in India. It begins with definitions of cyber law and cyber space. It then discusses the need for cyber law in India due to increasing internet usage and cyber crimes. The document outlines the history and key provisions of the Information Technology Act 2000 and its 2008 amendment. It discusses rules notified under the IT Act and other laws amended by it like the IPC and Evidence Act. It also classifies and provides examples of different types of cyber crimes and offenders. Finally, it discusses some important case laws related to cyber crimes in India.

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High Court injunction to censor Internet content (2019.10.31)
• The Police and the Secretary for Justice applied for and was granted a High
Court injunction
• Prohibiting anyone from communicating through “any Internet-based
platform” any materials that “promotes, encourages or incites the use or
threat of violence, intended or likely to cause” bodily injury or property
damage
• Broad and vague scope causing chilling effect on freedom of expression
• Bypass going through the legislative process
• Local civil society (Internet Society Hong Kong) applied for discharge or
restriction on the injunction, after a successful crowdfunding drive
• High Court ruled to continue the injunction with minor amendments to
emphasize the willfulness of the act
• Injunction was extended and remains in force
The new era
Censorship without but beyond the
Great Firewall
National Security Law (2020)
• Mainland law imposed on Hong Kong — not based on Common Law —
targeting against “secession, subversion, terrorism and collusion with
foreign forces”
• Implementation Rules for Article 43 of the Law of the People's Republic of
China on Safeguarding National Security in the Hong Kong SAR:
• A “designated police officer” can order to take down messages or
contention any electronic platform that was deemed “likely to constitute
an offense endangering national security”
• Failure to comply means the service provider may face seizure of their
electronic devices, plus fines and prison terms up to 6 months
• Chief Executive may authorize the police to intercept communications and
conduct surveillance to “prevent and detect offenses endangering
national security”
• The universal reach of the law’s extraterritorial power (long arm jurisdiction)
After NSL
• Civil society in retreat
• Civil society have relied on social media and online services
• Self censorship — removing social media posts or entire profiles
• Online fundraising becomes difficult to impossible
• Media
• Major online and traditional outlets were closed: Apple Daily, StandNews, etc.
• But Hong Kong journalists are extraordinarily resilient: we are now witnessing a realignment
of online press outlets, both in Hong Kong or diaspora
• Blocking of websites hosted overseas
• HKChronicles (doxxing of police officers and pro-Beijing figures)
• Taiwan’s Transitional Justice Commission*, Presbyterian Church*, DPP*, Recruitment Centre
of National Armed Force
• 2021 Hong Kong Charter
• June 4th Incident Online Museum
• Hong Kong Watch (UK human rights group)
• Some were later reported to be accessible again (*)

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Arrests for online postings: no need to even invoke NSL
Legislative changes and
proposals since NSL,
with many more to come
The new national security only priority
will make life harder for civil society
and everyone else
Telecommunications (Registration of SIM Cards) Regulation
• Mobile SIM card registration — “real name system”
• Proposed: Jan 2021
• Effective: Sep 2021
• Registration began: March 2022
• What other countries require SIM card registration for users?
• Biometric registration required: Bahrain, Bangladesh, Belarus, Benin,
China, Ghana, Jordan, Lesotho, Myanmar, Namibia, Nigeria, Oman,
Pakistan, Peru, Philippines, Saudi Arabia, Singapore, Tajikistan,
Tanzania, Thailand, Uganda, United Arab Emirates, Venezuela, and
Zambia
• Considering biometric registration: Argentina, Ethiopia, Indonesia, Japan,
Lebanon, Liberia, North Korea, and Russia
• No such requirement for Hong Kong yet
Personal Data (Privacy) Amendment 2021
• From privacy and data protection to only anti-doxxing
• After several high-profiled data breach incidents (e.g. Cathay Pacific), the
government was consulting for strengthening the privacy law, including the
levels of fines, in the 2016-2020 legislative session.
• After the NSL, the new privacy commissioner (since September 2020) and the
government ignored all other privacy and data protection issue and only
focused on stopping online doxxing.
• Amendments proposed: Jul 2021
• Legislation passed: Sep 2021
• Take effect: Oct 2021
• “Following the amendment of the law in October 2021, up to (last) December
(2022) the commission had handled 2,128 doxxing cases, resulting in 114
criminal investigations and 32 referrals to the police for action.”
16

