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Krishnamoorthi Urges American Web Hosting Companies Not to Comply with Threats from Hong Kong’s National Security Law

October 23, 2024

WASHINGTON, D.C – Ranking Member Raja Krishnamoorthi of the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party wrote to the American web hosting company Automattic, Inc. following its receipt of a demand from Hong Kong authorities to take down the U.S.-hosted website of Flow HK, an online media platform established by pro-democracy activists from Hong Kong who are currently in exile.

The letter emphasizes the need to keep the website operational despite pressure from the Hong Kong police. Other web hosting providers, such as Wix.com, have received similar take-down orders in the past citing Hong Kong’s National Security Law. Complying with such orders would mean making disfavored content unavailable not just in China, but around the world, including in America.

Ranking Member Krishnamoorthi writes, “According to news reports, “[your] company said it had not complied with the order and had notified the site owner.” This decision is appreciated, and not complying with this purported order was clearly the correct choice. Hong Kong’s effort to use its National Security Law to extraterritorially remove lawful content in the United States is unacceptable and American companies should not help facilitate such repression. As discussed at a recent Select Committee hearing, the CCP is increasingly using its laws – including Hong Kong’s National Security Law – as a mechanism to try to silence its critics even here in the United States.”

Ranking Member Krishnamoorthi’s letter further requests that Automattic confirm that it did not comply with the Hong Kong government’s order and asks that the company provide a full copy of the order sent to its representatives by the Hong Kong government.

“Automattic made the moral and ethical decision in this matter,” the letter continues. “All American web hosting services should be aware that Congress will not tolerate any restrictions on Americans’ access to such U.S.-hosted publications based on Hong Kong government demands that rest on an improper assertion of extraterritorial authority under its so-called National Security Law.”

A copy of the order obtained by the Select Committee, which threatens imprisonment for not taking down the publication, is available HERE.

View the full letter HERE or continue reading below.

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To Whom It May Concern:

Flow HK is a website founded by pro-democracy activists who fled Hong Kong. Flow HK’s exiled co-founder, who faces charges in Hong Kong stemming from his activism, describes it as “a media platform committed to promoting Hong Kong story, identity and culture, offering not only news commentary but also book and Hong Kong movie reviews.”1 According to recent news reports, your U.S.-based web hosting service was issued a notice under Hong Kong’s National Security Law demanding you take down this website, making it unavailable for users not just in Hong Kong, but around the world. 2 Voice of America posted the following partial copy of the notice your company received.

According to news reports, “[your] company said it had not complied with the order and had notified the site owner.” This decision is appreciated, and not complying with this purported order was clearly the correct choice. Hong Kong’s effort to use its National Security Law to extraterritorially remove lawful content in the United States is unacceptable and American companies should not help facilitate such repression. As discussed at a recent Select Committee hearing, the CCP is increasingly using its laws – including Hong Kong’s National Security Law – as a mechanism to try to silence its critics even here in the United States.

As such, I respectfully request the following:

  1. Please confirm, as has been reported, that Automattic did not comply with the Hong Kong government’s order.
  2. Please provide a full copy of the order sent to you by the Hong Kong government.

Based on news reports, Automattic made the moral and ethical decision in this matter. All American web hosting services should be aware that Congress will not tolerate any restrictions on Americans’ access to such U.S.-hosted publications based on Hong Kong government demands that rest on an improper assertion of extraterritorial authority under its so-called National Security Law. Thank you for your decision and attention to this matter.

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