IGF 2025 Lightning Talk #147 Policy Brief: Is Encryption Under Threat in Brazil?

    Law and Technology Research Institute of Recife - IP.rec
    Moderator - Name: Thobias Prado Moura - ISOC Brasil/NIC.br, technical community, Latin America Speaker - Name: Mariana Canto - IP.rec, civil society, Europe Speaker - Name: Raquel Saraiva - IP.rec, civil society, Latin America Rapporteur - Name: Pedro Perdigão Lana - ISOC Brasil/NIC.br, technical community, Latin America
    Speakers
    Speaker - Name: Mariana Canto - IP.rec, civil society, Europe Speaker - Name: Raquel Saraiva - IP.rec, civil society, Latin America
    Onsite Moderator
    Thobias Prado Moura
    Rapporteur
    Pedro Perdigão Lana
    SDGs
    3. Good Health and Well-Being
    4. Quality Education
    5. Gender Equality
    8. Decent Work and Economic Growth
    9. Industry, Innovation and Infrastructure
    11. Sustainable Cities and Communities
    16. Peace, Justice and Strong Institutions


    Targets: Strong encryption plays a crucial role in protecting privacy, security, confidentiality and human rights, along with national and corporate security. It renders communications and data unreadable and worthless for unauthorized access, which is why end-to-end encryption (E2EE) is widely used because intermediated services require us to trust third parties. Encryption is almost everywhere, working invisibly to protect people. Thus, encryption is relevant to advance many SDGs: it protects health and education information (SDG 3: Good Health and Well-being and SDG 4: Quality Education); it ensure privacy and security for everyone, including women around the world (SDG 5: Gender Equality); as essential to digital security, it helps foster economic growth, resilient infrastructure, and innovation and safe smart cities (SDG 8: Decent Work and Economic Growth, SDG 9: Industry, Innovation and Infrastructure and SDG 11: Sustainable Cities and Communities), as well as make the digital more secure for everyone (SDG 16: Peace, Justice and Strong Institutions).
    Format
    This session represents a collaborative project between IP.Rec and the Internet Society - Brazil Chapter. This collaboration itself exemplifies the spirit of multistakeholderism that the IGF promotes. The core of our session is the launch of a Policy Brief, but this document is not intended solely for a Brazilian audience. Our goal is to provide a resource, grounded in rigorous risk assessment, that can serve as a foundation for defending strong encryption globally. The methodology and arguments presented in the brief are applicable to other jurisdictions facing similar challenges to digital rights. We believe this is particularly timely and important because encryption is increasingly under threat worldwide. Authoritarian governments, and even some democracies, are seeking ways to weaken or circumvent encryption under the guise of national security or law enforcement. These efforts often fail to adequately consider the fundamental importance of encryption for protecting human rights, privacy, free expression, and economic activity. Our session aims to highlight these risks, showcase the Brazilian case as a crucial example, and equip participants with the knowledge and arguments to advocate for strong encryption in their own contexts. By fostering a global dialogue and sharing best practices, we hope to contribute to a more secure and rights-respecting digital future for all. The interactive format is designed to facilitate that very dialogue, bringing together diverse perspectives to address this critical challenge.
    Duration (minutes)
    30
    Description
    This activity marks the launch of a Policy Brief developed by IP.rec in collaboration with the Internet Society - Brazil Chapter. The Policy Brief analyzes the current state of encryption in Brazil, employing a risk assessment methodology focused on the Ação Direta de Inconstitucionalidade (ADI) 5527 case ruled by the Brazilian Supreme Court. The researchers examined the existing votes of the Justices and assessed how these votes might threaten encryption, as well as the principles that underpin an open, secure, trustworthy, and neutral Internet. The research was conducted during 2025, and ADI 5527 is currently pending a final decision by the Brazilian Supreme Court.

    We will employ a multi-faceted approach that bridges the gap between onsite and online participants. We will actively facilitate interaction by having the onsite moderator directly address questions and comments from both the physical audience and the online chat/Q&A platform. We will project the online platform's feed onto a screen in the venue, making remote contributions visible to everyone present. Furthermore, both onsite and online speakers (will be encouraged to engage directly with each other's points, fostering a unified discussion rather than separate conversations. The session will be structured with short, focused presentations followed by ample time for Q&A and discussion, avoiding lengthy monologues that can disengage either audience. The results of these interactive elements will be displayed in real-time, fueling further discussion and making the session more dynamic and engaging for everyone involved.