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. === Service providers deployed techniques to prevent unauthorized third-party access. === Among the most widely deployed cryptographic techniques is the securitization of communications channel between internet users and specific service providers from man-in-the-middle attacks, access by unauthorized third parties. Given the breadth of nuances involved, these cryptographic techniques must be run jointly by both the service user and the service provider in order to work properly. They require service providers, including online news publisher(s) or social network(s), to actively implement them into service design. Users cannot deploy these techniques unilaterally; their deployment is contingent on active participation by the service provider. The TLS protocol, which becomes visible to the normal internet user through the HTTPS header, is widely used for securing online commerce, e-government services and health applications as well as devices that make up networked infrastructures, e.g., routers, cameras. However, although the standard has been around since 1990, the wider spread and evolution of the technology has been slow. As with other cryptographic methods and protocols, the practical challenges related to proper, secure and (wider) deployment are significant and have to be considered. Many service providers still do not implement TLS or do not implement it well. In the context of wireless communications, the use of cryptographic techniques that protect communications from third parties are also important. Different standards have been developed to protect wireless communications: 2G, 3G and 4G standards for communication between mobile phones, base stations and base stations controllers; standards to protect communications between mobile devices and wireless routers ('WLAN'); and standards for local computer networks. One common weakness in these designs is that the transmission points of the wireless communication can access all communications e.g., the telecommunications provider. This vulnerability is exacerbated when wireless protocols only authenticate user devices, but not the wireless access point. Whether the data is stored on a device, or on a local server as in the cloud, there is also a distinction between 'at rest'. Given the vulnerability of cellphones to theft for instance, particular attention may be given to limiting service provided access. This does not exclude the situation that the service provider discloses this information to third parties like other commercial entities or governments. The user needs to trust the service provider to act in their interests. The possibility that a service provider is legally compelled to hand over user information or to interfere with particular communications with particular users, remains. === Privacy-enhancing Technologies === There are services that specifically market themselves with claims not to have access to the content of their users' communication. Service Providers can also take measures that restrict their ability to access information and communication, further increasing the protection of users against access to their information and communications. The integrity of these Privacy Enhancing Technologies (PETs), depends on delicate design decisions as well as the
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