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But doxxing continues, against the opposition
Cybercrime consultation by the Law Reform Commission
• Consultation paper released on Jun 2022
• “Legal vacuum” in Hong Kong for lack of cybercrime law
• Main concerns of the LRC’s proposals in the consultation:
• No need to prove intent: e.g. “mere unauthorized access should be
criminalized as a summary offense, which does not require malice to be
an element of the offense, subject to the statutory defense of
reasonable excuse.”
• Pre-registration for cybersecurity firms, professionals and researchers
in order to establish defense or exemption?
• Making available or possessing devices or data for committing a crime
• “Anyone who owns a knife that can be used to commit a crime?”
• Risks for any IT platforms, service providers, cloud service providers
etc.
18
Cybercrime consultation by the Law Reform Commission
• Jurisdictional constraints
• What does it mean by “threatening Hong Kong’s security” or “serious damage
to Hong Kong’s public authority”?
• Long arm of extraterritorial jurisdiction again?
• Harsh proposed sentencing
• Up to 14 years imprisonment for aggravated offense.
• Maximum sentence for the aggravated offense for illegal interference with
computer data and a computer system is recommended to be life
imprisonment.
• The NSL factor
• The consultation paper stated: “The duty of Hong Kong to safeguard national
security reaffirmed the need for reform of cybercrime laws in Hong Kong
and the sub-committee has taken this into consideration in its pursuit of the
cybercrime project.”
19
Consultation on Regulation of Crowdfunding Activities
• Erecting further political vetting to make sure no crowdfunding for political activities or civic
activism will be possible, beyond existing under the Securities and Futures Ordinance,
Money Lenders Ordinance and other current oversight under social welfare regulations
• Proposed Crowdfunding Affairs Office (CAO) will require prior applications for any
crowdfunding activity that “raises funds from individuals or entities of Hong Kong, or
individuals or entities located in Hong Kong.”
• “The location of publicizing such activities can be any places, including Hong Kong
and other places, and with declared purposes that are related to Hong Kong or not.”
— in other words, anyone, anywhere, anything.
• Propose “real-name system” for donors, for CAO inspection.
• Propose that "online platforms specifically designed for crowdfunding purpose” should
register with the CAO, including providing “at least one person with a physical address
in Hong Kong” as the designated representative of the platform — the “hostage-taking"
rule.
• Global crowdfunding platforms may simply not take any Hong Kong related fundraising
activities in future.

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This document discusses issues related to the transition to IP networks and net neutrality rules. Regarding the IP transition, it notes that the public telephone network is being replaced by an IP-based network, which could impact services, reliability, and regulatory obligations. On net neutrality, it explains the debate around whether and how to regulate broadband providers to prevent blocking or discrimination of internet traffic. Local governments should be concerned with how these changes could impact services, public safety networks, and economic development. The FCC is considering new rules around an "open internet" and prohibiting blocking of lawful content.

ip transitionfccnet neutrality
A lot more to come
• Cybersecurity law
• Critical infrastructure? Global jurisdiction?
• Misinformation law
• Remove any undesirable content without invoking NSL
• More pressure on platforms and Internet service providers
• Article 23 local national security law legislation and upgrades for NSL
• Relating to “treason, secession, sedition, subversion against the Central
People's
Government,
or theft of state
secrets” and
overseas
political ties
• ….
A case study
The “national anthem” that isn’t and
Google in the crossfire
Google: The culprit or a scapegoat?
• Feb 28, 2023: Wrong “national anthem” for Hong Kong played at ice hockey
match in Korea: “Glory to Hong Kong” (the “Song”)
• The organizer claim they downloaded the wrong song from Google search result.
• Hong Kong government and legislature pressured Google to rectify; Google said
they only relied on established algorithm.
• Indeed, how do you ban a search term for something that does not exist: “Hong
Kong national anthem”?
• After months of stalemate, the Secretary of Justice filed an injunction to the high
court to ban:
• Broadcasting, performing, printing, publishing, selling, offering for sale,
distributing, disseminating, displaying or reproducing in any way (including
online), whether its melody or lyrics or in combination (including any
adaptation of the Song, the melody and/or lyrics of which are substantially
the same as the Song) with intent to insult the national anthem.
To stay or to leave, is that the question?
• 32 instances of the Song was listed in the
appendix of application for the injunction
• Jun 12: Court asked HK government if the
sought ban is global. HK govt: No.
• Court will reconvene on Jul 21.
• Use of injunction to bypass even the rubber-
stamp legislative process
• Lack of western reaction, e.g. US or EU
• Civil society letter to platforms
• It’s more about just Google/YouTube —
Meta, Apple, Spotify, and more
• So, will Google leave Hong Kong?
• Ban the “Song” now, anything in future.

