Apple’s Chinese and Russian takedowns come under scrutiny

A new report from civil rights group GreatFire has revealed that Apple acts on virtually every takedown request it receives from the Chinese and Russian governments for apps in its App Store, a far higher compliance rate than with requests from other governments.

The report, Taken Down: A Look into Apple’s Transparency, is published this month as part of GreatFire’s AppleCensorship campaign. Written in collaboration with Apple whistleblower Ashley Gjovik, it reveals that the tech company receives an app “takedown” request from a government every 2.5 days on average and removes an app from the App Store every 16 hours. Overall, Apple complies with 74% of these requests, but in the cases of China and Russia the rate is 98% and 95% respectively.

Apple whistleblower Ashley Gjovik is co-author of the new report

Gjovik, who wrote the report’s foreword, was fired by Apple after complaining about toxic waste under her office. Her case was first raised by Index last year. She said of the findings: “Human rights are not determined by borders on maps, or by borders between the physical and online worlds. Freedom of expression is a fundamental right which must be protected: everywhere. Private corporations should not be allowed to deprive people of their rights, nor should we tolerate off-the-record, backroom discussions between corporations and authoritarian governments. We must demand transparency, respect, and dignity.”

Benjamin Ismail, AppleCensorship project coordinator and GreatFire’s campaign and advocacy director, added: “[Apple] must acknowledge the deeply flawed management of its App Store and start taking the necessary steps to prevent government-led and corporate censorship from depriving millions of users of their fundamental rights to access to information and freedom of expression.”

The report calls for more detailed disclosures in Apple’s Transparency Reports, which simply publish the number of take-down requests and the number of apps removed but provide no further information. There is no information, for instance, about the apps themselves, what laws they are alleged to have breached or the legitimacy of  the government requests.

Ashley Gjovik first began to raise questions about toxic vapour intrusion under her office, which, like much of Silicon Valley, was built on polluted industrial land. She had become ill after discovering a similar problem under her apartment block and began to ask questions when Apple staff were asked to return to work after the Covid-19 pandemic.

After a six month battle over the contamination, her contract was finally terminated on the grounds that she had disclosed “confidential product-related information”. This refers to concerns Gjovik raised about experiments carried out on Apple employees involving facial identification and studies of ear canals. Gjovik now believes the corporation retaliated against her for raising her concerns about the risk to her and her fellow employees from the pollution. But instead of walking away she has continued to pursue Apple over its record on safety, privacy and labour rights, both in the United States and Europe.

Gjovik, who was training as a lawyer while working at Apple and now specialises in human rights law, has since taken on numerous cases against Apple. She told Index: “They all focus on one end goal: initiating a serious, global conversation about how to reset domestic and international relationships with these megacorporations. We need to demand transparency, accountability, legal compliance and a workforce that is treated with dignity.”

In trying to protect us online, legislators risk silencing us

I regularly start my weekly blog with the exclamation “there is just too much news!” Too much horror and heartbreak and this week the assertion is all too true.

Russia has invaded a sovereign country and daily we are seeing evidence of war crimes on the continent of Europe; China is arresting yet more democracy activists on the flimsiest of excuses; there have been bombings targeting schools in Afghanistan; a neo-fascist is, yet again, in the final run-off in the French Presidential elections; there are riots in Sweden against the far-right with dozens hurt; people are starving in Shanghai under Covid-19 restrictions; there is active conflict again in Jerusalem, with over 150 Palestinians hurt in clashes after a series of terror attacks targeting Israelis in recent weeks; another video of a black man being fatally shot by the police has emerged in the US – Patrick Lyoya was killed, while being held on the ground, defenceless, on 14 April and riots have followed in Michigan.

Our team at Index is working on every one of these news stories. We work with people on the ground, and we commission dissidents and writers, in country, to give us a first-hand account. In the twenty-first century we can speak to people in every corner of the globe, as events are happening, because of the internet and the social media platforms which afford us all a level of protection because of end-to-end encryption. We work with people on the ground who would be arrested, tortured, or even killed because they want to share their experiences with the world. They want the world to know what is happening to them and to their communities. They are on the frontline in the perpetual fight for our democratic right to freedom of expression. They are vulnerable because of who they are and what they want to share with us, whether that’s their writings, their opinions or their art.

They are brave and inspirational and determined to stand up for what is right. For as long as they want to tell their stories there is a moral onus for us to listen to them.

