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Strong Encryption and Protection of Human Rights: The Virtuous Cycle
Vincent Mwando
1.0 Introduction
The role of internet governance has gained prominence today especially with the setting in of
the Covid-19 pandemic. As the pandemic started spreading around the globe, government,
private and community institutions closed their doors to mitigate the negative effects.
Uncertainty grew with every passing day as the pandemic claimed lives and led to many more
being hospitalised. Many people were cut off from essential services such as health services
and access to food. This caused despair among many people. There was concern not just about
the daily human activities but about the future of the humanity. Throughout all these situations,
the internet kept the world going. As the Internet Society 2020 Impact Report noted, ‘The
Internet is a lifeline’. With internet access, people in remote areas of the globe have been able
to access healthcare services and food supply. Countries such as Rwanda, Malawi and Ghana
were already using drone before the pandemic. They modified the drone operations to deliver
regular medical and Covid-19 supplies.1
This was facilitated by internet access.
The internet had to quickly adjust to accommodate the usual and emerging uses. This is
evident in the fact that ‘A record number of people were online in 2020’ as noted by the section
of the Internet Society 2020 Impact Report which assess how the internet fared during the
setting in of the pandemic. The report further notes that internet usage surged up to 70 percent.
A new world record in data consumption was set with the Deutsche Commercial Internet
Exchange (DE-CIX) in Frankfurt reaching 9.1 Terabits per second in March 2020.2
However, the increased usage of the internet also saw the increase in the challenges to
internet access. Issues of availability and stability of infrastructure as well as the security of the
activities being conducted online were brought to the limelight. Most aspects of human life
‘moved’ online. Consequently, internet governance had to address the emerging challenges.
On the one hand, some people were not able to access essential services due to unavailability
of infrastructure. On the other hand, some people were able to access internet services, but the
quality of access was compromised due to security challenges such as hackings. It was
therefore necessary for the stakeholders in internet governance to urgently address the situation.
The Internet Society played a role in addressing the challenges. For example, in collaboration
with the African Union Commission (AUC) and African Telecommunications Union (ATU),
1
UNICEF Supply Division, How drones can be used to combat COVID-19, Rapid Guidance, Page 1
<https://www.unicef.org/supply/media/5286/file/%20Rapid-guidance-how-can-drones-help-in-COVID-19-
response.pdf.pdf> accessed 30 August 2021.
2
Internet Society, 2020 Impact Report: The Internet is a Lifeline, May 2021, page 4.

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the Internet Society conducted a series of seven seminars on African Internet resilience with
the aim being to maintain and strengthen networks.3
The Chapters of the Internet Society also
took part in activities including trainings on Mutually Agreed Norms for Routing Security
(MANRS) which highlighted in details the two ways we get to engage and refer to routing;
inside Autonomous Systems and between Autonomous Systems.
To further address these challenges and find innovative ways to move forward, the
Internet Society has come up with the 2021 action plan. The Action Plan is aimed at
‘Empowering People to Create a Bigger and Stronger Internet’. It seeks to achieve this through
three focus areas: growing the internet; strengthening the internet; and empowering people to
take action. Under growing the internet, the Action Plan seeks to accomplish the following
objectives: building community networks; fostering infrastructure and community
development; and measuring the internet. Under strengthening the internet, the action plan
seeks to accomplish the following: promoting the internet way of networking; extending
encryption; securing global routing; and preserving the open internet model at the WTSA.
Under empowering people to take action, the action plan seeks to achieve the following:
supporting community participation; building expertise and capacity; and securing resources
for growth and greater impact.
