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September 19, 2024
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Anatel: X demonstrates deliberate intention to disregard STF order

Anatel: X demonstrates deliberate intention to disregard STF order

The National Telecommunications Agency (Anatel) identified the mechanism that made possible the access to social network Xduring Wednesday (18). Anatel: X demonstrates deliberate intention to disregard STF order

“With the active support of telecommunications providers and the company Cloudfare, it was possible to identify a mechanism that, hopefully, will ensure compliance with the determination, with the reestablishment of the blockade,” Anatel reported in a note released this Thursday (19).

Access was possible after an operational update carried out by the social network, which changed the email address that was blocked and began hosting it on the servers of Cloudflare, a North American company specialized in website security. As a result, the mechanisms adopted to block the social network were unable to prevent access. network is suspended since the beginning of this month by order of the minister of the Supreme Federal Court (STF) Alexandre de Moraes.

FILE PHOTO: 'X' logo is seen on the top of the headquarters of the messaging platform X, formerly known as Twitter, in downtown San Francisco, California, US, July 30, 2023. Reuters/Carlos Barria/Reproduction prohibited
FILE PHOTO: 'X' logo is seen on the top of the headquarters of the messaging platform X, formerly known as Twitter, in downtown San Francisco, California, US, July 30, 2023. Reuters/Carlos Barria/Reproduction prohibited

Social Network X – Reuters/Carlos Barria/Reproduction prohibited

However, yesterday morning, users reported being able to access the platform freely, without accessing it through Virtual Private Network (VPN) applications, a mechanism used to circumvent the suspension. Anatel said that, with the identification, it hopes to ensure compliance with the court decision.

The Brazilian Association of Internet and Telecommunications Providers (Abrint) reported in a note, on Wednesday, that the X network changed the electronic address that was blocked and started hosting it on the servers of Cloudflare, a North American company specialized in internet security. websites.

“Unlike the previous system, which used specific IPs that could be blocked, the new structure based on Cloudflare shares IPs with other legitimate services, such as banks and large internet platforms,” ​​said Abrint.

According to Anatel, the measure was taken with the aim of circumventing the suspension ordered by the Court.

“The conduct of the X network demonstrates a deliberate intention to disregard the STF order. Any new attempts to circumvent the blockade will be subject to the appropriate measures by the Agency,” said the regulatory body.

Suspension

Minister Alexandre de Moraes ordered the suspension of X in Brazil after the platform failed to comply with court decisions, closed the company office in the country and did not present legal representative to operate in Brazil. According to the Article 1,134 of the Civil Code Brazilian, to operate in Brazil, foreign companies are required to appoint representatives in the country.

“The illegality is even more serious, because even when effectively summoned to comply with the orders to block profiles, whose posts reproduce criminal content investigated in the proceedings, the aforementioned platform committed judicial disobedience, and criminally decided to publish a message inciting hatred against this Supreme Court”, stated the minister in the ruling.

The decision to suspend X was submitted to the 1st Panel of the STF. At the time, Moraes highlighted that the Internet Civil Rights Framework provides for the civil liability of internet providers for damages resulting from content deemed illegal.

When analyzing the case, the 1st Chamber of the STF voted to maintain the suspension of the social network. Ministers Cristiano Zanin, Flávio Dino and Cármen Lúcia fully followed the vote of the rapporteur, Alexandre de Moraes, and upheld the decision. Minister Luiz Fux followed the rapporteur, but presented reservations.

Controlled by multi-billionaire Elon Musk, social network X has collected friction with authorities from various countries, from Brazil to Australia, England, the European Union (EU) bloc, Venezuela, among others.

While in the EU, Brazil and Australia, Musk appeals to the rhetoric of unrestricted “freedom of expression”, in India and Turkey, the X platform has complied with court decisions suspending content and profiles without reporting alleged “censorship”. In India, the platform removed from its networks a BBC documentary critical of the Asian country’s Prime Minister, Narendra Modi.

Musk is being investigated by the STF in the digital militia inquiry that investigates the actions of groups that allegedly organized themselves on social media to attack the STF, its members and the 2022 Brazilian election.

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