Our Regret to the Discloser of Shi Tao's information
by Yahoo Holdings (Hong Kong) Ltd

18th Oct 2005

Mr. Allan Kwan
Managing Director for Yahoo in North Asia
Yahoo! Holdings (Hong Kong) Limited
Room 2802
Sunning Plaza
10 Hysan Avenue
Causeway Bay
Hong Kong

Dear Mr. Kwan,

Prior to the 15th anniversary of the "June 4 Incidence", the Mainland Authority gave instructions to the media regarding the prohibition of memorial activities. Mr. Shi Tao, a Mainland journalist sent the message by email to alert overseas democrats. This however led to his conviction of "illegally providing state secrets to foreign entities" and his sentence of ten years in prison. The verdict of the Changsha Intermediate people's Court of Hunan Province revealed that, Yahoo! Holdings (Hong Kong) Ltd. provided the Mainland Authority with information regarding the physical address of the computer Mr. Shi used for sending the email. The information became important clues for the Mainland Authority in its investigation and eventually became evidence resulting in Mr. Shi's conviction. The Democratic Party hereby expresses our anger and deepest regret to Yahoo's decision in disclosing Mr. Shi's information.

In spite of the fact that Yahoo was bounded by laws and regulations of the Mainland to disclose information to the Authority, it also carries the obligation to ensure that internationally recognized human rights will be fully respected and protected, as clearly stated in the Norms on the Responsibilities of Transnational Corporations and Other Business Enterprise With Regard To Human Rights. It also stipulates that transnational corporations shall refrain from any activities which support, solicit or encourage States or any other entities to abuse human rights. The Democratic Party is very disappointed that Yahoo!, as a transnational enterprise, has failed to fulfill its responsibilities and obligations to protect human rights.

The cost to the media for the protection of journalistic source can be huge. The case of Judith Miller, the New York Times reporter who was jailed for refusing to identify her source is one example. As she stated in the court, "If journalists cannot be trusted to keep information confidential, the system cannot function and there will b no free press." Similarly, if Yahoo does not try its best to keep clients' information confidential, it will lose the trust of its clients. The Democratic Party hopes that Yahoo will value its reputation, try its best to protect clients' information, and promise not to disclose information in the circumstances where human rights may be violated.

After the meeting between our Legislative Councilors Sin Chun-Kai and Albert Ho Chun-yan and the General Manager of Yahoo! Hong Kong, and upon receiving your replying letter to our queries, we understand that it was Yahoo Holdings (Hong Kong) Ltd which provided the information of Shi Tao to the Mainland Authority. Yahoo! Hong Kong has no part to play in the incident. However, the incident has made Hong Kong people skeptical of the commitment of Yahoo! Hong Kong to protect it clients' privacy. According to its privacy policy, Yahoo! Hong Kong can disclose clients' personal information:
- when it considers necessary to share information to assist in investigation, prevention or action against illegal activities; or
- in cases of suspected fraud; or
- in cases involving or threatening someone's personal safety; or
- to prevent behaviors violating yahoo's terms of services or illegal activities.
In view of the grey areas existed in your privacy policy, which is apt to be abused, the Democratic Party urges Yahoo! Hong Kong to review your privacy policy and clarify the conditions under which clients' information will be disclosed and the procedures involved, as well as party receiving or sharing such information. These are essential steps to ensure that clients' information will only be disclosed when genuinely necessary.

The Democratic Party
Vice Minister of Political Affairs: Howard Lam Tsz Kin
Deputy Spokesman of Human Right Policy: Chan Ka Wai