A Brazilian Supreme Court panel on Sept. 2 decided to uphold a ban on X, restricting Brazilians from accessing the social media platform.
Some prominent figures — including Bluesky co-founder Jack Dorsey — promoted the use of virtual private networks (VPN), while others cautioned Brazilians against any type of X usage.
Cointelegraph contacted several lawyers and VPN providers to better understand the situation regarding the X ban in Brazil.
Are Brazilians at risk of being prosecuted for VPN use to access X?
Shortly after Brazilian Judge Alexandre de Moraes ordered the suspension of X, some social media activists argued that Brazil “will no longer fine anyone using a VPN to access X.”
Though Twitter CEO Elon Musk endorsed such reports, that might not be the case, according to lawyers.
Source: Elon Musk
“According to a court order from Brazilian judge Moraes, the platform X is banned in Brazil, and accessing X using VPNs is also prohibited,” Catherine Smirnova, Partner and Attorney at Law at Digital and Analogue Partners, told Cointelegraph on Sept. 3.
Moraes ruled that using “technological subterfuges” to bypass the blocking of X is prohibited, making VPN-enabled access to X in Brazil punishable by a fine of 50,000 Brazilian reais ($8,900) per day.
As the general use of VPNs in Brazil is not illegal, the situation presents an “interesting legal contradiction,” according to Smirnova. Although the initial court order included the removal of VPN apps, that part of the order was later retracted, meaning that the requirement for Apple and Google to remove VPN apps was not enforced.
Source: Ian Brown
A spokesperson for Brazil’s Alves Jacob Law Firm confirmed to Cointelegraph that using X in Brazil, even without posting anything on the platform, is “currently illegal.” The representative declined to elaborate on how authorities would ensure compliance with the restriction.
Authorities can try to trace VPN violations, but it won’t be easy
If it’s legal to have a VPN on a smartphone in Brazil but illegal to use it for accessing X, there is “almost no chance” of proving that a user who reads X via a VPN is violating the court order, Smirnova suggested. She stated:
“While this is still a violation of the court’s order, in 99% of cases, this infringement is nearly impossible to prove. When it comes to posting on X, we see the opposite situation.”
Some VPN operators agree that tracing Brazilians who access X via VPNs would be a challenge for local enforcement.
“At the moment, it seems difficult to imagine how the Brazilian government’s proposed fines on people using VPNs to access X could be implemented from a technical standpoint,” a spokesperson from the VPN provider Surfshark told Cointelegraph.
While challenging, tracing the violations is not impossible, according to Marijus Briedis, chief technology officer at NordVPN, which reported a 426% increase in searches for VPN services in Brazil in just a few days in August.
Potential methods for tracking VPN usage include analyzing patterns of user activity and correlating them with available metadata, such as connection timestamps.
“Another method comes into play if the VPN leaks DNS data, making it straightforward for the government to identify which sites you are trying to access,” Briedis said, adding:
“Assuming there are no data leaks, if a user employs a VPN, their ISP will only see that the user is using a VPN, but will not be able to determine which sites are being visited.”
The ban itself is a “violation of the law,” protesters argue
Despite Musk-owned satellite internet service Starlink deciding to comply with the order blocking X in Brazil after initially refusing to comply, Musk himself continued to protest against the ban.
On Sept. 4, Musk took to X to support claims that Judge Moraes “repeatedly and directly violated the laws of Brazil,” citing a post by Alexandre Files. This X account aims to “reveal the unlawful directives” issued to X by the judge.
Source: Elon Musk, Alexandre Files
Musk also called for Moraes’s impeachment, arguing that the politician “deserves prison for his crimes.” Brazilian politicians like pro-Bolsonaro lawmaker Nikolas Ferreira publicly supported accusations against Moraes and kept posting on X despite the ban.
Some sources estimated that 40 million Brazilians, or about 20% of the population, use X at least once per month. Other reports suggest that X has more than 20 million users in Brazil, its fourth-largest market.
Top 10 markets for X as of April 2024. Source: Statista
Does Bluesky have legal representation in Brazil?
On leaving X, Brazil’s President Lula encouraged people to follow him at Bluesky, which amassed 1 million new users in three days amid the X ban in Brazil.
A spokesperson for Bluesky told Cointelegraph that the number of new users signing up for the platform surged to 2.4 million as of Sept. 3.
Related: ‘Absolutely nuts’ — Crypto community reacts to X suspension in Brazil
“The number of new users continues to grow by the minute,” the representative said, adding that the Brazilian influx is setting “new all-time highs for activity on the network.”
Some critics argued that the platform had no legal representation in Brazil, which might seem odd given that Brazil banned X after it refused to name a local representative.
Bluesky did not respond whether the firm had official representation in the country, only stating:
“We’re actively in touch with lawyers both in the U.S. and in Brazil to ensure that we maintain compliance.”
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