Entries Tagged "UN"
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Encryption protects our data. It protects our data when it’s sitting on our computers and in data centers, and it protects it when it’s being transmitted around the Internet. It protects our conversations, whether video, voice, or text. It protects our privacy. It protects our anonymity. And sometimes, it protects our lives.
This protection is important for everyone. It’s easy to see how encryption protects journalists, human rights defenders, and political activists in authoritarian countries. But encryption protects the rest of us as well. It protects our data from criminals. It protects it from competitors, neighbors, and family members. It protects it from malicious attackers, and it protects it from accidents.
Encryption works best if it’s ubiquitous and automatic. The two forms of encryption you use most often—https URLs on your browser, and the handset-to-tower link for your cell phone calls—work so well because you don’t even know they’re there.
Encryption should be enabled for everything by default, not a feature you turn on only if you’re doing something you consider worth protecting.
This is important. If we only use encryption when we’re working with important data, then encryption signals that data’s importance. If only dissidents use encryption in a country, that country’s authorities have an easy way of identifying them. But if everyone uses it all of the time, encryption ceases to be a signal. No one can distinguish simple chatting from deeply private conversation. The government can’t tell the dissidents from the rest of the population. Every time you use encryption, you’re protecting someone who needs to use it to stay alive.
It’s important to remember that encryption doesn’t magically convey security. There are many ways to get encryption wrong, and we regularly see them in the headlines. Encryption doesn’t protect your computer or phone from being hacked, and it can’t protect metadata, such as e-mail addresses that need to be unencrypted so your mail can be delivered.
But encryption is the most important privacy-preserving technology we have, and one that is uniquely suited to protect against bulk surveillance—the kind done by governments looking to control their populations and criminals looking for vulnerable victims. By forcing both to target their attacks against individuals, we protect society.
Today, we are seeing government pushback against encryption. Many countries, from States like China and Russia to more democratic governments like the United States and the United Kingdom, are either talking about or implementing policies that limit strong encryption. This is dangerous, because it’s technically impossible, and the attempt will cause incredible damage to the security of the Internet.
There are two morals to all of this. One, we should push companies to offer encryption to everyone, by default. And two, we should resist demands from governments to weaken encryption. Any weakening, even in the name of legitimate law enforcement, puts us all at risk. Even though criminals benefit from strong encryption, we’re all much more secure when we all have strong encryption.
This originally appeared in Securing Safe Spaces Online.
To support the findings contained in the Special Rapporteur’s report, Privacy International, the Harvard Law School’s International Human Rights Law Clinic and ARTICLE 19 have published an accompanying booklet, Securing Safe Spaces Online: Encryption, online anonymity and human rights which explores the impact of measures to restrict online encryption and anonymity in four particular countries —the United Kingdom, Morocco, Pakistan and South Korea.
EDITED TO ADD (7/8): this essay has been translated into Russian.
EDITED TO ADD (4/29/2019): this essay has been translated into Spanish.
EDITED TO ADD (11/13/2019): this essay has been translated into Bosnian.
EDITED TO ADD: this essay has been translated into German.
The United Nation’s Office of the High Commissioner released a report on the value of encryption and anonymity to the world:
Summary: In the present report, submitted in accordance with Human Rights Council resolution 25/2, the Special Rapporteur addresses the use of encryption and anonymity in digital communications. Drawing from research on international and national norms and jurisprudence, and the input of States and civil society, the report concludes that encryption and anonymity enable individuals to exercise their rights to freedom of opinion and expression in the digital age and, as such, deserve strong protection.
Here’s the bottom line:
60. States should not restrict encryption and anonymity, which facilitate and often enable the rights to freedom of opinion and expression. Blanket prohibitions fail to be necessary and proportionate. States should avoid all measures that weaken the security that individuals may enjoy online, such as backdoors, weak encryption standards and key escrows. In addition, States should refrain from making the identification of users a condition for access to digital communications and online services and requiring SIM card registration for mobile users. Corporate actors should likewise consider their own policies that restrict encryption and anonymity (including through the use of pseudonyms). Court-ordered decryption, subject to domestic and international law, may only be permissible when it results from transparent and publicly accessible laws applied solely on a targeted, case-by-case basis to individuals (i.e., not to a mass of people) and subject to judicial warrant and the protection of due process rights of individuals.
One news report called this “wishy-washy when it came to government-mandated backdoors to undermine encryption,” but I don’t see that. Government mandated backdoors, key escrow, and weak encryption are all bad. Corporations should offer their users strong encryption and anonymity. Any systems that still leave corporations with the keys and/or the data—and there are going to be lots of them—should only give them up to the government in the face of an individual and lawful court order.
I think the principles are reasonable.
This story should get more publicity than it has.
Sidebar photo of Bruce Schneier by Joe MacInnis.