Even the UN believes anonymity and encryption must be protected

For the past several years and particularly in the wake of the Edward Snowden revelations, interest in encrypted and anonymous communications has spread to a much wider audience. More than ever before the ability to send and receive information both privately and anonymously is viewed as crucial in the digital age, enabling all corners of society – especially those most persecuted – to exercise their right to freedom of opinion and expression. On the other hand, however, there are those who abuse those freedoms and the rights of others. And then, rightly or wrongly, there are those who communicate privately in order to undermine their governments. This leads some nations to restrict or even ban encryption, while others seek to introduce laws which allow law enforcement to tap into citzens’ communications. A new report from David Kaye, a UN special rapporteur on freedom of expression, seeks to shine light on these complex issues by asking two questions: Do the rights to privacy and freedom of opinion and expression protect secure online communication, specifically by encryption or anonymity? Assuming an affirmative answer, to what extent may Governments, in accordance with human rights law, impose restrictions on encryption and anonymity?