Which brings me to the current proposals to regulate our online lives currently being progressed in the European Union and in the United Kingdom. In Europe, today (Friday) the final negotiations on the substance of the Digital Services Act are underway and, in the UK, the Online Safety Bill began its parliamentary journey on Tuesday.  Index is working actively with partners to try and mitigate the worst aspects of both pieces of legislation and we were in Brussels this week to make the case for additional protections for freedom of speech. Our overriding goal is to make sure that our access to those brave dissidents is protected and that our rights to discuss the detail of these horrors are protected. To make sure that while legislators are trying to ‘protect’ us online they don’t end up inadvertently silencing us.

Index advocates for free expression within the protections afforded to us by the European Convention on Human Rights. There is no right not be offended. There is no right not to see things online, or in real life, that will upset you. Of course, we all want to protect each other from seeing the worst aspects of human life – that’s an admirable aspiration but it isn’t the grounds for making new law. In fact, it’s the exact opposite – legally we have protected freedom of expression, it’s a fundamental right. I have written before about our concerns regarding online regulation and in the coming months I’ll be writing extensively on it – but we start with the basic principle – what is legal to say should be legal to type. And that should be the case whatever any new legislation seeks to amend.

Shanghai lockdown shows how far Xi will go to control population

Shanghai, a normally buzzing, dynamic city of 25 million, is in week three of an intense lockdown as part of President Xi Jinping’s desire to keep the country “Covid-Zero”. It’s buckling at the knees, so much so that they’ve had to ease measures in some areas. The desperation is in large part due to how mismanaged the lockdown has been. Shanghai authorities’ promises of providing necessities to those confined in their homes have not been kept, leaving many residents starving.

“Pets beaten to death. Parents forced to separate from their children. Elderly folks unable to access medical care. Locked-up residents chanting ‘we want to eat’ and ‘we want freedom’,” ran the lead in a Bloomberg article last week.

As anger bubbles over, the censors are working overtime.

The phrase “buying vegetables in Shanghai”, a video showing mountains of food waste, a post written by Ho Ching, wife of the prime minister of Singapore, calling the Shanghai lockdown “a waste of time, money, resources and opportunities” are just three examples of content that has been censored in the past few weeks in China.

“I am not particularly concerned about politics, and I believe many other ordinary people are the same. Most people just want a safe and comfortable land to live in.” The words of another netizen whose post was blocked. These words speak volumes. Shanghai residents’ desire to post, and particularly post under popular hashtags, isn’t necessarily about making a grand political statement. It’s about a sense of unity at a moment of desperation. It’s a cry for help. It’s a way to pool resources and offer tips.

The intense lockdown, and the government’s response to criticism of it, is deeply disturbing. At the same time it follows a depressingly familiar pattern. Beijing has been pursuing a draconian Covid control policy from the start and censorship has been the government’s bedfellow. Remember Li Wenliang, the Covid doctor who was hunted down for blowing the whistle on the virus?

The censorship we are seeing fits perfectly into the Chinese model that only allows for minimal criticism of policy from the top. And the posts, while not always directly pointed at senior leaders, clash with what they fear the most – collective action. As outlined in 2012 by a Harvard study of Chinese censorship any posts with a hint of collective intent are targeted. One example in this study came from Zhejiang Province. There, following the Japanese earthquake and the subsequent meltdown of the Fukushima nuclear plant, a rumour spread that iodine in salt would counteract radiation exposure. To offset a hectic dash to buy salt, all online content was removed. Yesterday’s iodine in salt is today’s vegetables in Shanghai.

Many are now too scared to speak online about their situation in case they get the dreaded knock on the door. They know the internet police are watching. Some have made the brave move to switch on a VPN, even though VPNs are banned in China. They really want to know exactly what is happening in their city, outside of their own four walls. Who can blame them? By this stage it’s confusing to even know what is happening in Shanghai on a purely clinical level because we simply can’t trust the numbers. Just how many people are currently ill? How effective is the Chinese vaccine against Omicron, and other variants for that matter? The official line says vaccine uptake among the most vulnerable has been low. Exactly how low?

Without knowledge of the real stats, it’s hard to see justification for the lockdown and harder still justification for such an extreme one. As for the blocking of posts related to it that’s condemnable no matter the content or circumstance. Ultimately it feels like we are watching an elaborate show of Xi’s stranglehold on the country. Perhaps that’s the point? This though is a view that can’t be shared on Weibo. Or at least not for long.

Beijing’s fearless foe with God on his side

Jimmy Lai Chi-Ying, Hong Kong’s 74-year-old self-made billionaire, is a dissident. His cause is freedom. For championing this cause, he has been jailed since December 2020. One of the crimes he was found guilty of was lighting a candle in public to commemorate the 1989 Tiananmen Square massacre, when thousands were slaughtered. His real sin, however, was publishing Apple Daily, Hong Kong’s lone voice for freedom. This voice was smothered in June 2021 with the jailing of its senior journalists.

