STF Minister determined a daily fine of R$50,000 for anyone accessing X via the tool; lawyers contest
Fining those who use VPN (Virtual Private Network) to access X (formerly Twitter) in Brazil, as determined by STF minister Alexandre de Moraes, is a “Herculean challenge” legal and technical. This is what legal professionals heard by Poder360.
- what is VPN: software (computer program) with several free or paid versions. It allows anyone to use the internet without the operators knowing the origin of the access. This technological resource is used mainly in dictatorships where citizens are prohibited from accessing websites or applications considered inappropriate by the autocrats in power.
On Friday (Aug 30, 2024), the Supreme Court minister ordered the suspension of X in Brazil after the company failed to indicate a legal representative in the country. He also decided that anyone who uses “technological subterfuge” to use the social network could be punished with a daily fine of R$50,000. Read the full of the decision (PDF – 374 kB).
Moraes had also ordered Apple and Google to remove VPN apps from their stores, but he backed down on that point. Read the full of the decision (PDF – 113 kB).
Below, read the points considered controversial about using VPN:
- How to monitor VPNs? – for Solano de Camargo, professor of private international law at USP (University of São Paulo) and president of the Privacy, Data Protection and Artificial Intelligence Commission of the OAB-SP, “it would require the use of advanced packet inspection techniques and collaboration with tens of thousands of internet providers, something that is not trivial and would be considered an invasion of privacy”;
- impractical surveillance – according to the constitutional lawyer Andre Marsigliait is impractical to monitor 22 million profiles (estimated number of Brazilian user accounts on X) to know who accessed the platform;
- third party punishment – Marsiglia assesses that punishing those who are not involved as part of the process is not a practice based on the principles of legality;
- Brazilians abroad – Moraes’ decision applies to the national territory, but if a Brazilian who is in Portugal as a tourist publishes something on X and returns to Brazil a few days later, will he be considered an offender? Will he not have to pay the fine if he proves he was abroad? The Supreme Court minister does not explain in his ruling.
According to constitutional lawyer Vera Chemin, the suspension of X should be considered by the plenary of the Supreme Federal Court, due to the importance and repercussion of its subject. She states that the decision violates the constitutional principles of freedom of expression and brings serious macroeconomic consequences, since the social network moves an industry directly and indirectly.
Read more about Moraes X Musk:
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