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zakon404internetparliament
Threats to the Internet
Threats to the Internet Threats to the Internet
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Charles Mok discusses various threats facing the internet, including digital repression, surveillance, misinformation, internet shutdowns, and data/cyber sovereignty. He notes that data, standards, infrastructure, and values are fragmenting. Regulatory fragmentation is also occurring as democracies seek backdoors, while authoritarians view cybersecurity as a means of regime security and push for more government control over internet governance through conferences like the World Internet Conference. Overall, Mok argues the vision of "One World, One Internet" is under threat from increasing fragmentation across many areas.

internetinternet fragmentationisoc
The bigger
geopolitical picture
It’s not just about Hong Kong anymore.
De facto sanction on Hong Kong’s critical digital infrastructure
• Since 2019, the US has effectively banned any submarine cable with US
involvement to terminate in Hong Kong.
Goodbye, regional infrastructure hub?
• Not only is Hong Kong’s role
as a telecom, Internet and
data center and cloud service
hub diminished, the
reconfiguration of undersea
cables to mitigate risks in the
South China Sea has
tremendous implications on
the security and resilience
of connectivity in East and
Southeast Asia.
• Or maybe there is no need to
worry? Cambodia is said to be
building a new cable to Hong Kong.
Isolated from western technologies
• Part of China
• No ChatGPT, no Bard
• Still has VPN, for now
• Government does not want foreign firms to
leave, but it will be a hard act to balance

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This document discusses the trend of governments using access restrictions as a policy tool for compliance. It notes that censorship has existed as long as the internet, through methods like the Great Firewall of China. The document examines perspectives from 2011 that viewed access restrictions as minor inconveniences rather than censorship. It analyzes how the UK uses a protective DNS service to block malware while maintaining it is not censorship. Examples from Hong Kong and predictions for other Asian countries show how access restrictions have become mandated under national security laws. The document raises the question of whether similar trends could occur in other countries like the US and Taiwan.

icanntwigftwnic
全球數位威權趨勢及對台灣的挑���和機遇
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全球數位威權趨勢及對台灣的挑戰和機遇

全球數位威權趨勢及對台灣的挑戰和機遇 Digital Authoritarianism: Global Trends, Challenges and Opportunities for Taiwan Keynote for Open Culture Foundation April 8 2023 Taipei, Taiwan

數位威權台灣digital authoritarianism
Technology4democracy: The Potential of Web3 and Blockchain for Democracy
Technology4democracy: The Potential of Web3 and Blockchain for DemocracyTechnology4democracy: The Potential of Web3 and Blockchain for Democracy
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- Web3 aims to decentralize the internet using blockchain technology, removing centralized intermediaries and allowing users to own their own data. This could enable new forms of direct participation like immutable voting. However, others are skeptical that people want to manage their own servers or infrastructure. There are also concerns that Web3 platforms could become controlled by venture capitalists like previous iterations. Some countries and organizations are experimenting with blockchain applications for areas like elections, funding, and transparency. Ensuring governance models are inclusive and address potential threats will be important as Web3 develops.

