The present report examines the position presented by the Special Rapporteur, David Caye, on the use of encryption and anonymity in digital communications. Drawing from research on international and national norms and jurisprudence, and the input of States and civil society, the report concludes that encryption and anonymity enable individuals to exercise their rights to freedom of opinion and expression in the digital age and, as such, deserve strong protection. In the light of these issues, according to Human Rights Council resolution 25/2, the source under review addresses two interrelated issues. First, do the rights to privacy and freedom of opinion and expression are protected by secure communication on the Internet, in particular through encryption or anonymity? And second, assuming the affirmative answer, to what extent, under human rights law, can restrictions on such encryption and anonymity be imposed?
Keywords: anonymity; encryption; human rights; freedom of speech; freedom of expression; Human Rights Council; imparting information; digital communications.
