Diga-me o que acessas e direi quem tu és? O direito ao anonimato no ciberespaço

Abstract

This research is dedicated to online anonymity. Its main objective is to diagnose the interdisciplinary elements that allow anonymity to be established in the so-called information society. Methodologically, this research seeks to realize analytical and qualitative generalizations, through direct and indirect content, with the support of the Tor Project’s embedded case study technique. This generalization is achieved by means of the theoretical framework of the four modalities of influence on human behavior – law, social norms, market and architecture, according to Lawrence Lessig –, which help to shape the units of analysis of the research object. The research problem assesses how and why the use of online anonymity tools can and shall be ensured to society in general. As a result, from the investigation of anonymity through the case study of the Tor Project and the units of analysis applied to this research, it is possible to affirm that access to online anonymity tools shall operate at a universal level, capable of protecting individual and collective freedom, especially those to inform and be informed, as well as receiving differentiated status by law when offered through open and transparent technologies. Therefore, considered the Civil Constitutional Law perspective, it is concluded that anonymity is fundamental to guarantee the protection to the personality in the connected life, especially in the face of disruptive and intrusive technologies that are based on the massive processing of personal data.