web3blockchaindemocracy
Sanctions and sanction busting
Last but not least, “aided” by the west?
• Hong Kong’s upcoming legislature spree will not be short of references to
examples from recent western legislations:
• Germany’s NetzDG (Network Enforcement Act) — on “misinformation”
• UK’s Online Safety Bill — to break end-to-end encryption
• Similarly, the US’s EARN IT Act
• France’s draft bill to “regulate and secure the digital space” and its
draft Military Planning Law (LPM)
• Many people worry about the effect of draconian Chinese digital laws on
Hong Kong. I worry even more about such laws from western
democracies.
Charles Mok
Visiting Scholar
Global Digital Policy Incubator
Cyber Policy Center
Stanford University
cpmok@stanford.edu

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Cyber Risks in Hong Kong

  • 1. Cyber Risks in Hong Kong: Challenges for Civil Society and What Next? Charles Mok Global Digital Policy Incubator, Cyber Policy Center Stanford University July 2, 2023
  • 2. Before NSL A look back at one of the freest Internet environments in Asia
  • 3. From freedom to censorship • Before NSL (2020) • No official or legal mechanism to censor • No external firewall or filtering mechanism • Regional telecom hub for underseas cables and datacenters • Government attempts to introduce censorship • 2012: Consultation of Control of Obscene and Indecent Articles Ordinance • Proposal for mandatory “operator-level content filtering” withdrawn after public opposition • 2016: Copyright Ordinance Amendments • Criminalization of online derivative works of copyrighted materials • Withdrawn by government in legislature after filibuster in legislature
  • 4. Can China’s Great Firewall extend to Hong Kong? • China • State-owned telecom controls external gateways from 3 coastal cities with backbone of at least 7 other inland cities (2014) • China failed to live up to its commitment when joining WTO (2001) for “ICT and telecom market opening to foreign producers” • Numerous laws and operational infrastructure to conduct censorship • Hong Kong’s telecom regime was completely liberalized since 2003 • Buy back incumbent’s external exclusivity license in 1998 • Telecom Ordinance: No limit on number of licenses and foreign ownership • No law or censorship infrastructure, until the NSL • Vibrant civil society, until the NSL
  • 5. How to shut down the Internet in Hong Kong? • Emergency Regulations Ordinance (Cap. 241) • (1) On any occasion which the Chief Executive in Council may consider to be an occasion of emergency or public danger he may make any regulations whatsoever which he may consider desirable in the public interest. • (2) Without prejudice to the generality of the provisions of subsection (1), such regulations may provide for (a)censorship, and the control and suppression of publications, writings, maps, plans, photographs, communications and means of communication; • The ERO was used many times in the last three yers to bypass the legislature • Telecommunications Ordinance (Cap. 106) Section 13 • 13. Possession of telecommunications stations taken by government in emergencies • (1) Where, in the opinion of the Governor, an emergency has arisen in which it is expedient for the public service that the Government should have control over telecommunications stations, the Governor, by warrant under his hand, may direct or cause such telecommunications stations as are specified in the warrant to be taken possession of and to be used for the service of the Government…
  • 6. The decline of trust of Internet freedom • Downloading of FireChat during Hong Kong’s Umbrella Movement (2014), as in Taiwan’s Sunflower Movement (2014) • People worried about Internet shutdown though it never happened.
  • 7. 2019 Anti-extradition bill protests • Widespread use of Telegram groups • Apple App Store removal of apps
  • 8. 2019 Anti-extradition bill protests • Doxxing, from both sides, but law enforcement on one side only
  • 9. High Court injunction to censor Internet content (2019.10.31) • The Police and the Secretary for Justice applied for and was granted a High Court injunction • Prohibiting anyone from communicating through “any Internet-based platform” any materials that “promotes, encourages or incites the use or threat of violence, intended or likely to cause” bodily injury or property damage • Broad and vague scope causing chilling effect on freedom of expression • Bypass going through the legislative process • Local civil society (Internet Society Hong Kong) applied for discharge or restriction on the injunction, after a successful crowdfunding drive • High Court ruled to continue the injunction with minor amendments to emphasize the willfulness of the act • Injunction was extended and remains in force
  • 10. The new era Censorship without but beyond the Great Firewall
