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

Brazil has imposed a significant fine on Elon Musk’s companies following an incident where users in the country briefly accessed the social media platform X, despite a recent ban. This unexpected access occurred after X updated its server configuration, allowing some Brazilian users to log in on Wednesday.

The company stated that the restoration of access was unintentional. Just hours later, however, access was blocked again. On Thursday, a Brazilian court fined X five million reais (approximately $920,000 or £695,000) for violating the ban. The company reverted its services back to its previous server provider that afternoon, according to ABRINT, Brazil’s Internet Provider Association, which monitored the change during its testing.

While X and Cloudflare have not confirmed the server switch, ABRINT reported that X’s public DNS indicated a return to its prior configuration. Brazilian Supreme Court Justice Alexandre de Moraes criticized X for what he described as a “trick” to regain access for some users. He imposed daily fines on both X and Musk’s satellite internet service, Starlink, for each day X operates within Brazil.

It remains uncertain whether the court can enforce this fine or how it will pursue payment now that X has reverted to its earlier servers. Musk’s companies have previously defied Brazilian court orders, including the one that resulted in X’s ban last month.

X attributed the sudden access for some users to a change in network providers, stating it “resulted in an inadvertent and temporary service restoration.” A spokesperson for the company added, “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.”

However, observers were skeptical of this explanation. Basílio Rodriguez Pérez, an advisor to ABRINT, noted that the day’s events suggested the access was intentional. He explained that X switched to servers hosted by Cloudflare, using dynamic IP addresses that frequently change. This method complicates blocking efforts since many of these addresses are shared with critical services in Brazil, including digital payment systems like PIX, which millions of Brazilians rely on.

Despite the confusion, some experts believe Cloudflare could help Brazil reinforce the ban effectively. Felipe Autran, a constitutional lawyer based in Brasília, asserted, “The ban would be even more effective if Cloudflare cooperates with the government.” Given Cloudflare’s significant role in providing services to Brazilian enterprises and the government, there is hope for better enforcement of the ban.

The ban on X was initially imposed last month after the platform failed to appoint a new legal representative in Brazil, a requirement set by a court. This incident marks a significant point in the ongoing dispute between Musk and Justice de Moraes, which began in April when the judge ordered the suspension of several X accounts for allegedly spreading misinformation.

At one point, Starlink had considered allowing its Brazilian customers access to X, but retreated after Brazil’s telecommunications agency threatened to revoke its operating license. This incident has fueled frustration among Brazilians towards both X and their government over the deteriorating relationship.

As Mr. Pérez articulated, “It’s a game of chess and we are the pieces on the board. But it’s not us who are playing; it’s the government and X.” This ongoing conflict highlights the complexities of regulatory enforcement in the digital age, especially involving global tech giants and local laws.