This paper focuses on the objective of extending encryption, which falls under the
second focus area of the Action Plan. The aim of the paper is to draw a connection between
strong encryption and the protection of human rights. The protection of human rights features
prominently during this year’s annual Internet Governance Forum (IGF) meeting to be hosted
by the Government of Poland in December with the theme: Internet United. The IGF ‘is a
global multistakeholder platform that facilitates the discussion of public policy issues
pertaining to the Internet’.4
It is convened by the United Nations (UN) Secretary General
pursuant to the resolution adopted by the UN General Assembly on 16 December 2015,
(70/125) ‘Outcome document of the high-level meeting of the General Assembly on the overall
review of the implementation of the outcomes of the World Summit on the Information
Society’.5
The Tunis Agenda for the Information Society sets out the mandate of IGF to include
bringing together the stakeholders in internet governance such as governmental organizations,
academic, scientific and technical communities, private bodies and internet users, to discuss
3
Internet Society, 2020 Impact Report, page 4.
4
Internet Governance Forum (IGF) <https://www.intgovforum.org/multilingual/> accessed 30 August 2021.
5
United Nations General Assembly, Resolution 70/125: Outcome document of the high-level meeting of the General Assembly
on the overall review of the implementation of the outcomes of the World Summit on the Information Society, 16 December
2015, A/RES/70/125.

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public policy issues with the aim of fostering sustainability, robustness, security, stability and
development of the Internet.6
In furtherance of its mandate, the IGF has identified issue areas for 2021. The issues
are grouped into two baskets: a main focus area basket; and an emerging and cross cutting issue
basket. The main focus area helps the IGF maintain focus while the emerging and cross cutting
area ensures that the IGF remains open to tackle arising issues. Under the main focus area
basket are economic and social inclusion and human rights, and universal access and
meaningful connectivity. Under the emerging and cross cutting issue basket are: emerging
regulation: market structure, content, data and consumer/users rights regulation; environmental
sustainability and climate change; inclusive Internet governance ecosystems and digital
cooperation; and trust, security, stability. This paper draws the connection between
strengthening the internet through strong encryption and protecting human rights. It seeks to
create synergy between the Internet Society 2021 Action Plan and the 2021 IGF Issue Areas.
2.0 Strong Encryption
Encryption is ‘the process of scrambling data so it can be read only by someone with the means
to return it to the original state’.7
It takes the following broad forms. There is symmetric
encryption where an identical key is used to encrypt and decrypt the message. In asymmetric
encryption, the keys come in pairs (public and private), and the message encrypted with the
public key can only be decrypted with the corresponding private key. In end-to-end encryption,
only the sender and the recipient can read the message. Data-at-rest encryption is where the
data is protected by encryption in the places where it is physically stored in digital form.8
These
aspects of encryption are essential for the proper functioning of the Internet. Encryption ensures
that the data stored on computer systems, those on cloud computing such as Apple and Google,
and those being transmitted through computer networks, including the Internet, are protected.
It ensures that only those intended to receive the message do. Additionally, encryption assists
in the maintenance of the Internet model of development as it ensures that the information flow
in the internet does not fall into the control of a few governments and private sector institutions.
The development of encryption has not been without controversy. Despite its huge
advantage of ensuring the privacy of both stored and information in transit, governments and
law enforcement agencies always point out the fact that criminals can use encryption to hide
6
World Summit on the Information Society, Geneva 2003 – Tunis 2005, Tunis Agenda for the Information Society, 18
November 2005, paragraphs 72-78 <https://www.itu.int/net/wsis/docs2/tunis/off/6rev1.html> accessed 30 August 2021.
7
Internet Society, Policy Brief – Encryption, 03 June 2016, page 1 <https://www.internetsociety.org/wp-
content/uploads/2020/07/PolicyBrief-Encryption.pdf> accessed 30 August 2021.
8
Internet Society, Policy Brief – Encryption, page 2.

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their activities.9
This often leads to debates in this area being framed as ‘security versus
privacy’.10
On the one hand, government and law enforcement bodies are of the opinion that
access to encrypted data is necessary to ensure the security of citizens. Citizens and civil society
groups, on the other hand, argue that encryption is essential for private communication without
the interference of government and commercial actors. The debate has in many instances been
escalated to court cases where law enforcement agencies seek orders to compel the
manufacturers of encrypted communication devices to unlock the devices or create a backdoor.
