8. Under A Framework Of Human Rights Due Diligence, Corporations

1422 WordsMay 11, 20176 Pages
8. Under a framework of human rights due diligence, corporations must first consider all facts related to encryption and human rights. This analysis begins by noting that encryption is most frequently associated with the human rights of privacy and freedom of expression. For instance, David Kaye, “the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression,” states: 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. Think about it from the viewpoint of a…show more content…
However, as in the case with Apple, the ramifications of a backdoor are much more severe. This is because building a backdoor is the same as building a weakened cybersecurity system. Bruce Schneier, a renowned cybersecurity official, corroborates this analysis when he states that a backdoor “amounts to creating a system with a built-in flaw.” With such weakness, it is not safe to assume that the backdoor will only be used by the U.S. government or even that it will be used for legitimate purposes. On the contrary, it is safe to assume that it will not be “long before the same security vulnerability becomes known to hostile foreign governments, sophisticated hackers, and cybercriminals.” With such possibility, the threat to an individual’s human rights becomes to great to not avoid. Considering that the effects of a backdoor are not localized—it does not only apply to one individual—any chilling effect silences an entire subset of users who use the encrypted device. As such, corporations are obligated to protect their consumers from such human right threats because of due diligence. 10. So far throughout the paper, we have considered the chilling effect in light of technology and encryption. It is important to elaborate on why the chilling effect is different when accessing an individual’s encrypted cellphone or laptop, through a backdoor or “key,” than when
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