Law Brazil judge opens inquiry into Musk after refusal to block accounts on X - Musk trying to make X able to resist governments

https://archive.ph/MeJ9g

https://www.reuters.com/technology/musk-challenges-brazils-order-block-certain-x-accounts-2024-04-07/

Posters comment: (This is a good thing. Musk doing this makes X more independent of government control and this is beneficial to the health of the internet. It is also interesting that he chose a country like Brazil rather than somewhere else to make his stand.)

Brazil judge opens inquiry into Musk after refusal to block accounts on X​

BRASILIA, April 7 (Reuters) - A standoff between Elon Musk and Brazil escalated on Sunday when a Supreme Court judge opened an inquiry into the billionaire after Musk said he would reactivate accounts on the social media platform X that the judge had ordered blocked.
Musk, the owner of X and a self-declared free speech absolutist, has challenged a decision by Justice Alexandre de Moraes ordering the blocking of certain accounts. He has said X, formerly known as Twitter, would lift all the restrictions because they were unconstitutional and called on Moraes to resign.

Neither Musk, X nor Brazilian authorities have disclosed which social media accounts were ordered blocked. X first posted about the order to block on Saturday but it was not immediately clear when the order was issued.
Moraes is investigating "digital militias" that have been accused of spreading fake news and hate messages during the government of former far-right President Jair Bolsonaro and is also leading an investigation into an alleged coup attempt by Bolsonaro.

Musk, in an X post on Saturday evening, accused Moraes of "brazenly and repeatedly" betraying the constitution and people of Brazil.
"This judge has applied massive fines, threatened to arrest our employees and cut off access to X in Brazil," he said in the post.
"As a result, we will probably lose all revenue in Brazil and have to shut down our office there. But principles matter more than profit."

The billionaire has pledged to legally challenge the order blocking X accounts where possible.
Moraes responded on Sunday by adding Musk to the investigation he is leading into fake news on social media, and opening an inquiry into what he called an obstruction of justice.
In his decision, Moraes said: "X shall refrain from disobeying any court order already issued, including performing any profile reactivation that has been blocked by this Supreme Court."

If X fails to comply with the order to block certain accounts the company will be fined 100,000 reais ($19,740) per day, the judge said in a statement released to media.
President Luiz Inacio Lula da Silva's leftist government expressed support for Moraes, with Solicitor General Jorge Messias criticizing Musk and calling for the regulation of social media networks to prevent foreign platforms from violating Brazilian laws.

"We cannot live in a society in which billionaires domiciled abroad have control of social networks and put themselves in a position to violate the rule of law, failing to comply with court orders and threatening our authorities," Messias said in a post on X.
Last year, Moraes also ordered an investigation into executives at social messaging platform Telegram and Alphabet's (GOOGL.O), opens new tab Google, who were in charge of a campaign criticizing a proposed internet regulation bill.
The bill puts the onus on internet companies, search engines and social messaging services to find and report illegal material, instead of leaving it to the courts. It would also impose hefty fines for failures to do so.

 

[Justa Grata Honoria]

Musk buddy play by their rules just pay some gang from the favelas to shoot the faggot in the face.

 

[clipartfan92]

I love that they can't hide their seething. Death to Journos.

What to know about Elon Musk’s ‘free speech’ feud with a Brazilian judge
Associated Press (archive.ph)
By Gabriela Sá Pessoa and Barbara Ortutay
2024-04-11 19:31:14GMT

Spoiler

SAO PAULO (AP) — Headline-grabbbing billionaire Elon Musk is clashing with a Supreme Court justice in Brazil over free speech, far-right accounts and misinformation on X, the social media platform Musk bought when it was Twitter.

Since his takeover, Musk has upended many of Twitter’s policies, gutted its staff and transformed what people see on the site. As its owner and perhaps most influential user, he’s also used it to try to sway political discourse around the world. His latest entanglement is inside the nation of 203 million people that has the largest population and economy in South America.