There are many examples including instances where the Federal Bureau of Investigation (FBI)
of the United States government was seeking to access iPhones of persons involved in the
shooting in San Bernardino, California, where 14 people were killed in 2016, and the shooting
in Pensacola, Florida, in 2020, where three people were killed.11
Owing to the refusal by the manufacturers of encrypted devices to create backdoors,
some private actors in the technology industry, for example, Grayshift, have developed tools
intended to be used by law enforcement agencies to access the data in encrypted devices.
Grayshift states on its website that ‘Access is the cornerstone of digital forensics. Grayshift has
developed GrayKey, a state-of-the-art forensic access tool, that extracts encrypted or
inaccessible data from mobile devices. GrayKey accesses more data than any other technology
to help you solve more cases.’12
The tool is used for both iOS and Android operating devices.13
While tools such as the one above are developed with the intention of being used by law
enforcement agencies to fight crime, there are legitimate concerns that the tools can be used to
violate the human rights of innocent persons. The first concern is that some officers within the
law enforcement agencies may use the tools to pursue personal vendettas. The tools may be
used to target individuals who have personal differences with the officers. Many law
enforcement agencies have codes of conduct that guide the use of official resources but the
same are not always enforced. In fact, in some instances, the law enforcement agencies may be
using such tools at the behest of the political class in the government. Some dictatorial regimes
may use such avenues to target political opponents, journalists, human rights activists, and the
civil society generally.
9
Internet Society, Policy Brief – Encryption, page 2.
10
Internet Society, Policy Brief – Encryption, page 3.
11
Jack Nicas and Katie Benner, ‘F.B.I. asks Apple to help unlock two iPhones’ The New York Times, 7 January 2020
<https://www.nytimes.com/2020/01/07/technology/apple-fbi-iphone-encryption.html> accessed 30 August 2021.
12
Grayshift, Introducing GrayKey <https://www.grayshift.com/graykey/> accessed 30 August 2021.
13
Lily Hay Newman, “How Law Enforcement Gets Around Your Smartphone’s Encryption” Wired US, 13 January 2021
<https://www.wired.com/story/smartphone-encryption-law-enforcement-tools/> accessed 30 August 2021.

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The second concern is that while the tools are developed for law enforcement agencies,
there is the possibility that they will fall into private hands and be used by criminals to target
the civilians. There are many ways in which such devices can end up in the hands of criminals.
Examples include instances where the devices are stolen from or lost by law enforcement and
where officials sell or hire out the devices to criminals due to corruption within governments.
These concerns pose a real threat to the security of the Internet and the protection of human
rights generally.
3.0 Human Rights Protection
Human rights are the entitlements that we have by virtue of being human beings.14
They are
not granted by law; the law only safeguards them. Additionally, the rights are inherent to all
human beings regardless of aspects such as race, sex, religion, and nationality. The protection
of human rights is guided by principles including the following: universal and inalienable; and
indivisible and interdependent. Universality captures the fact that all human beings are equally
entitled to human rights. Human rights are inalienable since they should not be taken away
except in line with due process. Human rights are indivisible and interdependent since ‘one set
of rights cannot be enjoyed fully without the other.’15
They are protected by legal instruments
including the Universal Declaration of Human Rights (UDHR), the International Covenant for
Civil and Political Rights, and the International Covenant for Economic, Social and Cultural
Rights, which make up the International Bill of Rights.
However, the recognition of human rights principles and the enactment of the various
laws and policies is yet to ensure that all human beings attain the required protection in practice.
Many people in various parts of the world continue to suffer violations of their rights by
government entities and private actors. This situation was worsened by the Covid-19 pandemic.
