Courts at the Crossroads: Defending Digital Rights Against Encryption Crackdowns in South Asia

Amid escalating governmental efforts to curtail end-to-end encryption (E2EE) across South Asia, the judiciary has assumed a pivotal role in the defense and contestation of digital rights. As states increasingly target E2EE technologies under the guise of national security and crime prevention, the stakes for privacy, free speech, and cybersecurity have reached unprecedented heights. These governmental actions-which include the arbitrary blocking of E2EE-enabled applications, the imposition of backdoor entry requirements, and the tightening of restrictions on VPNs-pose significant threats to the core principles of an open and secure internet.
The judiciary’s function in this context is both critical and complex. Courts are not merely passive arbiters; they are active participants in shaping the trajectory of digital rights. Judicial interpretations of laws governing encryption, surveillance, and digital privacy can either strengthen the protection of individual freedoms or facilitate further State encroachments. This panel will critically examine how courts across South Asia are responding to these governmental crackdowns - whether by upholding these restrictions, challenging their legality, or potentially enabling their expansion.
Discussion Points:
Arbitrary Blocking of E2EE-Supporting Apps: We will examine the legal justifications and consequences of government actions aimed at blocking apps that provide E2EE, assessing their impact on user privacy and freedom of expression.
Backdoor Entry Provisions: The panel will discuss the implications of government-mandated backdoors, which allow authorities to bypass encryption, focusing on the potential risks to cybersecurity and individual privacy.
Intensifying Restrictions on VPNs: We will explore the growing trend of restrictions on Virtual Private Networks (VPNs) in South Asia, evaluating how these measures compromise privacy,access to information and digital security..
The Domino Effect: The panel will analyse how restrictive measures in one country can influence others in the region, potentially leading to a domino effect that further undermines digital freedoms.
Hosted by: Internet Freedom Foundation. Original video location events.zoom.us...