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A panel of the Brazilian Supreme Court upheld a ban on the social media platform X, effectively restricting access for users within Brazil. This decision has sparked a debate about the use of virtual private networks (VPNs) to circumvent the ban.
Following the court's ruling, prominent figures, including Bluesky co-founder Jack Dorsey, have advocated for the use of (VPN) to access X. However, legal experts have noted potential risks associated with this approach. Catherine Smirnova, Partner and Attorney at Digital and Analogue Partners, highlighted that Brazilian Judge Alexandre de Moraes's order specifically prohibits the use of "technological subterfuges," including VPNs, to bypass the ban on X. As a result, accessing X through a VPN could lead to fines.
The challenge of enforcing this ban lies in the difficulty of tracking VPN usage. Although the general use of VPNs in Brazil remains legal, proving that a user is accessing X via a VPN could be challenging. Smirnova pointed out that while VPN usage to access X violates the court order, it is difficult to establish this infringement in most cases.
VPN providers have echoed these concerns. A representative from Surfshark expressed skepticism about the feasibility of implementing fines for VPN users, citing technical difficulties in monitoring such activities. NordVPN’s chief technology officer, Marijus Briedis, acknowledged that while tracing VPN usage is challenging, it is not entirely impossible. Potential methods for tracking include analyzing user activity patterns and monitoring for DNS data leaks.
In response to the ban, some users and platforms have taken a stand. Elon Musk, owner of Starlink, has criticized the ban, arguing that it violates Brazilian laws and calling for the impeachment of Judge Moraes. Despite these developments, the ban on X has significantly impacted its usage in Brazil, prompting a notable shift towards alternative platforms like Bluesky, which has experienced a surge in new users.
The evolving situation underscores the complexities of digital regulations and the challenges faced by both users and authorities in enforcing such bans.
