Freedom House local storage of any “secretive, sensitive, and confidential” data pertaining to individuals and companies. A new data protection bill proposed in October 2020 in Bangladesh would also require domestic data storage. In some cases, such data localization requirements have been introduced in the context of content regulation. Pakistan’s proposed Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules, the latest version of which was published in November 2020, outlines requirements for social media companies to establish one or more data servers in the country. Similarly, Turkey’s social media law requires platforms to store data locally and establish domestic legal representatives or face five stages of escalating penalties, including fines, an advertising ban, and bandwidth limitations of up to 90 percent. Data protection policies may also be used to place stringent limitations on cross-border data transfers and impose onerous licensing requirements on companies. Under a data protection law ratified in Egypt in July 2020, domestic and foreign entities must obtain a state license and appoint a local data protection officer to conduct cross-border data transfers. Unlike the independent commissions formed in many democracies, Egypt’s data protection agency will be supervised by a board comprising representatives of government ministries, including security and intelligence officials. The law’s exorbitant licensing fees are prohibitive for many small and medium-sized enterprises. Continuing pressure on encryption In addition to requiring data localization, many new regulations threaten to undermine encryption, which is essential for data privacy and cybersecurity and a critical tool for journalists and human rights defenders around the world. India’s revised Information Technology Rules require large social media platforms to identify and disclose the “first originator” of a message if requested by the government or judiciary in cases related to state sovereignty, security, public order, and sexually explicit content. Companies would effectively have to dismantle end-to-end encryption in order to unmask a message’s originator, undermining the privacy and security protections on which users, companies, and governments have come to rely. In May 2021, WhatsApp sued the government to halt the rules’ implementation, arguing that the traceability requirements violated constitutionally guaranteed privacy protections. @freedomhouse The proposed Brazilian Internet Freedom, Responsibility, and Transparency Act includes similar yet more narrow traceability requirements. Private messaging services would be required to store for three months the traceability data of messages that go viral, defined as those forwarded by more than five users and that reach at least 1,000 accounts. While this provision is significantly scaled back from one in an earlier draft, companies would still in practice have to erode encryption to trace and identify messages that reach the low virality threshold. Democratic leaders disparaging endto-end encryption serves the interests of more authoritarian governments that seek to undermine the technology for their own political ends. Pakistan’s proposed rules have raised alarms about their impact on end-to-end encryption. The draft requires social media companies and service providers with more than 500,000 users to hand over personal data in a decrypted and readable format when requested by the Federal Investigation Agency. Similarly, amendments to the Nigerian Broadcasting Code proposed in August 2020 require broadcasters to comply with decryption orders during moments of emergency. Over the past year, democratic leaders again disparaged endto-end encryption, serving the interests of more authoritarian governments that seek to undermine the technology for their own political ends. For example, in October 2020 leaders from Japan, India, and the Five Eyes—an intelligence alliance composed of the United States, the United Kingdom, Canada, Australia, and New Zealand—decried encryption as an impediment to national security, criminal, and child sexual abuse investigations. But any weakening of encryption protocols or requirements for “backdoor” access would effectively undermine the security of civil society groups, businesses, and ordinary users, potentially endangering lives. Contrasting dynamics in China In China, growing public anger at a series of data scandals has put authorities under greater pressure to limit companies’ exploitation of user information. This year’s Personal freedomhouse.org 17

Select target paragraph3