A/HRC/29/32 the only way in which many can explore basic aspects of identity, such as one’s gender, religion, ethnicity, national origin or sexuality. Artists rely on encryption and anonymity to safeguard and protect their right to expression, especially in situations where it is not only the State creating limitations but also society that does not tolerate unconventional opinions or expression. 13. The “dark” side of encryption and anonymity is a reflection of the fact that wrongdoing offline takes place online as well. Law enforcement and counter-terrorism officials express concern that terrorists and ordinary criminals use encryption and anonymity to hide their activities, making it difficult for Governments to prevent and conduct investigations into terrorism, the illegal drug trade, organized crime and child pornography, among other government objectives. Harassment and cyberbullying may rely on anonymity as a cowardly mask for discrimination, particularly against members of vulnerable groups. At the same time, however, law enforcement often uses the same tools to ensure their own operational security in undercover operations, while members of vulnerable groups may use the tools to ensure their privacy in the face of harassment. Moreover, Governments have at their disposal a broad set of alternative tools, such as wiretapping, geo-location and tracking, data-mining, traditional physical surveillance and many others, which strengthen contemporary law enforcement and counter-terrorism.5 III. Encryption, anonymity and the rights to freedom of opinion and expression and privacy 14. The human rights legal framework for encryption and anonymity requires, first, evaluating the scope of the rights at issue and their application to encryption and anonymity; and, second, assessing whether, and if so to what extent, restrictions may lawfully be placed on the use of technologies that promote and protect the rights to privacy and freedom of opinion and expression. 15. The rights to privacy6 and freedom of opinion and expression7 have been codified in universal and regional human rights instruments, interpreted by treaty bodies and regional courts, and evaluated by special procedures of the Human Rights Council and during universal periodic review. The universal standards for privacy, opinion and expression are found in the International Covenant on Civil and Political Rights, to which 168 States are party. Even for those remaining States that are not bound by it, the Covenant presents at the very least a standard for achievement and often reflects a customary legal norm; those that 5 6 7 6 See Center for Democracy and Technology, “‘Going Dark’https://cdt.org/blog/%25e2%2580%2598going-dark%25e2%2580%2599-versus-a%25e2%2580%2598golden-age-for-surveillance%25e2%2580%2599/ versus a ‘https://cdt.org/blog/%25e2%2580%2598going-dark%25e2%2580%2599-versus-a%25e2%2580%2598golden-age-for-surveillance%25e2%2580%2599/Golden Age for Surveillance’” (2011). Article 12 of the Universal Declaration of Human Rights, article 17 of the International Covenant on Civil and Political Rights, article 16 of the Convention on the Rights of the Child, article 22 of the Convention on the Rights of Persons with Disabilities, article 14 of the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, article 8 of the European Convention on Human Rights and article 11 of the American Convention on Human Rights protect the right to privacy. Article 19 of the Universal Declaration and the International Covenant on Civil and Political Rights, article 9 of the African Charter on Human and Peoples’ Rights, article 13 of the American Convention on Human Rights and article 10 of the European Convention on Human Rights protect freedom of expression.