Lai could have remained free – he has homes in Paris, London, Kyoto and Taipei – but chose to stay in solidarity with the Hong Kong democrats being prosecuted. The UK abandoned Hong Kong in 1997 on China’s promise that its seven million-plus people would have “a high degree of autonomy” with “Hong Kong people ruling Hong Kong”.

However, the democrats’ demand for China to honour this pledge was rebuffed from the start and dealt a final blow in 2020 when Beijing imposed direct rule by promulgating a vague and sweeping National Security Law along with an electoral system modelled on Iran’s that allows only handpicked candidates. Virtually all democrat leaders have since been jailed.

Lai was born in Guangzhou. He escaped communist rule at the age of 12 by stealing his way into Hong Kong, hidden in the bottom of a small fishing boat. By the time he was in his 20s, he had risen from a child labourer to owning his own business.

He started Giordano, an international clothing retailer. Along the way he learned English – initially by reading the dictionary while living in the factory where he worked – and took to the brand of free-market economics espoused by Friedrich Hayek and Milton Friedman. He credited his success to the freedom he enjoyed in British Hong Kong. He vows to fight for this freedom so others may have the same opportunities.

Like most Hong Kong people, Lai’s political awakening came in the spring of 1989 when a democratic movement led by students erupted in Tiananmen Square in Beijing. He was sympathetic to their aspirations and lent them support by raising money through his Giordano stores.

After communist tanks mowed down demonstrators on 4 June 1989, he dedicated himself to upholding their torch of democracy by going into publishing in Hong Kong, where the press remained free.

He first launched Next, a weekly magazine, in 1990, and then Apple Daily on the eve of Hong Kong’s transition to Chinese rule. With their bold and fiercely independent editorial stance, both publications enjoyed wide readership and were successfully “cloned” in Taiwan. As the communists tightened their grip on Hong Kong, Lai was first forced to sell his controlling interest in Giordano and then his publications were subjected to orchestrated advertising boycotts. Though financial losses piled up, Lai did not waver. Readers’ loyalty remained to the end: when Apple Daily printed its last edition of one million copies on 24 June 2021, thousands of people waited in the middle of the night for it to roll off the press.

Lai is now represented by the London-based lawyer Caoilfhionn Gallagher QC. She has called Lai “a man of courage and integrity” and vowed to “pursue all available legal remedies to vindicate Mr. Lai’s rights”.

Lai’s wife Teresa is a devout Catholic. He himself converted to Catholicism when Hong Kong came under Chinese rule. China’s communists, often godless, are known to be ruthless, but in this couple they may have met their match. Because of his faith, Lai does not seek temporal salvation. He quoted the 15th-century German priest Thomas a Kempis in a letter to a friend from prison: “If thou willingly bear the Cross, it will bear thee, and will bring thee to the end which thou seekest, even where there shall be the end of suffering; though it shall not be here.”[/vc_column_text][vc_column_text]*****

‘I don’t want my life to be a lie’ – letters from Lai’s prison cell

Jimmy Lai has been in jail since December 2020. He has told friends and associates from his cell that he does not want to turn his “life into a lie” and willingly pays the price for upholding “truth, justice, and goodness”. He said he bears this price gladly and sees it as God’s grace in disguise. Here are excerpts from some of his prison letters.[/vc_column_text][vc_column_text]‘The muted anger of the Hong Kong people is not going away’

Apple Daily published its last edition of one million copies on 24 June 2021. This was how he reacted to it from prison. While deploring what he called “this barbaric suppression”, he was weighed down with guilt that his staff were incarcerated on his account and wished he could share “the pain of the cross” they bear. He vowed to find a spiritual way to help them.

The forced closure of Apple Daily Hong Kong showed clearly what [a] shipwreck life in Hong Kong has become for them. The damage done [by] the Hong Kong government and Beijing’s legitimacy long term is much greater [than] the temporary benefit of quieting down the voice of freedom of speech.

Yes, this barbaric suppression intimidation works. Hong Kong people are all quieted down. But the muted anger they have is not going away. Even those emigrating will have it forever. Many people are emigrating or planning to.

This Apple Daily shutdown only aggravates it, making it certain to people that the hopelessness of Hong Kong is irreversible. The more barbaric [the] treatment of Hong Kong people, [the] greater is their anger, and power of their potential resistance; [the] greater is the distrust of Beijing, of Hong Kong, [the] stricter is their rule to control.

The vicious circle of suppression-anger-and-distrust eventually will turn Hong Kong into a prison, a cage, like Xinjiang. World, cry for Hong Kong people.

