Brazil fines Musk’s X for site’s return after ban

On September 19, 2024, 8:35 PM

Brazil has fined Elon Musk’s companies after some users in the country were able to briefly access the social media platform X, despite a ban imposed last month.

Brazilian users swarmed the site on Wednesday after X updated how its servers within the country were accessed.

The platform’s restoration was unintended, the company said. Hours later access was again blocked.

On Thursday, a Brazilian court fined the firm around $920,000 (£693,000) for breaching the ban.

Supreme Court judge Alexandre de Moraes described the company as having committed a “trick” in re-enabling access for some users.

He fined X and Mr Musk’s other company, the internet satellite firm Starlink, more than $920,000 (£695,000) for each day X operates in Brazil.

But it’s unclear if the court can enforce payment of the fine. Mr Musk’s firms have previously ignored Brazilian court orders, including the demand which led to the social media site being banned in the first place in August.

Explaining the sudden access for some users on Wednesday, X said a change of network providers had “resulted in an inadvertent and temporary service restoration to Brazilian users”.

“While we expect the platform to be inaccessible again in Brazil soon, we continue efforts to work with the Brazilian government to return very soon for the people of Brazil,” an X spokesperson said in a statement.

The company’s explanation had caught some observers by surprise.

“Everything that happened during the day led us to believe that it was on purpose,” said Basílio Rodriguez Pérez, advisor to ABRINT, the country’s leading trade group for Internet Service Providers (ISP).

ABRINT said X moved to servers hosted by Cloudflare, and that the site appeared to be using dynamic internet protocol (IP) addresses that change constantly, indicating to him that the change in access to Brazilian users was purposeful.

By contrast, the previous system had relied on specific IP addresses that could be more easily blocked.

Basílio Rodriguez Pérez, ABRINT advisor, said those dynamic IP addresses could also be linked to critical services within Brazil.

“Many of these IP [addresses] are shared with other legitimate services, such as banks and large internet platforms, making it impossible to block an IP [address] without affecting other services.”

That includes the service PIX, which millions of Brazilians depend on to make digital payments.

Despite the change, some experts said Cloudflare was well-positioned to help Brazil reinforce the ban.

“Actually, I think the ban would be even more effective if Cloudflare really cooperates with the government,” said Felipe Autran, a constitutional lawyer in Brasilia, the country’s capital.

“I think they will, since they are such a huge provider for many Brazilian enterprises and also the government.”

Cloudflare declined to comment when contacted by the BBC.

Brazil is said to be one of the largest markets for Mr Musk’s social media network.

The platform was banned in the country last month after failing to meet a court deadline to appoint a new legal representative in the country.

It marked the most significant development in a feud between Supreme Court Justice Alexandre de Moraes and Mr Musk, which began in April, when the judge ordered the suspension of dozens of X accounts for allegedly spreading disinformation.

At one point, Musk’s satellite internet provider Starlink – a subsidiary of spacecraft manufacturer SpaceX – declared it would allow its customers in Brazil to log onto X. Starlink backed down after the nation’s telecommunication agency threatened to revoke its licence to operate there.

Observers in Brazil have expressed frustration with both X and the Brazilian government over the fractured relationship.

“It’s a game of chess and we are the pieces on the board,” Mr Pérez said. “But it’s not us who are playing. It’s the government and X who are playing.”