Encryption’s Critical Role in Safeguarding Human Rights | IGF 2023 WS #356

10 Oct 2023 00:00h - 00:30h UTC

Event report

Speakers and Moderators

Speakers:
  • Roger Dingledine, Private Sector, Western European and Others Group (WEOG)
  • Rand Hammoud, Civil Society, Intergovernmental Organization
  • Sharon Polsky, Private Sector, Western European and Others Group (WEOG)
Moderators:
  • Tate Ryan-Mosley, Technical Community, Western European and Others Group (WEOG)

Table of contents

Disclaimer: This is not an official record of the IGF session. The DiploAI system automatically generates these resources from the audiovisual recording. Resources are presented in their original format, as provided by the AI (e.g. including any spelling mistakes). The accuracy of these resources cannot be guaranteed. The official record of the session can be found on the IGF's official website.

Knowledge Graph of Debate

Session report

Sharon Polsky

Encryption plays a vital role in maintaining confidentiality and privacy across various sectors, including law and healthcare. Lawyers, doctors, and policymakers rely on encryption to safeguard sensitive information and prevent unauthorized access. The positive sentiment towards encryption is driven by its crucial role in protecting client confidentiality and patient privacy. Encrypted communications ensure secure strategy discussions for lawmakers and policy analysts.

Another important argument supporting encryption is the universal need for privacy, whether it is for personal, business, or national security purposes. Encryption is viewed as a fundamental tool that helps individuals protect their privacy. This positive sentiment emphasizes the significance of maintaining encryption as a fundamental aspect of upholding privacy rights.

However, there are concerns about the lack of understanding of technology implications in legislation. The negative sentiment surrounding this issue suggests that uninformed legislation can lead to unintended consequences. Many people use technology without fully comprehending its intricacies, including lawmakers and policymakers. This lack of education and understanding poses challenges in creating effective and well-informed legislation.

Child protection is a pressing concern, but the negative sentiment arises from the concern that laws aimed at protecting children through breaking encryption could result in harmful consequences. These laws might create vulnerabilities in encryption, potentially endangering everyone’s privacy. Furthermore, it is argued that children reporting abuse might be mistakenly flagged as suspects if encryption is compromised.

The need for lawmakers to have a correct understanding of the technology they regulate is highlighted. The negative sentiment stems from the observation that many current lawmakers lack a thorough understanding of encryption technology. Some members of parliament come from non-technical backgrounds, which hinders their ability to comprehend the nuanced aspects of encryption.

Canadian legislation, such as Bill C-18 and Bill C-26, has raised concerns about potential infringements on privacy and freedom. Negative sentiment arises from the observation that these laws allow Canada to govern internet content globally. This broad regulatory reach can undermine privacy and freedom, raising questions about the potential overreach of government intervention.

It is also worth noting that other platforms outside Canada may face challenges in complying with Canadian legislation, as they are not bound by the Canadian Charter that protects individuals against government overreach. This negative sentiment stems from the observation that foreign companies are forced to execute censorship measures, which may conflict with their existing policies and obligations.

The importance of regulators having a proper understanding of what they regulate is emphasized. This positive sentiment highlights the criticalness of regulating technology with a thorough understanding of its impacts and consequences. Sharon Polsky’s argument supports the need for regulators to possess comprehensive knowledge of the technologies they oversee.

Education is proposed as a long-term solution to bridge the gap in understanding technology implications. The positive sentiment suggests that starting from the youngest grades, education should include topics like laws, political structures, and critical decision-making related to technology. This approach aims to equip future generations with the knowledge to create effective legislation and understand the potential risks associated with technology.

Tech companies are criticized for prioritizing shareholder returns over user privacy. The negative sentiment arises from the observation that corporations primarily focus on maximizing profits for shareholders. The promise to prioritize user privacy is viewed as unreliable, as companies are seen as bound to eventually fail in protecting user privacy.

There is a growing awareness among the general public about the monetization of personal information. This positive sentiment suggests that people have become increasingly frustrated with seeing their personal information being used for financial gain. The expectation is that individuals should have control over their personal information and how it is used.

In conclusion, encryption is seen as an essential tool for maintaining confidentiality and privacy in various sectors, but there are concerns about the lack of understanding of technology implications in legislation. The legislation aimed at protecting children through breaking encryption has raised concerns about potential unintended consequences. Education is proposed as a long-term solution, and there is an increasing focus on the need for regulators and policymakers to possess a comprehensive understanding of technology. Tech companies are criticized for prioritizing shareholder returns over user privacy, and individuals are becoming more aware of the monetization of their personal information. The expectation is that companies will have to adapt their practices to meet the demand for better privacy control.