The South Africa-born CEO of Tesla and SpaceX bought Twitter in 2022 and declares himself a “free speech absolutist.” To his critics, it’s absolutism with a political slant. He reinstated previously banned accounts such as the conspiracy theorist Alex Jones and former U.S. President Donald Trump, as well as accounts belonging to neo-Nazis and white supremacists. Advertisers who halted spending on X in response to antisemitic and other hateful material were engaging in “blackmail,” Musk has alleged.

Free speech is a constitutional right in the United States but not in many other countries, including Brazil, where Supreme Court Justice Alexandre de Moraes this month ordered an investigation into Musk over the dissemination of defamatory fake news and another probe over possible obstruction, incitement and criminal organization.

WHAT ACCOUNTS HAS BRAZIL BLOCKED?
In Brazil, judges can order any site to remove content. Some decisions are sealed from the public.

Neither Brazilian courts nor X have disclosed the list of accounts that have been ordered to stop publishing, but prominent supporters of former President Jair Bolsonaro and far-right activists no longer appear on the platform.

Some belong to a network known as “digital militias.” They were targeted by a five-year investigation overseen by de Moraes, initially for allegedly spreading defamatory fake news and threats against Supreme Court justices, and then after Bolsonaro’s 2022 loss for inciting demonstrations across the country that were pushing to overturn President Luiz Inácio Lula da Silva’s election.

WHO IS JUSTICE DE MORAES?
De Moraes is unmistakeable, with his bald head, athletic build and sweeping black robe. In his escalating attacks on the judge, Musk called him “Brazil’s Darth Vader.”

Whether investigating former President Jair Bolsonaro, banishing his far-right allies from social media, or ordering the arrest of supporters who stormed government buildings on Jan. 8, 2023, Moraes has aggressively pursued those he views as undermining Brazil’s young democracy.

Days after a mob stormed Brazil’s capital, de Moraes ordered Facebook, Twitter, Telegram, TikTok and Instagram to block the accounts of individuals accused of inciting or supporting attacks on Brazilian democratic order.

HOW DID FREE SPEECH BECOME A CAUSE FOR BRAZIL’S FAR RIGHT?
Brazil’s political right has long characterized de Moraes as muzzling free speech and engaging in political persecution. Lawmakers from Bolsonaro’s circle have been imprisoned and his supporters’ homes raided.

Bolsonaro himself became a target of the digital militias investigation in 2021. That was partly because he was casting unfounded doubt on Brazil’s electronic voting system. That year, he also told a massive rally that he would no longer comply with de Moraes’ decisions, pushing Brazil to the brink of institutional crisis.

WHAT’S MUSK’S ROLE?
Far-right X users have been trying to involve Musk in Brazilian politics for years, said Bruna Santos, lawyer and campaign manager at nonprofit Digital Action.

“They often tag him, asking him to take a stand on Moraes,” she said.

On Saturday, he did, republishing a post from X’s Global Government Affairs, tagging de Moraes and writing: “Why are you doing this @alexandre?”

Musk posted Saturday that reinstating the accounts — most of which apparently are blocked only in Brazil — will “probably” lead the social media platform to dry up revenue in Brazil and force the company to shutter its local office.

In his decision to investigate Musk, de Moraes accused him of waging a public “disinformation campaign” about the top court’s actions.

IS MUSK A ‘FREE SPEECH ABSOLUTIST’?
While Musk has railed against what he perceives as the censorship of certain viewpoints by Twitter’s previous administration, he’s also tried to silence critics he doesn’t agree with, including journalists and nonprofits reporting on his companies.

Musk had accused the journalists in late 2022 of sharing private information about his whereabouts that he described as “basically assassination coordinates.” He provided no evidence for that claim, though earlier Musk decided to permanently ban an account that automatically tracked the flights of his private jet using publicly available data.

