Título: | CRYPTOGRAPHY AND BACKDOORS: A QUESTION OF ACCESS TO THE INTELLIGIBLE | ||||||||||||
Autor: |
DANIEL VIEGAS |
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Colaborador(es): |
THAMIS ÁVILA DALSENTER VIVEIROS DE CASTRO - Orientador |
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Catalogação: | 14/MAR/2024 | Língua(s): | PORTUGUESE - BRAZIL |
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Tipo: | TEXT | Subtipo: | THESIS | ||||||||||
Notas: |
[pt] Todos os dados constantes dos documentos são de inteira responsabilidade de seus autores. Os dados utilizados nas descrições dos documentos estão em conformidade com os sistemas da administração da PUC-Rio. [en] All data contained in the documents are the sole responsibility of the authors. The data used in the descriptions of the documents are in conformity with the systems of the administration of PUC-Rio. |
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Referência(s): |
[pt] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=66211&idi=1 [en] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=66211&idi=2 |
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DOI: | https://doi.org/10.17771/PUCRio.acad.66211 | ||||||||||||
Resumo: | |||||||||||||
This dissertation has as its object the study of the relationship between
encryption and backdoors and their reflexes on different legal institutes: privacy,
security, information circulation, data protection, among other points. Considered
the scarce jurisprudence on the themes, this study is mostly concentrated in
doctrinal research and, also considering the reasonable novelty of discussion in
national doctrine, there will be no few foreign sources. Initially, we seek to
investigate how the debates about encryption are with discussions about backdoors,
starting from some basic definitions about the institutes and, especially the family
of ideas that orbits encryption, such as the selectivity of the intelligible and
philosophy for behind the decryptness keys. Subsequently, we point to conflict
values in the debate, the history of cryptographic wars and the reflexes of encryption
in constitutional jurisdiction through ADPF 403 and ADI 5.527. Subsequently, we
investigate other circumstances that may be coupled to the debate, but apparently
are not properly emphasized. First, analyzing the backdoors sources in the
infrastructures connected to present actors and knowledge that can explore these
sources more easily and thus access information to the default of encryption through
surreptitious methods, especially if considered the prism of transnationality and the
opacity of informal collaboration agreements between private intermediaries and
other governments. In this sense, we seek to signal to other possible functions of
encryption, introducing a tension between different jurisdictions and asymmetries
of access to data that are subordinate to interconnected infrastructures. At a last
stage, we seek to present some protections against backdoors through the legal
institutes available now in the national order, when we draw the framing of
encryption as a technical security measure of data protection and secure
communications on the Internet, attracting the provisions of the General Law of
Data Protection and the Civil Marco of the Internet. Moreover, in the eagerness to
confront the opacity and distrust that can turn into any intermediaries collaborating
from other governments, we signal to LGPD transparency tools, but we point out
to the possible difficulties in this path.
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