Rand Hammoud

Encryption is widely regarded as crucial for ensuring online security, safety, and trust. It plays a vital role in safeguarding human rights by providing a secure means of communication and organization for activists, lawyers, and human rights defenders. These individuals rely on encryption to protect their freedom of expression and assembly.

However, concerns have been raised regarding the vulnerability of encryption to exploitation by the surveillance industry. It has been argued that these vulnerabilities are harnessed by a billion-dollar surveillance industry, leading to human rights abuses such as enforced disappearances and extrajudicial killings. Such abuses pose significant risks to activists, undermining their ability to protect their rights.

Governments often assert that undermining encryption is necessary for national security. However, there is widespread fear that such actions would make surveillance cheaper and easier, potentially resulting in privacy infringements. There is growing use of spyware against human rights activists and journalists, highlighting the urgency to ban spyware vendors and technologies associated with human rights abuses. Spyware is unregulated and unchecked, and despite the existence of legal frameworks branding surveillance as illegitimate, it continues to be used.

Existing international standards already render surveillance capabilities invasive. The argument that law enforcement requires spyware to maintain national security and safety is contested, as there is no evidence to support its effectiveness in these areas. On the contrary, there is ample evidence indicating that spyware infringes upon individuals’ rights and diminishes their safety.

Undermining encryption is tantamount to assuming everyone is guilty until proven innocent, fundamentally contradicting the existing surveillance system. This highlights the need for an international framework to define surveillance and encryption. Such a framework should be aligned with the spirit of existing rights protections, fostering greater accountability and transparency.

However, advocating for the use of surveillance technologies in autocratic governments presents its own challenges. Limited advocacy avenues and the difficulty in implementing rights-respecting frameworks in such contexts hinder progress in this area. On a contrasting note, economic arguments can be employed to protect the economic advantages of certain companies.

Overall, there is a pressing need for a more comprehensive, global, and international framework governing the use of surveillance technologies. Given the borderless nature of technology, jurisdiction-dependent regulations are inadequate. By establishing clear guidelines and regulations, a more balanced and accountable approach can be adopted, ensuring the protection of human rights and promoting global security.

In conclusion, encryption is integral to online security and the protection of human rights. However, the vulnerabilities of encryption and the misuse of surveillance technologies pose significant risks to individuals and their rights. Upholding encryption and establishing a global, rights-based framework for surveillance technologies are crucial steps to safeguarding privacy, enhancing accountability, and preserving fundamental rights in the digital age.

Tate Ryan-Mosley

This analysis explores various arguments regarding end-to-end encryption and backdoor access. Advocates emphasise the importance of end-to-end encryption in ensuring internet security, particularly in messaging apps like Signal, Telegram, and WhatsApp. These apps employ end-to-end encryption to safeguard user data, ensuring that only the intended recipients can access and decipher messages. Notably, tech companies that create such encrypted apps do not possess decryption keys, enhancing their security.

On the contrary, critics argue that creating a backdoor to encryption would compromise its security. They contend that establishing a master key or any form of backdoor access would be challenging to control, potentially enabling misuse by bad actors or governments. Tech companies vehemently oppose compromising encryption security, as weakening it could have significant implications for user privacy and data protection.

The United Nations (UN) supports strong encryption and concurs with those who assert that encryption backdoors contravene freedom of expression. The UN underscores the imperative nature of robust encryption to enable human rights advocates and journalists to function securely, preserving confidentiality and security.

Lawmakers are currently grappling with the task of addressing harmful online content moderation while maintaining encryption security. They are deliberating ways to gain access to secure communication channels, particularly given the increasing migration of internet users to private platforms like messaging apps. This shift has made monitoring and preventing the dissemination of abusive or harmful information more challenging.

Furthermore, it is essential for lawmakers to possess accurate knowledge of technology to prevent unintended consequences in their legislation. A pertinent example is the scrutiny of the UK online safety bill and similar legislation in Canada, which may inadvertently compromise encryption in an effort to safeguard children. Concerns have been raised that such well-intentioned legislation could endanger everyone, including children, by enabling unauthorized access through encryption backdoors.

Alongside discussions on encryption and backdoor access, the analysis highlights the media’s coverage of non-Western countries. It argues that the press should strive for better representation and reporting of international stories, acknowledging issues such as biases and racism that can influence media coverage. The press is encouraged to maintain openness to improvement and be accountable for their reporting.

