A/HRC/23/40
of media. In some States, “cyber police forces” are tasked with inspecting and controlling
the Internet, searching websites and critical nodes within websites (particularly online
discussion forums) with a view to block or shut down websites whenever they contain
content the Government disapproves of, including or criticism of the country’s leadership.
The burden of such policing is transferred to private intermediaries, such as search engines
and social network platforms, through laws that widen liability for proscribed content from
the original speaker to all intermediaries.
E.
Restrictions on anonymity
47.
One of the most important advances facilitated by the advent of the Internet was the
ability to anonymously access and impart information, and to communicate securely
without having to be identified. Initially, this was possible given that there was no “identity
layer” to the Internet; originally, it was not possible to know who was behind a specific
communication, e-mail address, or even a given computer. However, in the name of
security and law enforcement, gradually States have been eradicating the opportunities for
anonymous communication. In many States, individuals must identify themselves at
cybercafés and have their transactions on public computers recorded. Increasingly,
identification and registration are also required when buying a SIM card or mobile
telephone device, for visiting certain major websites, or for making comments on media
sites or blogs.
48.
Restrictions on anonymity facilitate State communications surveillance by
simplifying the identification of individuals accessing or disseminating prohibited content,
making such individuals more vulnerable to other forms of State surveillance.
49.
In this sense, restrictions on anonymity have a chilling effect, dissuading the free
expression of information and ideas. They can also result in individuals’ de facto exclusion
from vital social spheres, undermining their rights to expression and information, and
exacerbating social inequalities. Furthermore, restrictions on anonymity allow for the
collection and compilation of large amounts of data by the private sector, placing a
significant burden and responsibility on corporate actors to protect the privacy and security
of such data.
VI. Concerns on national legal standards
50.
Generally, legislation has not kept pace with the changes in technology. In most
States, legal standards are either non-existent or inadequate to deal with the modern
communications surveillance environment. As a result, States are increasingly seeking to
justify the use of new technologies within the ambits of old legal frameworks, without
recognizing that the expanded capabilities they now possess go far beyond what such
frameworks envisaged. In many countries, this means that vague and broadly conceived
legal provisions are being invoked to legitimize and sanction the use of seriously intrusive
techniques. Without explicit laws authorizing such technologies and techniques, and
defining the scope of their use, individuals are not able to foresee – or even know about –
their application. At the same time, laws are being adopted to broaden the breadth of
national security exceptions, providing for the legitimization of intrusive surveillance
techniques without oversight or independent review.
51.
Inadequate legal standards increase the risk of individuals being exposed to violation
of their human rights, including the right to privacy and the right to freedom of expression.
They also have an adverse impact on certain groups of individuals – for example, members
of certain political parties, trade unionists or national, ethnic and linguistic minorities – who
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