Encryption enables democratic activists to protect their privacy and freedom of expression in highly charged political environments, write Scott Timcke and Nawal Omar.
Democracy activists across Africa are often working in highly charged political environments. When movements for democracy pose a perceived threat, some governments have attempted Internet shutdowns or sought to curtail freedom of expression. In severe cases, members of opposition parties or civil society groups have been jailed, or worse.
Encryption has become a powerful tool for protecting fundamental freedoms. As a result, some governments have identified it as a national security threat and sought to restrict or undermine its use by citizens.
Encryption secures communications and data, by scrambling information using mathematical algorithms. Only people authorised with the correct code to put the information back in the right order can understand it. In today’s digital forward world, democracies are only as robust as the encryption defending them.
State surveillance on democracy
The 2021 Ugandan election provides an excellent illustration of both the importance and difficulties of encryption in an African democracy. The government instituted an Internet shutdown the day before the election. This prevented coordination by opposition and civil society groups and hindered the timely sharing of information about election developments.
Uganda’s regulatory framework presents additional challenges. Section 10(1) of the Regulation of Interception of Communications Act, 2010, gives state security forces the authority to enforce the disclosure of encrypted information. This forced decryption can occur when authorities believe it is necessary for national security or to prevent criminal offences. While such criteria may be in the public interest, there is also scope for this law to be misused for the benefit of those in power.
Digital surveillance and crackdowns extend beyond Africa’s election periods. In Sudan and Zimbabwe, there have been internet restrictions during protests. African governments employ digital tools like Pegasus spyware, network monitoring, and interception to track dissidents, journalists, and critics. The emergence of this global market for surveillance tools has significantly complicated citizen-state relations, with firms offering a wide range of products from the relatively benign to the deeply insidious which states can use to track their citizens.
A stark example, which underscores the critical need for encryption, comes from Rwanda. In 2021, Amnesty International uncovered how Rwandan authorities used Pegasus spyware to infiltrate the devices of approximately 3,500 people, both inside the country and abroad. This incident illustrates the sophisticated tools now available to governments for surveillance and control, highlighting the necessity for robust encryption to protect against the use of such tactics and protect basic freedoms.
Digital evidence of digital state surveillance activities is extremely easy to destroy. This feature of digital life makes legal case-making much harder. This is one reason why other kinds of interventions are needed and why it is important to continue to strengthen encryption on the continent as a safeguard against such activities.
Encryption support for democracy
Encryption can play an important role in several aspects of the democratic process in Africa. Encrypted messaging apps allow activists to organise and share information without fear of government interception. In Uganda, some groups turned to encrypted messaging apps such as WhatsApp, Signal, and Telegram to communicate, organise, and document the electoral process during the 2021 election. Additionally, virtual private networks (VPNs), which use encryption, are popular in countries like Uganda where people use them to bypass taxes on Internet data and access blocked content.
Elsewhere encryption techniques can enhance the security and reliability of voting systems. Cryptographic tools such as hash algorithms, digital signatures, and message authentication codes play a crucial role in ensuring the integrity of election data by swiftly detecting any unauthorised changes. Testing can ensure confidence and trust that these systems preserve information integrity, even if they are compromised. Some voting machine manufacturers are advocating for the prohibition of unauthorised tests. This not only undermines the independence of security researchers but also hinders the free distribution of results. It is crucial to resist such efforts and uphold the importance of unbiased testing to ensure the integrity of election systems. This, in turn, contributes to a more transparent and accountable electoral process.
It is imperative that African democrats make a concerted effort to encourage public-interest cybersecurity research. This can occur concurrently to efforts advocating for legal and policy reforms that protect and promote human rights and democratic systems.
Advancing the public interest
While encryption is powerful, it faces several challenges in Africa. These included legal frameworks that undermine its use and the ease with which digital evidence of state surveillance can be destroyed.
To address these challenges, African democrats must encourage public-interest cybersecurity research and advocate for legal and policy reforms that protect and promote human rights and democratic systems. This research should extend beyond elections to critical infrastructure, municipal services, and general data privacy systems.
Encryption is not just a technical tool but a vital safeguard for democracy. It can help citizens to protect their privacy, freedom of expression, and public participation from state interference. With the many developments on the continent, democracy in Africa will only be as robust as the encryption defending people. By continuing to advocate for and implement strong encryption practices, we can help ensure the project of promoting democracy across the continent.
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