As noted in one of the main focus areas of IGF 2021 – Economic and social inclusion and
human rights, ‘The COVID-19 pandemic has shed light on existing and growing inequalities
around the world.’ Additionally, while the Internet Society 2020 Impact Report notes that ‘The
Internet is a lifeline’ and ‘has allowed people to continue to exercise their rights and advocate
for change,’ it also highlights that this is ‘only the reality for people with Internet
connectivity.’16
It adds that ‘For those without it, closing the digital divide has never been more
urgent. Internet access should not be a luxury, and it can no longer be neglected.’17
14
United Nations human Rights Office of the High Commissioner, ‘What are human rights?’
<https://www.ohchr.org/en/issues/pages/whatarehumanrights.aspx> accessed 30 August 2021.
15
United Nations human Rights Office of the High Commissioner, ‘What are human rights?’.
16
Internet Society, 2020 Impact Report, page 3.
17
Internet Society, 2020 Impact Report, page 3.

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Consequently, the Internet Society 2021 Action Plan, which seeks to empower people to create
a bigger and stronger internet, takes note of the unfortunate situation of those suffering due to
the inability to access the internet, and points out that:
Everyone should have access to this transformative resource. Yet nearly half the world’s
population is unconnected, missing out on possibility and opportunity. The pandemic
illustrates the urgency of our vision that the Internet is for everyone.18
The above statement is in line with the efforts of researchers and the key founders whose desire
was that the internet be a tool for spreading information, collaboration and interaction at all
levels and be able to be used no matter the geographic location. This bold move by the Internet
Society finds synergy with the issue areas of the 2021 IGF. The main focus areas are: economic
and social inclusion and human rights; and universal access and meaningful connectivity. The
emerging and cross-cutting issue areas are: emerging regulation: market structure, content, data
and consumer/users rights regulation; environmental sustainability and climate change;
inclusive Internet governance ecosystems and digital cooperation; and trust, security, stability.
Under the main focus areas of economic and social inclusion and human rights, the IGF notes
that:
Human rights need to be at the centre of inclusive digital societies and economies, and
technologies and policies alike need to be designed, used and implemented in a human
rights-centred manner. The protection of both civil and political rights, and economic,
social and cultural rights in the digital space should remain a priority for all
actors…This holistic awareness and integration of human rights can only be achieved
through collaboration, learning and capacity development, and open and constructive
dialogue among all stakeholder groups.19
This illustrates the need to ensure that internet connectivity reaches every part of the world.
The human rights framework is a good way to implement this since it seeks to ensure that every
person is given what is due to them. As noted above by the Internet Society 2021 Action Plan,
nearly half of the world’s population is not connected to the internet. This implies that as the
pandemic has been ongoing, nearly half of the world’s has encountered challenges in accessing
basic services such as food and medical services, and lacked the opportunity to exercise their
rights fully and advocate for change. While those with internet connection have managed to
move forward, all the stakeholders have to come together and find ways to ensure the internet
18
Internet Society, 2021 Action Plan: Empowering People to Create a Bigger and Stronger Internet, page 4.
19
IGF, Economic and social inclusion and human rights <https://www.intgovforum.org/multilingual/content/economic-and-
social-inclusion-and-human-rights> accessed 30 August 2021.

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access reaches everyone; the world cannot become better and peaceful if one half of the
population is thriving while the other half is suffering.
4.0 Strong Encryption and Protection of Human Rights: The Virtuous Cycle
As noted above, strong encryption is instrumental to the proper functioning of the internet.
Encrypted internet communication plays a vital role in the realisation of human rights. When
the communications of human rights activists, journalists, and the academic community are
secured by strong encryption, the fight for economic and social inclusion and human rights,
universal access and meaningful connectivity to the internet, consumer rights, environmental
sustainability and climate change, and good governance is enhanced. As strong encryption is
used to protect the communications of those advocating for human rights, the state of the
internet is improved since the human rights advocates will advocate for rights including the
right to privacy and freedom of expression. This illustrates that these two aspects reinforce
each other; strong encryption protects the fight for human rights and in return, the better
protection of human rights advances encryption even further. This is also evidenced by the fact
that weaker encryption systems would lead to lesser protection for the fight for human rights,
which would in turn imply that encryption would increasingly become weak as more and more
human rights are violated.