In conclusion, the analysis underscores the crucial role of encryption in internet security, while emphasizing the need to strike a balance between public safety and preserving privacy and human rights. It underscores the significance of encryption in protecting free speech, human rights, and the work of journalists. It also highlights the necessity for lawmakers and the press to possess a comprehensive understanding of technology to make informed decisions and enhance their practices.

Roger Dingledine

The discussions revolved around the topic of encryption and privacy, specifically examining their impact on society. Encryption was highlighted as a vital tool that allows individuals to have control over their personal information, offering them the ability to determine who can access their data and ensuring a sense of privacy and security. It was particularly emphasised that encryption is invaluable for vulnerable groups such as minorities and human rights activists, as it plays a crucial role in ensuring their safety.

However, the proposal for backdoor access to encryption was strongly rejected. The argument put forth was that incorporating a backdoor feature in encryption would undermine the entire concept, compromising the safety of everyone. It was emphasised that if a mechanism to break encryption is created, it can be exploited anywhere in the world, regardless of the country, leading to potential misuse. This raised concerns about the weakening of society and the possible dangers associated with backdoors in encryption.

The discussions also highlighted the intrinsic connection between security and privacy. It was argued that security and privacy are essentially two sides of the same coin, both being crucial aspects of individuals’ lives. Instances of identity theft were cited to illustrate the intertwining nature of security and privacy. Furthermore, the reliance of FBI agents, who play a significant role in maintaining security, on tools like TOR was mentioned, underscoring the importance of both security and privacy in their work.

Another significant point of discussion was the adverse effects of false positives generated by automated content moderation tools. It was highlighted that AI-powered systems are not infallible and can produce false positives. This means that innocent users may be falsely reported and labelled as criminals due to errors in content moderation. The potential consequences of such misreporting were stressed, as they can have serious implications and ruin lives.

The discussions also touched upon the unrealistic expectations of politicians who desire technological solutions that provide both privacy and enable surveillance. It was argued that such a solution is currently not technologically feasible and can potentially result in exploitation. Tech companies were criticised for deceiving governments by promising to develop such technology for significant sums, despite its impossibility. The need to strike a balance between privacy and surveillance was emphasised, particularly considering the long-term effects of compromising safety.

Regarding specific tools, the discussions highlighted the significance of encryption in Tor. It was mentioned that Tor is not solely for resisting surveillance but also for resisting censorship. The widespread use of tools like Tor was deemed vital for their effectiveness and safety. It was emphasised that as more common tools incorporate real encryption, it becomes a normal part of everyone’s daily life, rather than being perceived as a sign of political dissent.

Additionally, the discussions raised concerns about the compromising stance of some tech companies on privacy. It was noted that certain tech companies prioritise profit over users’ privacy rights, especially when accessing large markets like China, Russia, Saudi Arabia, and India. This practice was criticised as it enables dangerous actions against user privacy.

In conclusion, the discussions on encryption and privacy shed light on the importance of encryption in safeguarding personal information and the need to have control over its access. The idea of backdoor access to encryption was strongly rejected, highlighting its potential for misuse and the weakening of society. The inherent connection between security and privacy was underscored, with a particular focus on the negative consequences of false positives from automated content moderation tools. The unrealistic expectations of politicians in balancing privacy and surveillance were criticised, while the importance of widespread use of tools like Tor was emphasised. The compromising stance of certain tech companies on privacy for market access was also challenged. Overall, the discussions provided insights into the complex and multifaceted nature of encryption and privacy in contemporary society.

Speaker

The analysis reveals that companies often fail to prioritize privacy, despite claiming to do so. This can be attributed to their primary focus on maximizing returns for shareholders, which raises concerns about the genuine value placed on privacy in corporate decision-making.

Another pressing concern is the negative impact of cybercrime and spyware on economies. Billions of dollars are lost to cybercrime each year, with industry statistics supporting these claims. Moreover, the economic damage caused by cyber threats can surpass the economies of certain nations, emphasizing the need for effective measures to combat cyber threats and protect against economic losses.

On a more positive note, it is acknowledged that Artificial Intelligence (AI) has the potential to contribute positively, particularly in the field of medical advancements. The application of AI in healthcare can drive innovation, improve patient outcomes, and enhance overall well-being. This suggests that if properly harnessed, AI technology could play a significant role in advancing healthcare and addressing societal challenges.

