Human rights and encryption refers to the ways in which digital encryption affects human rights. Encryption can be used as both a detriment and a boon to human rights; for example, encryption can be used to enforce digital rights management for video games. This kind of video game licensing can render software unusable long term and represents the erosion of consumer rights. At the same time, encryption is fundamental part of internet security. Asymmetrical encryption is used extensively online for authentication, providing users confidence their internet traffic is not being misdirected. Encryption is also used to obfuscate information as it travels from end-to-end over the internet, preventing eavesdropping and tampering. Encryption can also provide anonymity, which is an important consideration for freedom of expression. Despite its drawbacks, encryption is essential for a free, open, and trustworthy internet.
Background
Human rights Human rights are moral principles or norms for human behaviour that are regularly protected as legal rights in national and international law. They are commonly understood as inalienable, fundamental rights "to which a person is inherently entitled simply because they are a human being". Those rights are "inherent in all human beings" regardless of their nationality, location, language, religion, ethnic origin, or any other status. They are applicable everywhere and at every time and are universal and egalitarian.
Cryptography Cryptography is a long-standing subfield of both mathematics and computer science. It can generally be defined as "the protection of information and computation using mathematical techniques." Encryption and cryptography are closely interlinked, although "cryptography" has a broader meaning. For example, a digital signature is "cryptography", but not technically "encryption".
Overview
Under international human rights law, freedom of expression is recognized as a human right under Article 19 of the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). In Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice". Since the 1970s, the availability of digital computing and the invention of public-key cryptography have made encryption more widely available. (Previously, encryption techniques were the domain of nation-state actors.) Cryptographic techniques are also used to protect the anonymity of communicating actors and privacy more generally. The availability and use of encryption continue to lead to complex, important, and highly contentious legal policy debates. Some government agencies have made statements or proposals to lessen such usage and deployment due to hurdles it presents for government access. The rise of commercial end-to-end encryption services have pushed towards more debates around the use of encryption and the legal status of cryptography in general. Encryption, as defined above, is a set of cryptographic techniques to protect information. The normative value of encryption, however, is not fixed but varies with the type and purpose of the cryptographic methods used. Traditionally, encryption (cipher) techniques were used to ensure the confidentiality of communications and prevent access to information and communications by others and intended recipients. Cryptography can also ensure the authenticity of communicating parties and the integrity of communications contents, providing a key ingredient for enabling trust in the digital environment. There is a growing awareness within human rights organizations that encryption plays an important role in realizing a free, open, and trustworthy Internet. UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression David Kaye observed, during the Human Rights Council in June 2015, that encryption and anonymity deserve a protected status under the rights to privacy and freedom of expression: "Encryption and anonymity, today's leading vehicles for online security, provide individuals with a means to protect their privacy, empowering them to browse, read, develop and share opinions and information without interference and enabling journalists, civil society organizations, members of ethnic or religious groups, those persecuted because of their sexual orientation or gender identity, activists, scholars, artists and others to exercise the rights to freedom of opinion and expression."
Encryption in media and communication In the context of media and communication, two types of encryption in media and communication can be distinguished:
It could be used as a result of the choice of a service provider or deployed by Internet users. Client-side encryption tools and technologies are relevant for marginalized communities, journalists and other online media actors practicing journalism as a way of protecting their rights. It could prevent unauthorized third party access, but the service provider implementing it would still have access to the relevant user data. End-to-end encryption is an encryption technique that refers to encryption that also prevents service providers themselves from having access to the user's communications. The implementation of these forms of encryption has sparked the most debate since the start of the 21st century.
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