The above is true since, as noted in the previous sections, human rights are indivisible
and interdependent. Strong encryption systems would enhance the fight for all human rights
and not only those enjoyed in the digital space. When the communication between human rights
activists and international organisations are securely encrypted, other aspects of human rights
are also protected such as the right to life of those who obtain relief food and medical services
owing to help by international organisations following communication by local human rights
activists. In such an instance, encryption would have enhanced not only the fight for the right
to privacy but also the right to food and medical services. In return, encryption would benefit
since the civil society would advocate for the protection of human rights, including those
enjoyed in the digital space.
It is also worth pointing out that stronger encryption would protect communications that
may have a negative impact on security as noted above. However, as the Internet Society has
noted, trust in the internet services stems from a sense of both privacy and security – people
and institutions can only rely on internet services if they know that, for example, messages are
secure in that they can only be read by the intended recipients.20
The credibility of the internet
20
Internet Society, Policy Brief – Encryption, page 3.

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is greatly eroded if people and institutions know or believe that their communications are
monitored, and others have access to the messages before they reach the recipients. They would
shy away from making full use of the internet and the internet would no longer become a place
of opportunity for all. It is therefore necessary to combat threats to encryption such as those by
NSO Group’s Pegasus spyware which is said to have been used to hack phones of journalists
and activists.21
5.0 Conclusion
The discussion above has noted the role of strong encryption systems (extending encryption)
in the better protection of human rights, and the fact that the two aspects reinforce each other,
hence creating a virtuous cycle. Additionally, the two also prominently feature in the Internet
Society 2020 Impact Report, the 2021 Action Plan, and the 2021 IGF Issue Areas. The
multistakeholder meetings and discussions at the 2021 IGF will further examine the
relationship between the two and explore additional ways to ensure the two aspects reinforce
each other in making sure that internet is united and is for everyone. This will make a key
contribution to the 2021 IGF main focus areas of economic and social inclusion and human
rights, and universal access and meaningful connectivity. The multistakeholder discussions
scheduled to take place in December will delve into these issues and find the way forward
achieving the theme of Internet United. The spirit of this year’s theme has already been realised
by the fact that the IGF issue areas are a result of a call for thematic inputs, which saw
contributions from government, international organization, civil society, technical community,
and the private sector from all regions in the world.
Personally, I have been engaged through the ISOC Fundamental program and the Kenyan
chapter on advocating for extending encryption. We organised for a webinar to sensitise on
why encryption, and to instil a sense of ownership among the youth to stand out, inform others
and champion for encryption. The webinar was on 25th
June, 2021, and brought over 40
together participants to engage in discussions on the importance of encryption.22
The webinar
also engaged with the Office of the Data Protection Commissioner in Kenya, and learnt more
about its role in digital privacy and the role that the youth can play, for example, in the process
of lodging complaints on violation of privacy of data. These engagements at the lower level
and through bottom-up approach offer important input to the discussions at the 2021 IGF.
21
Dana Priest, Craig Timberg and Souad Mekhennet, ‘Private Israeli spyware used to hack cellphones of journalists, activists
worldwide’ The Washington Post, 18 July 2021 <https://www.washingtonpost.com/investigations/interactive/2021/nso-
spyware-pegasus-cellphones/> accessed 30 August 2021.
22
ISOC Live Noticeboard, WEBCAST: ISOC Kenya – ISOC Fundamentals Program 1 – Encryption / Securing Web Servers
25 June 2021 <https://isoc.live/14227/> accessed 30 August 2021.