In light of the alarming statistic that millions of people’s genetic identities have been compromised through privacy breaches, it is concluded that government action is imperative. Government intervention is needed to protect individuals’ privacy rights, maintain the integrity of sensitive data, and establish robust regulations that hold companies accountable for any lapses in privacy protection.

In summary, the analysis highlights the tendency of companies to overlook privacy concerns in their pursuit of maximum shareholder returns. The negative impact of cybercrime and spyware on economies serves as a wake-up call, emphasizing the need for comprehensive cybersecurity measures. While opportunities for positive contributions through AI exist, safeguarding privacy must remain a priority. Ultimately, government action is necessary to address privacy breaches, protect individuals’ data, and safeguard the interests of society as a whole.

Smith

The speaker at the event politely requested participants to form a queue at the microphone and introduced herself. She emphasized the limited time remaining and expressed the desire to address both of the upcoming questions within the given timeframe. The speaker’s request for concise questions was to ensure enough time for comprehensive answers. Additionally, the importance of participants introducing themselves before posing questions was highlighted, fostering respect and engagement.

As the queue formed, there was a sense of urgency to address the remaining questions. With only one minute left, the speaker urged the next person in line to promptly ask their question to not miss the chance for a response. This showcased the speaker’s commitment to effectively addressing all inquiries before the session ended.

In conclusion, the speaker’s management of the Q&A session demonstrated professionalism, consideration, and a strong focus on maximizing the remaining time to accommodate participants’ questions.

Audience

During the discussions, various important topics were explored, shedding light on the challenges and complexities surrounding technology, human rights, privacy, and accountability.

One significant point of discussion was the danger posed by encrypted apps in countries with authoritarian regimes. It was argued that the use of encrypted apps can actually endanger users in such countries. The Turkish government was cited as an example, using the presence of encrypted apps as evidence against individuals, highlighting the fact that autocratic nations often learn and adopt oppressive policies from each other. The call was made to consider the context and oppressive governmental practices when assuming the safety of encrypted apps for all users globally.

The biased media coverage of technological issues and human rights abuses was also extensively addressed. It was argued that Western-centric media tends to give more attention to issues in Western countries. Non-Western governments’ tech requests or laws often do not receive as much coverage, despite the potential replication of policies in similar geopolitical contexts. The need for a more global perspective in technology and human rights reporting was emphasized.

The lack of accountability for big tech companies in their interactions with autocratic nations was another key concern. It was pointed out that big tech compliance in autocratic governments is increasing, and these companies are often willing to compromise on human rights for financial gain. There was a call for increased scrutiny and accountability to ensure that these companies are held responsible for their actions in autocratic nations.

The potential for mandated encryption backdoors was also raised, particularly in the context of the UK’s online safety bill. One audience member expressed concern about this possibility and the implications it may have for privacy. The stance was against the implementation of mandated encryption backdoors.

Surveillance capitalism, the practice of tech companies using user data for profit, was identified as a concerning aspect of privacy. It was acknowledged that while governments are mostly blamed for surveillance, tech companies also play a significant role in exploiting user data for financial gain.

The rights of victims of child sexual abuse material (CSAM) were highlighted as often being overlooked. This raised the issue of the need for greater attention and support for victims of such abuse.

The discussion also revealed that, in many cases, tech companies prioritize their revenues over human rights. It was pointed out that companies encrypt data extracted from users primarily to prevent competitors from accessing it, rather than for the protection of user rights.

Double standards in abiding by privacy laws were identified as a problem. Tech companies were found to comply with laws in autocratic states but often ignore those in democratic states, indicating a lack of consistent and ethical practices.

The potential cybersecurity risks associated with data encryption on internet protocols were highlighted. It was argued that the inappropriate use of encryption can weaken cybersecurity, emphasizing the need for careful consideration and implementation.

Finally, the importance of adapting advocacy messaging to different regions was raised. It was noted that different parts of the world may require tailored approaches to effectively communicate and advance human rights and justice.

In conclusion, these discussions shed light on the complex issues surrounding technology, human rights, privacy, and accountability. They highlighted the dangers of encrypted apps in authoritarian regimes, the biased media coverage of technological issues, the need to hold big tech companies accountable, concerns about privacy and surveillance capitalism, overlooked rights of CSAM victims, tech companies prioritizing revenue over human rights, double standards in privacy laws compliance, potential cybersecurity risks of encryption, and the importance of adapting advocacy to different regions. These discussions call for greater awareness, scrutiny, and efforts to ensure the protection of human rights, privacy, and justice in the rapidly evolving digital landscape.

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