x in brazil – Artifex.News https://artifex.news Stay Connected. Stay Informed. Tue, 03 Sep 2024 07:48:12 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.1 https://artifex.news/wp-content/uploads/2023/08/cropped-Artifex-Round-32x32.png x in brazil – Artifex.News https://artifex.news 32 32 Brazil X ban: Supreme Court panel unanimously upholds judge’s decision to block X nationwide https://artifex.news/article68600068-ece/ Tue, 03 Sep 2024 07:48:12 +0000 https://artifex.news/article68600068-ece/ Read More “Brazil X ban: Supreme Court panel unanimously upholds judge’s decision to block X nationwide” »

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A Brazilian Supreme Court panel on Monday unanimously upheld the decision of one of its justices to block billionaire Elon Musk’s social media platform X nationwide, according to the court’s website.

The broader support among justices undermines the effort by Musk and his supporters to cast Justice Alexandre de Moraes as an authoritarian renegade who is intent on censoring political speech in Brazil.

The panel that voted in a virtual session was comprised of five of the full bench’s 11 justices, including de Moraes, who last Friday ordered the platform blocked for refusing to name a local legal representative, as required by law. It will stay suspended until it complies with his orders and pays outstanding fines that as of last week exceeded $3 million, according to his decision.

The platform has clashed with de Moraes over its reluctance to block users, and has alleged that de Moraes wants an in-country legal representative so that Brazilian authorities can exert leverage over the company by having someone to arrest.

De Moraes also set a daily fine of 50,000 reais ($8,900) for people or companies using virtual private networks, or VPNs, to access X. Some legal experts questioned the grounds for that decision and how it would be enforced, including Brazil’s bar association, which said it would request the Supreme Court review that provision.

But the majority of the panel upheld the VPN fine — with one justice opposing unless users are shown to be using X to commit crimes.

Brazil is one of the biggest markets for X, with tens of millions of users. Its block marked a dramatic escalation in a monthslong feud between Musk and de Moraes over free speech, far-right accounts and misinformation.

Over the weekend, many X users in Brazil said they felt disconnected from the world and began migrating en masse to alternative platforms, like Bluesky and Threads.

The suspension has also proceeded to set up a showdown between de Moraes and Musk’s satellite internet provider Starlink, which is refusing to enforce the justice’s decision.

“He violated the constitution of Brazil repeatedly and egregiously, after swearing an oath to protect it,” Musk wrote in the hours before the vote, adding a flurry of insults and accusations in the wake of the panel’s vote. On Sunday, Musk announced the creation of an X account to publish the justice’s sealed decisions that he said would show they violated Brazilian law.

But legal experts have said such claims don’t hold water, noting in particular that de Moraes’ peers have repeatedly endorsed his rulings — as they did on Monday. Although his actions are viewed by experts as legal, they have sparked some debate over whether one man has been afforded too much power, or if his rulings should have more transparency.

De Moraes’ decision to quickly refer his order for panel approval served to obtain “collective, more institutional support that attempts to depersonalise the decision,” Conrado Hübner, a constitutional law expert at the University of Sao Paulo, told The Associated Press.

It is standard for a justice to refer such cases to a five-justice panel, Hübner said. In exceptional cases, the justice also could refer the case to the full bench for review. Had de Moraes done the latter, two justices who have questioned his decisions in the past — and were appointed by former right-wing President Jair Bolsonaro — would have had the opportunity to object or hinder the vote’s advance.

X’s block already led de Moraes last week to freeze the Brazilian financial assets of Starlink as a means to force it to cover X’s fines, reasoning that the two companies are part of the same economic group. The company says it has more than 250,000 clients in Brazil.

Legal experts have questioned the legal basis of that move, and Starlink’s law firm Veirano has told the AP it has appealed the freeze. It declined to comment further.

In a show of defiance, Starlink informally told the telecommunications regulator Anatel that it will not block X access until its financial accounts are unfrozen, Anatel’s press office said in an email to the AP. Starlink didn’t respond to a request for comment.

“If I’m not mistaken, it was a WhatsApp message that the legal representative of Starlink sent to the president of Anatel, forwarding a message from the company in the United States,” said Arthur Coimbra, a board member of Anatel, on a video call from his office in Brasilia.