  • 11. National Security Law (2020) • Mainland law imposed on Hong Kong — not based on Common Law — targeting against “secession, subversion, terrorism and collusion with foreign forces” • Implementation Rules for Article 43 of the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong SAR: • A “designated police officer” can order to take down messages or contention any electronic platform that was deemed “likely to constitute an offense endangering national security” • Failure to comply means the service provider may face seizure of their electronic devices, plus fines and prison terms up to 6 months • Chief Executive may authorize the police to intercept communications and conduct surveillance to “prevent and detect offenses endangering national security” • The universal reach of the law’s extraterritorial power (long arm jurisdiction)
  • 12. After NSL • Civil society in retreat • Civil society have relied on social media and online services • Self censorship — removing social media posts or entire profiles • Online fundraising becomes difficult to impossible • Media • Major online and traditional outlets were closed: Apple Daily, StandNews, etc. • But Hong Kong journalists are extraordinarily resilient: we are now witnessing a realignment of online press outlets, both in Hong Kong or diaspora • Blocking of websites hosted overseas • HKChronicles (doxxing of police officers and pro-Beijing figures) • Taiwan’s Transitional Justice Commission*, Presbyterian Church*, DPP*, Recruitment Centre of National Armed Force • 2021 Hong Kong Charter • June 4th Incident Online Museum • Hong Kong Watch (UK human rights group) • Some were later reported to be accessible again (*)
  • 13. Arrests for online postings: no need to even invoke NSL
  • 14. Legislative changes and proposals since NSL, with many more to come The new national security only priority will make life harder for civil society and everyone else
  • 15. Telecommunications (Registration of SIM Cards) Regulation • Mobile SIM card registration — “real name system” • Proposed: Jan 2021 • Effective: Sep 2021 • Registration began: March 2022 • What other countries require SIM card registration for users? • Biometric registration required: Bahrain, Bangladesh, Belarus, Benin, China, Ghana, Jordan, Lesotho, Myanmar, Namibia, Nigeria, Oman, Pakistan, Peru, Philippines, Saudi Arabia, Singapore, Tajikistan, Tanzania, Thailand, Uganda, United Arab Emirates, Venezuela, and Zambia • Considering biometric registration: Argentina, Ethiopia, Indonesia, Japan, Lebanon, Liberia, North Korea, and Russia • No such requirement for Hong Kong yet
  • 16. Personal Data (Privacy) Amendment 2021 • From privacy and data protection to only anti-doxxing • After several high-profiled data breach incidents (e.g. Cathay Pacific), the government was consulting for strengthening the privacy law, including the levels of fines, in the 2016-2020 legislative session. • After the NSL, the new privacy commissioner (since September 2020) and the government ignored all other privacy and data protection issue and only focused on stopping online doxxing. • Amendments proposed: Jul 2021 • Legislation passed: Sep 2021 • Take effect: Oct 2021 • “Following the amendment of the law in October 2021, up to (last) December (2022) the commission had handled 2,128 doxxing cases, resulting in 114 criminal investigations and 32 referrals to the police for action.” 16
  • 17. But doxxing continues, against the opposition
  • 18. Cybercrime consultation by the Law Reform Commission • Consultation paper released on Jun 2022 • “Legal vacuum” in Hong Kong for lack of cybercrime law • Main concerns of the LRC’s proposals in the consultation: • No need to prove intent: e.g. “mere unauthorized access should be criminalized as a summary offense, which does not require malice to be an element of the offense, subject to the statutory defense of reasonable excuse.” • Pre-registration for cybersecurity firms, professionals and researchers in order to establish defense or exemption? • Making available or possessing devices or data for committing a crime • “Anyone who owns a knife that can be used to commit a crime?” • Risks for any IT platforms, service providers, cloud service providers etc. 18
  • 19. Cybercrime consultation by the Law Reform Commission • Jurisdictional constraints • What does it mean by “threatening Hong Kong’s security” or “serious damage to Hong Kong’s public authority”? • Long arm of extraterritorial jurisdiction again? • Harsh proposed sentencing • Up to 14 years imprisonment for aggravated offense. • Maximum sentence for the aggravated offense for illegal interference with computer data and a computer system is recommended to be life imprisonment. • The NSL factor • The consultation paper stated: “The duty of Hong Kong to safeguard national security reaffirmed the need for reform of cybercrime laws in Hong Kong and the sub-committee has taken this into consideration in its pursuit of the cybercrime project.” 19