Last month, a federal judge dismissed a lawsuit by X against the non-profit Center for Countering Digital Hate, which has documented the increase in hate speech on the site since it was acquired by the Tesla owner.

X had argued the center’s researchers violated the site’s terms of service by improperly compiling public tweets, and that its subsequent reports on the rise of hate speech cost X millions of dollars when advertisers fled.

But U.S. District Court Judge Charles Breyer dismissed the suit, writing in his order that it was “unabashedly and vociferously about one thing,” punishing the nonprofit for its speech.

HOW BIG IS X IN BRAZIL?
Brazil is a key market for X and other platforms. About 40 million Brazilians, or about 18% of the population, access X at least once per month, according to the market research group eMarketer.

Twitter closed offices and laid off employees in Brazil in 2022 after Musk bought the company. It is not clear how many employees X has in Brazil.

X’s legal representatives in Brazil, law firm Pinheiro Neto, declined to comment. X did not respond to a message for comment.

WHAT HAPPENS NEXT?
That depends on Musk and X’s actions. If they reinstate the accounts in Brazil, the company will face fines — at least. While fines have generally not phased Musk, experts say they could increase and X could even face suspension.

“The fines could escalate, eventually leading to the platform’s suspension. But this is always the last measure, as it harms other users in Brazil,” said Filipe Medon, a data privacy lawyer and professor at the Getulio Vargas Foundation.

Regarding Musk — a foreign citizen with a company based in the U.S. — any measures from Brazilian authorities would demand legal cooperation with U.S. authorities.

 

[General Emílio Médici]

I just wanna point out that Musk isn't breaking any laws because the orders coming from the judge are not backed by any law whatsoever.

That is the crux of the issue here. There is no law being cited or procedure being followed. Alexandre de Moraes simply declared he wanted accounts banned on his say so "for democracy and safety" and sent a demand for Twitter to them them off.

This isn't like if, say, the USA ordered twitter to delete pictures of a nuke schematic on the site citing the fact it is top secret intel or even something dumber like France demanding a post be removed because it is denying the Holocaust which is illegal in France.

There is no law Musk is breaking because the judge has no law to quote. It is just his will on the say so that it is to "protect democracy" not even with a insurrection or treason fig leaf. That is why Musk is going balistic. He already dislikes censoring and this bald fucker (Brazilians have taken to calling him Dick Head "Cabeça de Piroca") is demanding censorship on a whim with no law or argument other than his own view of what counts as allowed speech without any oversight.

 

[Glowing In The Streets]

most civilized countries typically go for the asshole that made the order.

I wouldn't call Brazil a civilized country

 

[WonderWino]

I just wanna point out that Musk isn't breaking any laws because the orders coming from the judge are not backed by any law whatsoever.

That is the crux of the issue here. There is no law being cited or procedure being followed. Alexandre de Moraes simply declared he wanted accounts banned on his say so "for democracy and safety" and sent a demand for Twitter to them them off.

This isn't like if, say, the USA ordered twitter to delete pictures of a nuke schematic on the site citing the fact it is top secret intel or even something dumber like France demanding a post be removed because it is denying the Holocaust which is illegal in France.

There is no law Musk is breaking because the judge has no law to quote. It is just his will on the say so that it is to "protect democracy" not even with a insurrection or treason fig leaf. That is why Musk is going balistic. He already dislikes censoring and this bald fucker (Brazilians have taken to calling him Dick Head "Cabeça de Piroca") is demanding censorship on a whim with no law or argument other than his own view of what counts as allowed speech without any oversight.

