Global coalition from five nations demands “Five Eyes” respect encryption

Summary

ARTICLE 19 joins 82 other organisations in the following letter, calling on governments to protect strong encryption.

To the leaders of the world’s governments,

We urge you to protect the security of your citizens, your economy, and your government by supporting the development and use of secure communications tools and technologies, rejecting policies that would prevent or undermine the use of strong encryption, and urging other leaders to do the same.

Encryption tools, technologies, and services are essential to protect against harm and to shield our digital infrastructure and personal communications from unauthorized access. The ability to freely develop  and use encr yption provides the cornerstone for today’s global  economy. Economic  growth in the digital age is powered by the ability to trust and authenticate our interactions and communicate and conduct business securely, both within and across borders.

Some of the most noted  technologists and experts on encryption recently explained (PDF) that laws or policies that undermine encryption would “force a U-turn from the best practices now being deployed  to make  the Internet more secure,” “would substantially increase system complexity”  and raise associated costs, and “would create concentrated targets that could attract bad actors.” The absence of encryption facilitates easy access to sensitive personal data, including  financial  and identity information, by criminals and other malicious actors. Once obtained, sensitive data  can be sold, publicly posted, or used to blackmail or embarrass an individual. Additionally, insufficiently encrypted devices or hardware are prime targets for criminals.

The United Nations Special  Rappor teur for freedom of expression has noted,  “encr yption and anonymity,  and the security concepts behind  them, provide the privacy and security necessar y for the exercise of the right to freedom of opinion and expression in the digital age.”  A s we move toward connecting the next billion users, restrictions on encr yption in any countr y will likely have global  impact. Encr yption and other anonymizing tools and technologies enable law yers, journalists, whistleblowers, and organizers to communicate freely across borders and to work

to better their communities. It also assures users of the integrity of their data  and authenticates individuals to companies, governments, and one another.

We encourage you to support the safety and security of users by strengthening the integrity of communications and systems. All governments should reject laws, policies, or other mandates or practices, including  secret agreements with companies, that limit access to or undermine encryption and other secure communications tools and technologies.

Users should have the option to use—and companies the option to provide—the strongest encryption available, including end-to-end encryption, without fear that governments will compel access to the content, metadata, or encryption keys without due process and respect for human rights. Accordingly:

  • Governments should not ban or otherwise limit user access to encryption in any form or otherwise prohibit the implementation or use of encryption by grade or type;
  •  Governments should not mandate the design or implementation of “backdoors” or vulnerabilities into tools, technologies, or services;
  • Governments should not require that tools, technologies, or services are designed or developed to allow for third- party access to unencrypted data or encryption keys;
  •  Governments should not seek to weaken or undermine encryption standards or intentionally influence the establishment of encryption standards except  to promote a higher level of information security. No government should mandate insecure encryption algorithms, standards, tools, or technologies; and
  •  Governments should not, either by private or public agreement, compel or pressure an entity to engage in activity that is inconsistent with the above tenets.
  •  Strong encryption and the secure tools and systems that rely on it are critical to improving cybersecurity, fostering the digital economy, and protecting users. Our continued ability to leverage the internet for global growth and prosperity and as a tool for organizers and activists requires the ability and the right to communicate privately and securely through trustworthy networks.

We look forward to working together toward a more secure future.

Read the letter in full