That communication doesn’t hold legal value as conclusive evidence of non-compliance but prompted the telecommunications regulator to conduct inspections on Monday.

Coimbra said Anatel would finish an inspection report by the end of the day and then send it to the Supreme Court. He added that the maximum sanction for a telecom company would be revocation of its license. If Starlink loses its license and continues providing service, it would be committing a crime. Anatel could seize equipment from Starlink’s ground stations in Brazil that ensure the quality of its internet service, he said.

The ground stations receive and transmit data between satellites and the Earth. When a user accesses the internet via satellite, the data request is sent to the satellite, which then forwards it to the ground station connected to the global internet network.

That means a shutdown of Starlink is likely, although enforcement will be difficult given the company’s satellites aren’t inside national territory, said Luca Belli, coordinator of the Technology and Society Center at the Getulio Vargas Foundation. It is popular in Brazil’s expansive rural and forested areas.

Anatel’s President Carlos Baigorri told local media GloboNews late Sunday afternoon that he has relayed Starlink’s decision to Justice de Moraes.

“It is highly probable there is a political escalation,” because Starlink is “explicitly refusing to comply with orders, national laws,” said Belli, who is also a professor at the Getulio Vargas Foundation’s law school.

The arguments from Musk, a self-proclaimed “free-speech absolutist,” have found fertile ground with Brazil’s political right, who view de Moraes’ actions as political persecution against Bolsonaro’s supporters.

On Brazilian orders, X previously has shut down accounts including of lawmakers affiliated with Bolsonaro’s right-wing party and far-right activists accused of undermining Brazilian democracy. X’s lawyers in April sent a document to the Supreme Court, saying that since 2019 it had suspended or blocked 226 users.

Bolsonaro and his allies have cheered on Musk for defying de Moraes. Supporters rallied in April along Rio de Janeiro’s Copacabana beach with a giant sign reading “Brazil Thanks Elon Musk.”

Earlier that month, de Moraes ordered an investigation into Musk over the dissemination of defamatory fake news and another probe over possible obstruction, incitement and criminal organization.

Bolsonaro is also the target of a de Moraes probe over whether the former president had a role in inciting an attempted coup to overturn the results of the 2022 election that he lost.



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How Elon Musk’s X could be suspended by one Brazilian judge in the coming hours https://artifex.news/article68584242-ece/ Fri, 30 Aug 2024 03:19:34 +0000 https://artifex.news/article68584242-ece/ Read More “How Elon Musk’s X could be suspended by one Brazilian judge in the coming hours” »

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It’s a showdown between the world’s richest man and a Brazilian Supreme Court justice.

The justice, Alexandre de Moraes, has threatened to suspend social media giant X nationwide in the coming hours if its billionaire owner Elon Musk doesn’t swiftly comply with one of his orders. Musk has responded with insults, including calling de Moraes a “tyrant” and “a dictator.”

It is the latest chapter in the monthslong feud between the two men over free speech, far-right accounts and misinformation. The deadline for compliance is fast approaching, and many in Brazil are waiting and watching to see if either man will blink.

Earlier this month, X removed its legal representative from Brazil on the grounds that de Moraes had threatened her with arrest. On Wednesday night at 8:07 p.m. local time (7:07 p.m. Eastern Standard Time), de Moraes gave the platform 24 hours to appoint a new representative, or face a shutdown until his order is met.

De Moraes’ order is based on Brazilian law requiring foreign companies to have legal representation to operate in the country, according to the Supreme Court’s press office. This ensures someone can be notified of legal decisions and is qualified to take any requisite action.

X’s refusal to appoint a legal representative would be particularly problematic ahead of Brazil’s October municipal elections, with a churn of fake news expected, said Luca Belli, coordinator of the Technology and Society Center at the Getulio Vargas Foundation, a university in Rio de Janeiro. Takedown orders are common during campaigns, and not having someone to receive legal notices would make timely compliance impossible.

“Until last week, 10 days ago, there was an office here, so this problem didn’t exist. Now there’s nothing. Look at the example of Telegram: Telegram doesn’t have an office here, it has about 50 employees in the whole world. But it has a legal representative,” Belli, who is also a professor at the university’s law school, told The Associated Press.

Any Brazilian judge has the authority to enforce compliance with decisions. Such measures can range from lenient actions like fines to more severe penalties, such as suspension, said Carlos Affonso Souza, a lawyer and director of the Institute for Technology and Society, a Rio-based think tank.