Pastor Lee came to visit… Told me he had visited Cheung Kim Hung, our CEO, and Lo Wai Kong, our Chief Editor. They are both being remanded. Cheung, being a devout Christian, is doing fine. But Lo, who has no faith, is miserable.

What I can do to help him? Send him a Bible? But Bible is no faith, not panacea. Maybe I should ask Cardinal Zen to visit him to see what we can do for him.

It would be disingenuous to say that by creating Apple Daily I have put him in this situation. But I do have a guilty feeling and want to share his price of his cross, which is weighing too heavily on him. There must be something I can do to help. I will not cease until I find a way.

“If we suffer courageously, quietly, unselfishly, peacefully, the things [that] wreck our outer being perfect us within, and make us. And as [we] have seen, more truly ourselves.”

‘There is always a price to pay when you put truth, justice and goodness ahead of your own wellbeing’

Lai wrote in July 2021 to console his hotel staff in Canada for their suffering during the pandemic and held out the hope that soon he could share “the coming prosperity” with them. He also updated them on his life in prison, telling them not to worry about him, though when they “pass by a church, do go in and pray for me”.

Dear Bob,

If you are worry[ing] about me, please don’t. I am keeping myself busy reading the scriptures, gospels, theology and books of the saints and their lives… Life is peaceful and edifying… There is always a price to pay when you put truth, justice, and goodness ahead of your own comfort, safety and physical wellbeing, or your life becomes a lie. I choose truth instead of a lie and pay the price. Luckily God has made this price a grace in disguise. I am so grateful.

So, don’t worry about me. However, when you pass by a church, do go in [and] pray for me. Believers and non-believers, the sun shines on you the same. So the Lord will listen to you the same. Thank you! Hope to see you soon,

Cheers,

Jimmy.

‘I am changed… I can’t see myself going back to business again’

Lai wrote to a friend, James, in September 2021, saying that, by clinging to Christ, his life in prison “is full” and spiritually “at peace”. However, he was worried about his wife, Teresa, whom he said was weighed down by grief.

James,

I am doing fine, keeping myself busy, studying gospels, scriptures, theology and books on the saints and lives and prayers, touching the fringe of Christ’s cloak to live, so to speak. Life is full and at peace. I am learning and changed a lot. Can’t see myself going back to business again. All have to depend on others.

I do worry about my wife Teresa. She has lost a lot of weight under the grief of my situation. Lucky she has God [to] abide [with] her. May God bless you all.

Cheers,

Uncle Jimmy

‘But with her prayers, she will slug it through’

In October 2021, Lai wrote to a business associate about his happiness when his family visited him. He urged him to “keep writing”.

I am doing fine here. Happy to see Teresa, Claire, Tim and Ian and my brother… Teresa looks weak and weighed down by grief. But with her prayers, she will slug it through.

I am keeping myself busy here. Spiritual study, drawing and trying to improve my English writing skill. Take care!

So sweet of you to write me. Please keep writing. May God be with you all! Cheers, Uncle Jimmy

‘If thou willingly bear the Cross, it will bring thee [that] which thou seekest… ’

In a November 2021 letter to a friend, Lai copied the following quote from the 15th-century German priest Thomas a Kempis, author of The Imitation of Christ.

“If thou willingly bear the Cross, it will bear thee, and will bring thee to the end which thou seekest, even where there shall be the end of suffering; though it shall not be here.

“If thou bear it unwillingly, thou makest a burden for thyself and greatly increaseth thy load, and yet thou must bear it.”

‘Lord, remember those who shed their blood in Tiananmen Square’

Lai was sentenced 13 months in jail for attending the vigil in Victoria Park, Hong Kong, on 4 June 2020 that marked the 31st anniversary of the Tiananmen Square massacre. He protested his innocence by reading the following statement in court before he was sentenced. He appealed to God to grant the young men and women who died in Tiananmen their redemption.

I did not join the 4 June vigil in Victoria Park. I lit a candle light in front of reporters to remind the world to commemorate and remember those brave young men and women who 31 years ago in Tiananmen Square put the truth, justice and goodness above their lives and died for them.

If [to] commemorate those who died because of injustice is a crime, then inflict on me that crime and let me suffer the punishment of the crime, so that I may share the burden and glory of those men and women who shed their blood on June 4th to proclaim truth, injustice and goodness.

Lord, remember those who shed their blood, but do not remember their cruelty. Remember the fruits those young men and women have borne because what they did and grant, Lord, that the fruits these young men and women have borne may be their redemption. May the power of love of the meek prevail over the power of destruction of the strong.

This article and Lai’s letters appeared in the 50th anniversary issue of Index on Censorship magazine, alongside a picture that Lai drew of Jesus Christ on the cross. They were published on 15th March 2022. Click here for options on how to see and read the article in full.