Eh, no. He's violating a court order from a judge, which absolutely is illegal. Technically the judge doesn't have to cite shit beyond the court order, and since service providers are legally obligated to adhere to the laws of the countries they operate services in, brazil is well within their legal rights to make an issue out of it when musk fails to do so. His only legal choices are challenge the order in court or comply with it. Musk is already on sketchy ground with the US government as it is and there are plenty of people who'd like to see him royally fucked over. He'd best be careful about deliberately provoking an international incident or he'll find himself getting raked over the coals by the feds or worse

If I were Musk, I'd make every Twitter plus (or whatever it's called) subscription come with a third party vpn subscription, so that if your oppressive government blocks twitter, you can still access it (and access anything else on the free internet)

That would quickly mean the end of twitter and put musk into some serious hot water. You can't overtly encourage your customers to violate the laws of their country and not expect to get sued into oblivion, have the feds knocking on your door and having every hosting company, app store and ISP on the planet dropping you after they start getting legal threats from said foreign governments

 

[General Emílio Médici]

Technically the judge doesn't have to cite shit beyond the court order, and since service providers are legally obligated to adhere to the laws of the countries they operate services in, brazil is well within their legal rights to make an issue out of it when musk fails to do so.

Techinically? Maybe. But not really. Moraes is making rulings where he is both judge, victim and prosecutor. He has no actual basis and no law backing him, he has been abusing his power for a long time now and he keeps fucking over. Judges can't just order something done without reason, they aren't Kings or Gods. They need to justify things and Moraes has massively overstepped his office.

Musk also acuses him of wanting the accounts removed and Twitter to take the blame by asking that the court order be hidden and instead the ban be done for "TOS reasons" which is something he really doesn't have to follow.

Musk is trying to challenge the order in court, but Dick Head is refusing to even allow a case to be made or any evidence or prosecution to be mounted. He straight up doesn't want to address it and just wants it done. This is a pattern for him. They did it when they arrested a fucking granny for "insurrection" by denying access to video of the Jan 8th protests and then it was conveniently "deleted" by the minister who now has joined the Supreme Court Flavio Dino (who is very fat and a commie), he did it with his attempts at arresting a random brazilian who "attacked" him in Italy by refusing to release the video of the incident and trying to get the fucking Italian police to go after the guy (they denied, and turned out he massively over-hyped the "aggression" he suffered)

 

[pikachudidnothingwrong]

What the hell do they expect? X isn't based out of there and has no basis, legal or otherwise, for banning accounts. especially ones not even charged with crimes.

Tell them to fuck off.

 

[pot of sneed]

I wouldn't call Brazil a civilized country

More civilized than most of the west right now, or at least less clownish.

 

[The handsome tard]

Update/necro
Musk basically refused to block anyone so hard and the supreme court, being the bastions of goodness that they are, threatened to arrest X workers on Brazil if he didnt comply. Musk decided to shut down everything on Brazil and leave.

Now, Idk what are the legalities behind those but you must understand how fucked Brazil is and how the country is in a subtle judicial dictatorship, meaning the supreme court can just decide whatever they want whenever they want and there is really nothing that can be said otherwise. Now, normally, there would be ways to remove members from power but that would require the senate to actually do something and the whole system is far too corrupt to ever do anything like that.

And you still see hue hue hues celebrating it. That dumbass country deserves what it gets.

 

[frozen_runner]

Update/necro
Musk basically refused to block anyone so hard and the supreme court, being the bastions of goodness that they are, threatened to arrest X workers on Brazil if he didnt comply. Musk decided to shut down everything on Brazil and leave.

Now, Idk what are the legalities behind those but you must understand how fucked Brazil is and how the country is in a subtle judicial dictatorship, meaning the supreme court can just decide whatever they want whenever they want and there is really nothing that can be said otherwise. Now, normally, there would be ways to remove members from power but that would require the senate to actually do something and the whole system is far too corrupt to ever do anything like that.

And you still see hue hue hues celebrating it. That dumbass country deserves what it gets.

First random thought: why the fuck does Glen Greenwald prefer to keep living in Brazil as an American citizen instead of coning back to the states? Aside from his kids being raised there.

Just kidding. It's probably safer for him there. Harder for the glowies to assassinate him.

 

[M3453dst324]

...or at least less clownish.

In what way? If you were thinking transgenderism, then I've got some bad news for you.