Lone Brazilian judges shut down Meta’s WhatsApp, the nation’s most widely used messaging app, several times in 2015 and 2016 due to the company’s refusal to comply with police requests for user data. In 2022, de Moraes threatened the messaging app Telegram with a nationwide shutdown, arguing it had repeatedly ignored Brazilian authorities’ requests to block profiles and provide information. He ordered Telegram to appoint a local representative; the company ultimately complied and stayed online.

Affonso Souza added that an individual judge’s ruling to shut down a platform with so many users would likely be assessed at a later date by the Supreme Court’s full bench.

De Moraes would first notify the nation’s telecommunications regulator, Anatel, who would then instruct operators — including Musk’s own Starlink internet service provider — to suspend users’ access to X. That includes preventing the resolution of X’s website — the term for conversion of a domain name to an IP address — and blocking access to the IP address of X’s servers from inside Brazilian territory, according to Belli.

Given that operators are aware of the widely publicised standoff and their obligation to comply with an order from de Moraes, plus the fact doing so isn’t complicated, X could be offline in Brazil as early as 12 hours after receiving their instructions, Belli said.

Since X is widely accessed via mobile phones, de Moraes is also likely to notify major app stores to stop offering X in Brazil, said Affonso Souza. Another possible — but highly controversial — step would be prohibiting access with virtual private networks ( VPNs) and imposing fines on those who use them to access X, he added.

X and its former incarnation, Twitter, are banned in several countries — mostly authoritarian regimes such as Russia, China, Iran, Myanmar, North Korea, Venezuela and Turkmenistan.

China banned X when it was still called Twitter back in 2009, along with Facebook. In Russia, authorities expanded their crackdown on dissent and free media after Russian President Vladimir Putin sent troops into Ukraine in February 2022. They have blocked multiple independent Russian-language media outlets critical of the Kremlin, and cut access to Twitter, which later became X, as well as Meta’s Facebook and Instagram.

In 2009, Twitter became an essential communications tool in Iran after the country’s government cracked down on traditional media after a disputed presidential election. Tech-savvy Iranians took to Twitter to organise protests. The government subsequently banned the platform, along with Facebook.

Other countries, such as Pakistan, Turkey and Egypt, have also temporarily suspended X before, usually to quell dissent and unrest. Twitter was banned in Egypt after the Arab Spring uprisings, which some dubbed the “Twitter revolution,” but it has since been restored.

Brazil is a key market for X and other platforms. Some 40 million Brazilians, roughly one-fifth of the population, access X at least once per month, according to the market research group Emarketer. Musk, a self-described “free speech absolutist,” has claimed de Moraes’ actions amount to censorship and rallied support from Brazil’s political right. He has also said that he wants his platform to be a “global town square” where information flows freely. The loss of the Brazilian market — the world’s fourth-biggest democracy — would make achieving this goal more difficult.

Brazil is also a potentially huge growth market for Musk’s satellite company, Starlink, given its vast territory and spotty internet service in far-flung areas.

Late Thursday afternoon, Starlink said on X that de Moraes this week froze its finances, preventing it from doing any transactions in the country where it has more than 250,000 customers.

“This order is based on an unfounded determination that Starlink should be responsible for the fines levied—unconstitutionally—against X. It was issued in secret and without affording Starlink any of the due process of law guaranteed by the Constitution of Brazil. We intend to address the matter legally,” Starlink said in its statement.

Musk replied to people sharing the earlier reports of the freeze, adding his own insults directed at de Moraes.

“This guy @Alexandre is an outright criminal of the worst kind, masquerading as a judge,” he wrote.

De Moraes’ defenders have said his actions have been lawful, supported by most of the court’s full bench and have served to protect democracy at a time in which it is imperiled.

In April, de Moraes included Musk as a target in an ongoing investigation over the dissemination of fake news and opened a separate investigation into the executive for alleged obstruction.

X said Thursday in a statement that it expects its service to be shut down in Brazil.

“Unlike other social media and technology platforms, we will not comply in secret with illegal orders,” it said. “To our users in Brazil and around the world, X remains committed to protecting your freedom of speech.”

It also said de Moraes’ colleagues on the Supreme Court “are either unwilling or unable to stand up to him.”



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