Some Brazilian users were able to reconnect with X on Wednesday, despite the Supreme Court’s nationwide ban, after the platform appeared to alter its server access methods. This temporary access may not last long.
Justice Alexandre de Moraes ordered the ban on August 30 following ongoing disputes with Elon Musk over account removals and free speech limitations. He also imposed fines on users employing virtual private networks (VPNs) to access X, effectively blocking the platform in Brazil until this week, when some users, including AP journalists, reported renewed access.
Experts noted that X has started routing traffic through Cloudflare, a content delivery network, acting as a protective “digital shield” that masks its servers from detection. Pedro Diogenes, technical director for CLM in Latin America, explained that this setup filters traffic, preventing X’s original IP addresses from being recognized.
Brazil’s telecommunications regulator, Anatel, is currently investigating this situation and plans to report back to the Supreme Court. However, there have been no changes to de Moraes’ ruling, and the panel of justices upheld the ban. Although fines for VPN use have yet to be enforced, they remain a contentious issue, facing backlash from the Brazilian bar association.
The Supreme Court did not comment on potential further actions regarding the case, and Cloudflare has not responded to inquiries. Musk, known for criticizing de Moraes on social media, had not addressed the situation by late afternoon.
Former president Jair Bolsonaro welcomed the return of X, siding with Musk against the ruling judge. He framed the ban as an act of censorship, praising those who pressured for X’s return and advocating for democracy in Brazil.
Some Brazilian users celebrated their reconnected status, publicly affirming they were not using VPNs. While no fines have been reported, the situation remains fluid as regulatory scrutiny continues.
Cloudflare has a track record of providing services to controversial sites but can withdraw support based on legal or ethical considerations. Experts suggest that its cooperation with the Brazilian government may depend on the Supreme Court’s orders regarding X.
Furthermore, de Moraes could intensify pressure on Musk by targeting Starlink, his satellite internet service provider, a move he has previously hinted at since the ban. Recently, de Moraes seized around $3 million from X and Starlink to cover unpaid fines, highlighting ongoing tensions.
Legal experts have raised concerns over de Moraes’ actions, questioning the legality of freezing Starlink’s accounts. While Musk operates both X and SpaceX, the two companies function as distinct entities. De Moraes appears to treat them as part of a single economic group, raising legal and ethical complexities.
“Under normal circumstances, someone else taking steps to obstruct judicial actions would face serious repercussions in Brazil,” said Rafael Mafei, a law professor at the University of Sao Paulo, highlighting the unique challenges Musk faces in this situation.
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