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Brazilian court orders suspension of X

theguardian.com

211–220 of 388 posts

Re: Brazilian court orders suspension of X

#211

The same judge that is responsible for X's suspension ordered Apple and Google to take down VPN apps from their app stores as well. https://web.archive.org/web/20240830201851/https://www.conju... (Page 49 and 50, document is in Portuguese) Brazil is heading down a very dark path.

That's not what is written in the document. VPN apps are compelled to block access to X in Brazil.

Re: Brazilian court orders suspension of X

#212

I might not agree with Elon Musk on things he says and does these days, but he's very much in the right here, at least if you value freedom of speech, privacy, and democracy. The judge tried to silence the political opposition on Twitter via shadowbans and removal, Elon didn't comply, so they decided to go after Twitter employees in Brazil, to which Elon shut everything down to prevent the employees from being jailed…

> I'm oversimplifying it, but the matter of a fact is that this judge and the political party in power are acting like fascists, they've even tried getting several popular VPN applications banned by asking Google and Apple to remove them.

The political party in power is socialist and defines itself as socialist. The president openly defines himself as a "socialist". [1]

So, they aren't acting as fascists, they are acting as socialists. Which, granted, is mostly the same in many aspects.

[1] https://jacobin.com.br/2023/10/lula-e-a-construcao-do-social...

Re: Brazilian court orders suspension of X

#213
post #193

Earlier quoted context omitted.

For starters the US never threatened VPN users with a $9k daily fine

That’s what’s coming next.

I've heard that for 15 years straight, they went for adult content RealID before going for VPNs - which, if your beliefs end up being true - was a ridiculous order of priority. Thus, I don't think they'll go for VPNs.

Re: Brazilian court orders suspension of X

#214
post #117

Earlier quoted context omitted.

Moraes' order claimed they were part of an "economic group" due to Musk's ownership. That's pretty much it. Since then, Starlink has just said that everyone can have free service for now since they can't get paid anyway. They're in use in a lot of remote areas, like Amazonia, and the Brazilian military came out with a statement the other day saying that they rely on Starlink and if Moraes wants to shut that down, it…

> Moraes' order claimed they were part of an "economic group" due to Musk's ownership. The problem is that this is not true, the two companies are not part of the same economic group. They are two completely different organizations and even if they were, this type of decision is only made when there is fraud of the type: you owe the government and it is known that you are the owner of a company despite there being no…

Yeah, I won't defend this decision, it's an unaccountable decision made by a single man who has decided that he personally has the right to decide what people can and cannot say.

I've heard some defend it as "well, that's just how the law is in Brazil" but the same defense could be given for any dictatorship and it's rather telling that even those who advance this as a defense do not even attempt to give an account for why a single person playing judge, jury & executioner is a good way for this to be done.

Re: Brazilian court orders suspension of X

#216

The same judge that is responsible for X's suspension ordered Apple and Google to take down VPN apps from their app stores as well. https://web.archive.org/web/20240830201851/https://www.conju... (Page 49 and 50, document is in Portuguese) Brazil is heading down a very dark path.

Thank you for the link.

I uploaded the ruling to the Internet Archive along with a copy of the document I pushed through Google Translate (which may not be perfect).

https://archive.org/details/Brazil-Court-Suspends-X

> IN VIEW OF ALL THE ABOVE, given the necessary legal requirements, fumus boni iuris – consisting of the repeated, conscious and voluntary failure to comply with court orders and failure to pay the daily fines applied, in addition to the attempt to not submit to the Brazilian legal system and Judiciary, to establish an environment of total impunity and “lawless land” on social networks as well as

> Brazilians, including during the 2024 municipal elections, the periculum in mora – consisting of the maintenance and expansion of the instrumentalization of X BRAZIL, through the action of extremist groups and digital militias on social networks, with massive dissemination of Nazi, racist, fascist, hate speeches, anti-democratic speeches, including in the period leading up to the 2024 municipal elections,

> I DETERMINE:

> (1) IMMEDIATE, COMPLETE AND INTEGRAL SUSPENSION OF THE OPERATION OF “X BRASIL INTERNET LTDA” in the national territory, until all court orders issued in these proceedings are complied with, fines are duly paid and a legal or natural person representing the company in the national territory is appointed in court. In the case of a legal entity, its administrative representative must also be appointed. The President of the National Telecommunications Agency (ANATEL), CARLOS MANUEL BAIGORRI must be notified, including by electronic means, to IMMEDIATELY take all necessary measures to implement the measure, with this COURT being notified within a maximum of 24 (twentyfour) hours.

> (2) THE SUMMONS, to be complied with within 5 (five) days, and must immediately notify the court of the companies (2.1) APPLE and GOOGLE in Brazil to insert technological obstacles capable of making it impossible for users of the IOS (APPLE) and ANDROID (GOOGLE) systems to use the “X” application and remove the “X” application from the APPLE STORE and GOOGLE PLAY STORE stores and, similarly, in relation to applications that enable the use of VPN ('virtual private network'), such as, for example: Proton VPN, Express VPN, NordVPN, Surfshark, TOTALVPN, Atlas VPN, Bitdefender VPN; (2.2) Which manage backbone access services in Brazil, so that they insert technological obstacles in them capable of making it impossible for users of the “X” application to use;

> (2.3) Internet service providers, represented by their Presidents, for example ALGAR TELECOM, OI, SKY, LIVE TIM, VIVO, CLARO, NET VIRTUA, GVT, etc..., so that they insert technological obstacles capable of making the use of the application “X” unfeasible; and (2.4) That manage personal mobile service and switched fixed telephone service, so that they insert technological obstacles capable of making the use of the application “X” unfeasible

> (3) THE APPLICATION OF A DAILY FINE of R$50,000.00 (fifty thousand reais) to individuals and legal entities that engage in conduct involving the use of technological subterfuges to continue communications carried out by “X”, such as the use of VPN ('virtual private network'), without prejudice to other civil and criminal sanctions, in accordance with the law.

Re: Brazilian court orders suspension of X

#217
post #40

"People who use VPN to access X will be subject to daily fines of US$8,900" Edit: Thanks for this user https://news.ycombinator.com/item?id=41404325 for posting the court order and bringing this new information: Apple and Google must remove all VPN apps from their stores! Apple and Google must DELETE all VPN apps already installed on users' phones!!! https://apnews.com/article/brazil-musk-x-suspended-de-moraes...

Is it normal that a judge can impose such blanket fines on users?

This guy is the head of the STF, the highest court in Brazil, so he's kinda doing an "I am the law" bit here.

That said, I do think that judges in Brazil can have a larger investigative role due to the different legal system that does not happen in other countries with more separation of powers to prevent exactly this sort of thing.

Re: Brazilian court orders suspension of X

#220

This has been a bad week for Democracy/freedom of speech

I find the conflation of democracy and freedom of speech strange. They are entirely different things.

How can you even have democracy without freedom of speech?

How can you freely choose who to vote without free exchange of information?

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