A/HRC/29/32
VPNs and encryption.28 Cuba requires regulatory authorization for those using encryption. 29
In Ethiopia, the Government has the power to set the technical standards of encryption and
recently enacted regulation that criminalizes the manufacture, assembly or import of any
telecommunications equipment without a permit.30 Such regulations impermissibly interfere
with the individual use of encryption in communications.
Intentional weakening of encryption
42.
Some States have implemented or proposed implementing so-called back-door
access in commercially available products, forcing developers to install weaknesses that
allow government authorities access to encrypted communications. Some Governments
have developed or purchased tools to allow such access for domestic surveillance
purposes.31 Senior officials in the United Kingdom and the United States appear to advocate
requiring back-door access. 32 States supporting such measures often claim that a legal
framework for back-door access is necessary to intercept the content of encrypted
communications. Governments proposing back-door access, however, have not
demonstrated that criminal or terrorist use of encryption serves as an insuperable barrier to
law enforcement objectives. Moreover, based on existing technology, intentional flaws
invariably undermine the security of all users online, since a backdoor, even if intended
solely for government access, can be accessed by unauthorized entities, including other
States or non-State actors. Given its widespread and indiscriminate impact, back-door
access would affect, disproportionately, all online users.
43.
The debate on this issue highlights a critical point: requiring encryption back-door
access, even if for legitimate purposes, threatens the privacy necessary to the
unencumbered exercise of the right to freedom of expression. Back-door access has
28
29
30
31
32
See www.ispak.pk/Downloads/PTA_VPN_Policy.pdf.
Submission of Cuba.
See Ethiopia Telecom Fraud Offence Proclamation 761/2012, sects. 3–10.
See Morgan Maquis-Boire and others, For Your Eyes Only (2013, Citizen Lab).
See the speech given by Prime Minister David
Cameronhttps://www.youtube.com/watch?v=juibdvtyzy8https://www.youtube.com/watch?v
=juibdvtyzy8https://www.youtube.com/watch?v=juibdvtyzy8https://www.youtube.com/wat
ch?v=juibdvtyzy8 on 12 January 2015
https://www.youtube.com/watch?v=juibdvtyzy8https://www.youtube.com/watch?v=juibdvt
yzy8https://www.youtube.com/watch?v=juibdvtyzy8at the
https://www.youtube.com/watch?v=juibdvtyzy8Conservative Party
https://www.youtube.com/watch?v=juibdvtyzy8pledges conference for the 2015 general
election and the speech given by James Comey, Director of the Federal Bureau of Investigation, on
16 October 2014, entitled “Going http://www.fbi.gov/news/speeches/going-dark-aretechnology-privacy-and-public-safety-on-a-collision-coursedark:
http://www.fbi.gov/news/speeches/going-dark-are-technology-privacy-and-public-safetyon-a-collision-courseare http://www.fbi.gov/news/speeches/going-dark-are-technologyprivacy-and-public-safety-on-a-collision-coursetechnology,
http://www.fbi.gov/news/speeches/going-dark-are-technology-privacy-and-public-safetyon-a-collision-courseprivacyhttp://www.fbi.gov/news/speeches/going-dark-are-technologyprivacy-and-public-safety-on-a-collision-course and
http://www.fbi.gov/news/speeches/going-dark-are-technology-privacy-and-public-safetyon-a-collision-coursepublic http://www.fbi.gov/news/speeches/going-dark-are-technologyprivacy-and-public-safety-on-a-collision-coursesafety on a
http://www.fbi.gov/news/speeches/going-dark-are-technology-privacy-and-public-safetyon-a-collision-coursecollision http://www.fbi.gov/news/speeches/going-dark-aretechnology-privacy-and-public-safety-on-a-collision-coursecourse?”, at the Brookings
Institution, Washington, D.C.
15
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