A/HRC/29/32
avoiding identification. A common human desire to protect one’s identity from the crowd,
anonymity may liberate a user to explore and impart ideas and opinions more than she
would using her actual identity. Individuals online may adopt pseudonyms (or, for instance,
fake e-mail or social media accounts) to hide their identities, image, voice, location and so
forth, but the privacy afforded through such pseudonyms is superficial and easily disturbed
by Governments or others with the necessary expertise; in the absence of combinations of
encryption and anonymizing tools, the digital traces that users leave behind render their
identities easily discoverable. Users seeking to ensure full anonymity or mask their identity
(such as hiding the original IP address) against State or criminal intrusion may use tools
such as virtual private networks (VPNs), proxy services, anonymizing networks and
software, and peer-to-peer networks.3 One well-known anonymity tool, the Tor network,
deploys more than 6,000 decentralized computer servers around the world to receive and
relay data multiple times so as to hide identifying information about the end points, creating
strong anonymity for its users.
10.
A key feature of the digital age is that technology changes incessantly to sate user
demands. Although the present report refers to contemporary technologies that facilitate
encryption and anonymity, its analysis and conclusions apply generally to the concepts
behind the current technologies and should be applicable as new technologies replace the
old.
B.
Uses of the technologies
11.
The Internet has profound value for freedom of opinion and expression, as it
magnifies the voice and multiplies the information within reach of everyone who has access
to it. Within a brief period, it has become the central global public forum. As such, an open
and secure Internet should be counted among the leading prerequisites for the enjoyment of
the freedom of expression today. But it is constantly under threat, a space — not unlike the
physical world — in which criminal enterprise, targeted repression and mass data collection
also exist. It is thus critical that individuals find ways to secure themselves online, that
Governments provide such safety in law and policy and that corporate actors design,
develop and market secure-by-default products and services. None of these imperatives is
new. Early in the digital age, Governments recognized the essential role played by
encryption in securing the global economy, using or encouraging its use to secure
Government-issued identity numbers, credit card and banking information, business
proprietary documents and investigations into online crime itself. 4
12.
Encryption and anonymity, separately or together, create a zone of privacy to protect
opinion and belief. For instance, they enable private communications and can shield an
opinion from outside scrutiny, particularly important in hostile political, social, religious
and legal environments. Where States impose unlawful censorship through filtering and
other technologies, the use of encryption and anonymity may empower individuals to
circumvent barriers and access information and ideas without the intrusion of authorities.
Journalists, researchers, lawyers and civil society rely on encryption and anonymity to
shield themselves (and their sources, clients and partners) from surveillance and
harassment. The ability to search the web, develop ideas and communicate securely may be
3
4
Proxy services send data through an intermediary, or “proxy server”, that sends that data on behalf of
the user, effectively masking the user’s IP address with its own to the end recipient. Peer-to-peer
networks partition and store data among interconnected servers and then encrypt that stored data so
that no centralized server has access to identifying information. See, for example, Freenet.
See OECD, Guidelines for Cryptography Policy
(1997).https://www.oecd.org/internet/ieconomy/guidelinesforcryptographypolicy.htm .
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents