Skip to main content


About the X block in Brazil.

Brazilian supreme court were asking X to close/suspend/moderate:

- accounts spreading fake news

- accounts spreading hate speech

- accounts spreading fascism/nazism ideology

- accounts spreading racism

- accounts spreading anti-lgbtqia hate speech

- accounts demanding to close the supreme court

- accounts trying to create disarmony between federal powers, using fake news (executive branch, judiciary branch and legislative branch)

- accounts asking to have another militar dictatorship government instead of democracy

- accounts using free speech to attack judges, legislators, executives and governament branch leaders

- accounts using free speech to haras other people

And a lot, lot more.

They tried several times to talk with them, but twitter refused to comply or respond.

Supreme court is doing their job to secure our Constitution and our Brazilian democracy.

Twitter/X is a toxic non-moderated place right now, it's a risk for us and it's refusing to control their network, it's refusing to comply with Brazilian laws and Brazilian judiciarty court decisions.

That's what's happening.

That's the true.

If you have question I'm here to help!

This entry was edited (2 months ago)
in reply to /home/gutocarvalho :bolha:

If you have question I'm here to help!

Ok. I'll bite.

I understand that one of the orders that twitter refused to follow was to appoint a legal representative of twitter in Brazil.

My questions are...

  • Is my understanding correct?
  • If so, what purpose was this legal officer to serve?
  • Was the judge intending to imprison that person if twitter continued to refuse the orders? If so, in what way is that not a human rights violation? Who did the judge think was stupid enough to agree to such an appointment?

oldguycrusty reshared this.

in reply to Éibhear 🔭

@eibhear
I don't know if the legal representative would be arrested right away, but they would be under such risk for sure. But I don't see human's right violation there. I don't know what is your country but I would bet that you can be arrested if you refuse to comply with judiciary decisions.

You seem to be arguing that this person would have not the power to comply with the decisions, but if that's the case, this person is not an actual representative, right?

in reply to Renato

@eibhear
The decision is based on the following reasoning. Twitter is not following the brasilian law. There's no one to respond in front of court for Twitter. Then Twitter cannot operate anymore.
in reply to Renato

That's fine with me. (Assuming you mean twitter can't operate in Brazil any more)
in reply to Éibhear 🔭

@eibhear
I was trying to explain the reasoning behind the decision. I don't know what to think about all that to be honest.

But yeah, I don't see how a decision by brasilian supreme court could have effect beyond Brazil.

in reply to Renato

Yeah. I was a little sharp with that reply, and I didn't mean to be.

I've been following the intersection of tech and law for nearly 30 years, so I'm aware of many of the issues.

Generally, I see a country or court blocking websites as OK, as long as the decisions are consistent with the law. However extraterritoriality, and denial of liberty of innocents are among the things I can't accept.

in reply to Renato

Content moderation in social media companies is centralized.

The local representative would have nothing more than advisory powers, and we know Musk doesn't take advice.

in reply to Éibhear 🔭

@eibhear
I understand that. But I don't see how someone who cannot make decisions can be a legal representative for a company. Being legal representative is exactly about being legally responsible for it.

The closing of the Twitter office in Brazil was precisely to avoid law enforcement, and Musk said that publicly.

in reply to Renato

Which leaves the judge with the course he took.

But to expect that a local representative with no content moderation authority should go to jail for Musk's refusal to take down stuff is horrifying. To expect that a local representative would have content moderation authority is to fail to understand how social media companies work. This is something the judge should not have ordered.

in reply to Éibhear 🔭

@eibhear
I see your point. But, legally, if someone took the job, they would be signing a paper saying that they take legal responsibility for Musk's decisions in Brazil, since they have no actual power. On the other hand the Judge could rule that the since this person have no actual power they cannot be the legal representative and cannot be indicted... but we are at the realm of speculation now.
Unknown parent

SJ
@eibhear That doesn’t answer the question though… would the legal representative be personally at risk?
Unknown parent

Éibhear 🔭

I accept all of that -- no argument.

But were the fines to be levied on the representative personally (i.e. "If twitter won't pay the fines, we'll make you personally liable for paying them")?

in reply to Wilfried Klaebe

  • Order the website to be blocked
  • Seize the company's assets
  • If you can get the legislature to agree, pass a law banning government departments from advertising on the website.
  • Shut down the company (i.e. de-register it).


If you make it about the individual, then you have a serious human rights issue on your hands.

in reply to Éibhear 🔭

@eibhear They could quit...

It's quite a normal thing to imprison CEOs if their company does not pay fines.

@gutocarvalho @jeffries

in reply to Éibhear 🔭

When I say "... about the individual ..." I am referring to the person who has been appointed to represent the company. If Musk doesn't comply, then a warrant for his arrest is a lot less problematic (though, IMO, problematic all the same).
in reply to Wilfried Klaebe

CEOs, yes.

Not appointed representatives for what the CEO does or fails to do.

Quitting is hardly an option if you've already had a warrant for your arrest issued:

Judge: "Jail that person!"
Policeman: "Why?"
Judge: "Because his boss broke the law"
Staff member: "I've quit -- I don't work there any more"
Boss: *continues breaking the law*
Judge: "Dammit. Foiled again!"

in reply to Éibhear 🔭

that is actually what is legally being signed up for when you are the director of a branch of a multinational company

You're not just a mouth piece, you have a responsibility to ensure the company abides by local laws.

This entry was edited (2 months ago)
in reply to Emelia 👸🏻

Yes. But, if the office is shut down, and the judge says: "open that office again so that I can arrest one of your employees because you won't comply with my orders", who would apply for that job?

Imagine if Musk really really wanted to re-open an office in Brazil, who would he get to agree to be sent to jail? Who would have loved ones who would allow them to be sent to prison for Musk. Would Musk actually care if someone went to jail for him? Would he be any less of an asshole?

The operating assumption where any of this is could work is that the office, the staff and the operations all take place within the jurisdiction. But, none of this is true for twitter and Brazil, so it's a bit odd to support the notion of employing someone to be arrested and jailed for Musk's decisions to operate a company (as shittily as he deems fit) in a completely different country.

in reply to Éibhear 🔭

@eibhear offices and companies don't shut down over night, you do know that, right?
in reply to Emelia 👸🏻

@eibhear but also, that's literally what a local legal representative is for, Musk essentially shafted that person by not playing ball.
Unknown parent

Éibhear 🔭

The local representative is not the captain. At best, it's the first officer's mate.

The operation of the ship is under Musk's control, and if there is someone to arrest, arrest him.

If someone can't represent the company locally because the company won't comply with the law, then they resign. If the company has shut down the office and there's no one in the country to represent the company, then there's no one in the country to represent the company.

there is no company in the world without someone responsable for the company, period.

In this case, it's Elon Musk.

I go back to some of my original questions to you:

  • Was twitter ordered to appoint a local officer by the judge?
  • If so, was that order made so that the judge would have someone local to personally punish?
  • If so, how is it reasonable to expect someone with no authority in twitter to agree to such an appointment?
  • Also, how do we think this isn't a human rights issue?
Unknown parent

Éibhear 🔭
That next step could (and should) have been the first step: block the website and move on.
Unknown parent

Éibhear 🔭
I don't know what STF is.
in reply to Éibhear 🔭

STF (Supremo Tribunal Federal) is the Brazilian Supreme Court.
This entry was edited (2 months ago)
Unknown parent

Éibhear 🔭
Yes. I agree. The legal case needs to be made as the first step. I should have made that clear. Otherwise you're operating a kangaroo system.
Unknown parent

Laffy
@Snowshadow Did I already block that one? I can't remember who it is
Unknown parent

Snowshadow

UPDATE: ACCOUNT SUSPENDED!!

@taustw
I am looking at your account, newly opened yesterday with zero followers.

I see by all your replies on your profile page you are here only to troll accounts from Brazil, accounts fleeing the Twitter ban.

⚠️ I hope everyone REPORTS and blocks YOU as I have done.

👋 bye bye, this isn;'t twitter and we don't tolerate trouble makers.

This entry was edited (2 months ago)
in reply to Snowshadow

@Snowshadow No, I hadn't seen that one. Just checked. I blocked even though our server suspended
in reply to Laffy

@GottaLaff
No worries, it's been removed, sorry to bother you. Mods are fast today!!!
Unknown parent

Éibhear 🔭

... and there isn't a social media company anywhere in the world who will give content moderation authority to an officer in every country that requires it. Some expectations need to be adjusted for reality.

I restate for clarity here: I have no problem with twitter being blocked. My problem is that we should never accept an innocent person (an accountant? a janitor?) being appointed the designated hostage when a country has a dispute with a company's HQ.

Unknown parent

Éibhear 🔭
So, the order to appoint a local officer was not so that officer would be punished if Musk refused to obey the other orders?
Unknown parent

Éibhear 🔭

If that person is not authorised within the company to fix those problems, what can the judge do?

If the answer is nothing, then what's the point of ordering that person to be appointed?

Unknown parent

Éibhear 🔭
And that's what I would expect, and I think that's fine.
Unknown parent

Éibhear 🔭

... but that was my original question all those hours ago:

Was the judge intending to imprison that person if twitter continued to refuse the orders?

If the answer was always "no", we could have saved a great deal of energy.

in reply to Éibhear 🔭

@eibhear @eibhear @wonka @jeffries yeah and the reality is that “digital companies” operate in the real world, despite tech bros rejecting that. Your on about arrest, nobody is getting arrested. The point is about business operations in a foreign country. One has to obey the praxis. If they don’t, the business can’t operate. it’s that simple. He had already been advised to follow legislation, he didn’t, got fined. Then he walked out on the fines, with some cockamamie excuse. He’s a dead beat, in simple words. If he wants to operate as a business in Brazil, he has to follow our legislation and pay the fines.
Unknown parent

Ligia Morris
@TheAbyssNation1 @Extra_Special_Carbon @eibhear @wonka @jeffries @Ursalzona How does Congress overturn the Supreme Court’s decision? Please explain this. I don’t think you know how this works. People are centering this thing on one judge, but it’s not. It’s the court’s majority decision. Also, Musk made a meme post on his profile with that judge behind bars, promising he’d put him there after the judge informed about closing the site..That’s considered threatening to a Supreme Court justice and also has penal code consequences..It give you an idea of EM arrogant disregard of our justice system.
in reply to Ligia Morris

My post you're replying to includes the following:

I restate for clarity here: I have no problem with twitter being blocked.

None of what you say above educates me in any way.

in reply to Éibhear 🔭

@eibhear It seemed like you were harping on a non-existent, human rights violation arrest. Never even imagined being able to educate someone on this thing..
in reply to Ligia Morris

I asked a question, and it wasn't answered for about 4 hours, during which time I restated the question many times in the same thread. That's the harping. If it had been answered at the outset, I'd would have been educated on the matter.
in reply to SJ

Not really. They would have to represent the company in court, handle communications, etc. This position is absent in Brazil because Musk's tantrum several days ago of shutting down all of twitters' offices and firing all Brazilian employees. It was never just one person before, but that is the bare minimum. They've had 0 for several days now and didn't respond to the order requiring them to have an open office. The order didn't want twitter to hire a Brazilian citizen so that they arrest them. That is not the point.
This entry was edited (2 months ago)
in reply to Éibhear 🔭

The representative does not need to be a programmer or moderator. They simply need to answer communications, communicate with the company's headquarters, etc.

Look at how social media companies operate in China. They censor, or they cease to exist there. The EU has stricter laws than the U.S.A, but Xitter is still there.

It is complicated to run a company like Xitter, even if you are a self-proclaimed genius like Musk.

This entry was edited (2 months ago)
in reply to Éibhear 🔭

@eibhear @thisismissem That's Musk's problem now, not a problem with the laws of Brazil. It is true FAFO for Genius Boy.

(FAFO = Fuck around, find out, or joga por aí e descobrir para os brasileiros)

in reply to Wilfried Klaebe

@wonka @jeffries @eibhear
Fines are paid by a company, not the director.

Jail sentences may be imposed on the director if the offence is a penal one. "The buck stops here" merely means "I'm the one who goes to prison". Resigning changes nothing: that person was ultimately responsible for decisions made by the company when the offence was committed.

Pretty sure even Musk would find it extremely hard to find someone prepared to go to jail simply to massage his throbbing ego.

in reply to Éibhear 🔭

"None of this is true for twitter and Brazil."

Xitter *did* operate in Brazil, since it was made accessible to people in that country. This was a Xitter choice.
Firing all the moderators was also a choice, as was letting in known far-right agitators, neo-Nazis and proponents of open hate speech, while muting/expelling pro-democracy, pro-tolerance, pro-diversity voices.

If you can read a post in a country, the site that post is on operates in that country.

This entry was edited (2 months ago)
in reply to Anarchic Teapot 🌹⚧️

@anarchic_teapot @eibhear
Not just that, but also selling and soliciting advertising within the country (i.e., doing business, not just being present on the internet)
in reply to Emelia 👸🏻

@thisismissem @eibhear Very true, but the "readable" part is the litmus test. Everything else is just aggravating your case.
in reply to Anarchic Teapot 🌹⚧️

I think you're not reading what I'm saying. Let's punish twitter for failing to abide by the laws, and let's punish those who decide that twitter would not obey the law. This is 100% clear, and something I agree with.

What I disagree with is the idea that a member of staff of twitter should be personally held liable -- up to the point of imprisonment -- for Musk's decisions, knowing as we all do that Musk listens to no one when he has a bee in his bonnet.

in reply to cy

@cy If only my country didn't "protect" us like that.
Protection without consent is infantilisation.
@cy
in reply to Light

Psychological assault with poisonous marketing and indoctrination tactics is not something adults are immune to. Maybe if it was blocking a useful service, or some source of education I'd be upset, but this is Twitter.
in reply to cy

@cy I don't really care. We're still adults. We each make our own decisions about what's dangerous for us.
If you want to give up that right voluntarily, that's up to you. But don't involve me in it.
@cy
in reply to Light

@light @cy They can choose not to be protected by voting. Many will be upset by not having access to Xitter even for a few days. They will each individually have to think whether they're laws are too strict and act accordingly. Do they want control of their country, or do they want to open it up to social media troll farms?

There are many decisions your government makes without your direct consent. How clean your food is, how safe your drugs are, etc.

@cy @Light
in reply to Éibhear 🔭

@eibhear @thisismissem
1. Since Musk is the ultimate decision-maker, it is likely he would be the once receiving the sentence, unless it could be should that the country rep was complicit (cue King's Evidence, or whatever the local version is).
2. Why should a country make a specific exception to its local agent laws just because Musk is an egotistical fascist cunt?
in reply to Anarchic Teapot 🌹⚧️

I'm pretty sure that our court won't imprision a Brazilian representative, or force him or her to pay twitter fines.

They understand and known who is the real threat, they wont harm someone because of Musk personal war against Brazilian Gov.

But they will prolly close the company in Brazil for good.

This entry was edited (2 months ago)
in reply to Éibhear 🔭

@eibhear @anarchic_teapot
If you are the Managing Director of Twitter GmbH (Germany), and your parent company Twitter, LLC, doesn't allow you to follow german laws, and fines are levied against Twitter GmbH and neither Twitter GmbH nor Twitter LLC can or will pay those fines, then yes, there can be action taken against the Managing Director.

That is, companies offer some liability protection in cases of bankruptcy and such, but not in refusal to follow the law.

in reply to Emelia 👸🏻

@eibhear @anarchic_teapot
Your issue isn't with Brazil, STF, or anything, it's with Musk throwing someone who agreed to work with him in good faith under the bus.

Musk knew refusing to comply would mean legal liability for that person, and chose not to comply.

in reply to /home/gutocarvalho :bolha:

@eibhear @thisismissem Same here. Ultimately it's the parent company and Musk who are responsible. However, I doubt Musk likes the idea of someone in the country who can tell the authorities what sort of orders he's really sending out.
in reply to Emelia 👸🏻

@thisismissem @eibhear @anarchic_teapot there’s no sense in defending musk. However, threatening enormous fines on ordinary citizens for simply using his platform or an even just a VPN strikes me as an extreme abuse of power.
in reply to Emelia 👸🏻

1) Yes.
2) Knowing that, did the court still want to imprison that local representative? and if so, to what purpose that would serve justice?