  • 20. Consultation on Regulation of Crowdfunding Activities • Erecting further political vetting to make sure no crowdfunding for political activities or civic activism will be possible, beyond existing under the Securities and Futures Ordinance, Money Lenders Ordinance and other current oversight under social welfare regulations • Proposed Crowdfunding Affairs Office (CAO) will require prior applications for any crowdfunding activity that “raises funds from individuals or entities of Hong Kong, or individuals or entities located in Hong Kong.” • “The location of publicizing such activities can be any places, including Hong Kong and other places, and with declared purposes that are related to Hong Kong or not.” — in other words, anyone, anywhere, anything. • Propose “real-name system” for donors, for CAO inspection. • Propose that "online platforms specifically designed for crowdfunding purpose” should register with the CAO, including providing “at least one person with a physical address in Hong Kong” as the designated representative of the platform — the “hostage-taking" rule. • Global crowdfunding platforms may simply not take any Hong Kong related fundraising activities in future.
  • 21. A lot more to come • Cybersecurity law • Critical infrastructure? Global jurisdiction? • Misinformation law • Remove any undesirable content without invoking NSL • More pressure on platforms and Internet service providers • Article 23 local national security law legislation and upgrades for NSL • Relating to “treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets” and overseas political ties • ….
  • 22. A case study The “national anthem” that isn’t and Google in the crossfire
  • 23. Google: The culprit or a scapegoat? • Feb 28, 2023: Wrong “national anthem” for Hong Kong played at ice hockey match in Korea: “Glory to Hong Kong” (the “Song”) • The organizer claim they downloaded the wrong song from Google search result. • Hong Kong government and legislature pressured Google to rectify; Google said they only relied on established algorithm. • Indeed, how do you ban a search term for something that does not exist: “Hong Kong national anthem”? • After months of stalemate, the Secretary of Justice filed an injunction to the high court to ban: • Broadcasting, performing, printing, publishing, selling, offering for sale, distributing, disseminating, displaying or reproducing in any way (including online), whether its melody or lyrics or in combination (including any adaptation of the Song, the melody and/or lyrics of which are substantially the same as the Song) with intent to insult the national anthem.
  • 24. To stay or to leave, is that the question? • 32 instances of the Song was listed in the appendix of application for the injunction • Jun 12: Court asked HK government if the sought ban is global. HK govt: No. • Court will reconvene on Jul 21. • Use of injunction to bypass even the rubber- stamp legislative process • Lack of western reaction, e.g. US or EU • Civil society letter to platforms • It’s more about just Google/YouTube — Meta, Apple, Spotify, and more • So, will Google leave Hong Kong? • Ban the “Song” now, anything in future.
  • 25. The bigger geopolitical picture It’s not just about Hong Kong anymore.
  • 26. De facto sanction on Hong Kong’s critical digital infrastructure • Since 2019, the US has effectively banned any submarine cable with US involvement to terminate in Hong Kong.
  • 27. Goodbye, regional infrastructure hub? • Not only is Hong Kong’s role as a telecom, Internet and data center and cloud service hub diminished, the reconfiguration of undersea cables to mitigate risks in the South China Sea has tremendous implications on the security and resilience of connectivity in East and Southeast Asia. • Or maybe there is no need to worry? Cambodia is said to be building a new cable to Hong Kong.
  • 28. Isolated from western technologies • Part of China • No ChatGPT, no Bard • Still has VPN, for now • Government does not want foreign firms to leave, but it will be a hard act to balance
  • 30. Last but not least, “aided” by the west? • Hong Kong’s upcoming legislature spree will not be short of references to examples from recent western legislations: • Germany’s NetzDG (Network Enforcement Act) — on “misinformation” • UK’s Online Safety Bill — to break end-to-end encryption • Similarly, the US’s EARN IT Act • France’s draft bill to “regulate and secure the digital space” and its draft Military Planning Law (LPM) • Many people worry about the effect of draconian Chinese digital laws on Hong Kong. I worry even more about such laws from western democracies.
  • 31. Charles Mok Visiting Scholar Global Digital Policy Incubator Cyber Policy Center Stanford University cpmok@stanford.edu