Clubhouse Privacy Policy Three Articles of Privacy Crisis: Can be Passed to Government Agencies for National Security Reasons

Recently, Chinese people from both sides of the Taiwan Strait have been using the American voice community platform “Clubhouse” to talk about Xinjiang, Tibet and Hong Kong, and the software was blocked by the Chinese Communist Party yesterday. However, the privacy and security of Clubhouse has been questioned. Radio Free Asia’s review of Clubhouse’s privacy policy indicates that user information can be shared with relevant authorities due to national security concerns. The core technology of the Clubhouse software is said to be based on Agora, a US-listed Chinese technology company, which stated in its US listing that it was subject to speech censorship under Chinese law. The two companies involved did not respond to press inquiries.

Alpha Exploration Co. has a privacy policy that states it will share user information in the event of national security or law enforcement requests.

Transient storage of recorded user data can be transferred to technology partners, governments

The privacy policy also specifically states that international users should be aware that user data will be transferred to the company’s technology partners if applicable. A number of media outlets, including the South China Morning Post, reported that the core voice technology of Clubhouse is provided by a Chinese company, Agora Voice Network. In addition, if a user complains, the company will store the recording of the chat room for a short period of Time until the company completes its investigation.

Clubhouse has not yet officially announced its partnership with Agora, which will be listed on NASDAQ in 2020 and specializes in real-time voice transmission technology, and was founded in 2014 by Chinese national Bin Zhao, with dual headquarters in Shanghai and California. The company’s share price has recently benefited from the popularity of “Clubhouse” and exploded. Zhao Bin said in an interview with the South China Morning Post earlier that he would not store user information.

Agora.com was founded by Chinese Zhao Bin in 2014. (Screenshot from the website of “Agora”)

Hong Kong company set up a holding subsidiary business including security equipment

Agora’s parent company is registered in the Cayman Islands and holds its main Chinese subsidiary through a Hong Kong company, Agora IO HongKong Limited. Zhao Bin served as a director of the Hong Kong company in 2014 and transferred to Fionna Chen, the company’s head of investor relations, as a director until 2019. Ltd. and Shanghai Agora IO Technology Co., Ltd., whose business includes “sales and wholesale of security equipment”, but it is not known whether they have specific products for surveillance functions.

On the “Agora” through the Hong Kong branch to hold a number of mainland technology companies, Hong Kong accountant Lo Yip Tong said in an interview, the past has seen foreign or Hong Kong technology companies have similar practices, is a general business operations.

U.S. listing statements indicate that they are regulated by Chinese regulations

According to Agora’s 2020 U.S. securities registration statement, under the section “Risk of Doing Business in China,” a significant percentage of Agora’s operations remain in China and are regulated by Chinese law, which requires users to delete, record and report to the government if they are found to have leaked state secrets. The company also acknowledges that compliance with relevant laws may affect demand for its products.

The “Information Security and Censorship” section of the statement also states that the Chinese government has strict control over the Internet, and according to the “China Network Security Law,” Internet providers are required to strengthen the management of information posted by users, and if an Internet operator finds “illegal” content, it must immediately delete it, store it in its records, and report it to the relevant authorities.

We found that the privacy policy of the company to which “Clubhouse” belongs indicates that user information can be shared due to national security issues. (Screenshot from Clubhouse website)

Fang Baoqiao warns Hong Kong users of the risks

The Honorary President of the Hong Kong Information Technology Federation, Mr. Fong Po Kiu, said in an interview with the station that Clubhouse explicitly states that it can submit information to law enforcement agencies for national security reasons, which is considered a “global application”.

Fang Baoqiao said: “There must be a risk (for Hong Kong users). The problem is that we don’t know what the company’s guidelines are. Facebook, Google, they have companies in Hong Kong, Facebook, Google in Hong Kong is only to do sales and marketing, but involves service issues, to the United States to decide, ultimately will submit information, depending on the company’s own legal advice decision. Normally (law enforcement agencies) if there are court warrants, as far as I can see, they are very cooperative, such as Facebook, Google, there are annual reports on the number of information submitted to law enforcement agencies.

In terms of data privacy and security, Fong believes that users should be careful about what they say, “because it is always difficult to guarantee that they will not be recorded.

Just as the clubhouse will have an archive to listen to when needed,” Fong said. Will these archives be linked to law enforcement? Absolutely possible. Whether it will do so is not known. Unless it is a closed room, if it is an open room, anyone can come to listen, I believe that some places are encrypted, but in the public level, encryption is useless. In the face to speak carefully, do not think it is clear spring, can speak freely, because we do not know whether someone is listening, in the recording.

The reporter had asked the two companies involved to understand whether they had and would provide user information to the governments of Hong Kong and China in the future, but did not receive a reply before press time. Clubhouse” has been banned in China on Monday (8) after attracting the attention of the government, and Chinese users will not be able to login in the country without “overcoming the wall”. Users in Hong Kong are not yet affected.