DW Weekly #176 – 6 September 2024
In the past few days, Elon Musk’s legal battle with the Brazilian judiciary culminated in the ban of his social media platform X and the freezing of Musk’s assets in Brazil. X became the focal point of controversy particularly when Musk missed the deadline to appoint a legal representative in the country and used the platform to challenge Brazil’s institutions, sparking a fierce response from officials determined to assert control. Musk’s combative stance, however, only fuelled the tension, casting him as a rebellious figure against Brazil’s sovereignty.
When Judge Alexandre de Moraes banned X, the Brazilian Supreme Court upheld the ban, citing the platform’s disregard for national law since the tech giant did not comply with the imposed demands.
The implemented measure underscores growing global concerns over the unchecked influence of social media in shaping public discourse. The billionaire’s insolence, in fact, sparks a broader frustration among governments worldwide, where platforms like X threaten national stability and governance. However, Brazil’s judiciary has clarified that even economic giants like Musk must abide by the rule of law.
The roots of this legal standoff run deep, tracing back to Brazil’s recent political turmoil. During Jair Bolsonaro’s presidency, disinformation on X spread like wildfire, and justices like de Moraes took a firm stand to protect Brazil’s democracy. Musk’s ‘free speech absolutist’ stance and his attacks on Brazil’s left-leaning government suggest that this battle is as ideological as legal.
The development clearly shows that the conflict between Musk’s tech empire and Brazil’s judiciary reached its peak. The court’s unwavering determination to regulate digital platforms and enforce laws—despite Musk’s insults and defiance—raises profound questions about the balance between digital freedom and state authority. With Musk’s platform continuing to challenge Brazil’s regulations, this case offers a glimpse into the complex global tensions between powerful tech moguls and the governments determined to regulate them.
In other news, the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law will open for signature. The Convention, adopted earlier in May, aims to ensure AI aligns with human rights and democratic values, applying to both public and private sectors. It sets forth key principles like transparency, accountability, and privacy protection but has faced criticism for being too lenient and lacking strong regulatory measures. Its success will depend on how signatory countries implement its principles into law.
Andrijana, Marko and the Digital Watch team
Highlights from the week of 30 August-6 September 2024
The legally binding agreement mandates states to implement safeguards against any threats posed by AI to these essential societal pillars.
The move responds to global concerns about AI’s role in spreading misinformation, as seen with generative AI models like OpenAI’s ChatGPT and Google’s Gemini.
The Social Design Agency, operating under Kremlin orders, used real social media posts, fake media websites, and cryptocurrencies to manipulate public opinion in European societies.
The Convention on Artificial Intelligence is a first-of-its-kind global treaty that aims to ensure AI upholds human rights.
Musk argued that the law violated First Amendment protections, a stance initially rejected by a lower court.
The order, issued by Judge Alexandre de Moraes, also involves freezing Starlink’s accounts to ensure payment of fines owed by X, which Musk also owns.
The decision comes after ANPD suspended Meta’s new privacy policy over data usage concerns in July.
Active since at least 2017, the campaign has intensified recently, leveraging thousands of accounts across over 50 platforms.
The 2025 budget bill forecasts a primary surplus of 3.7 billion reais, with anticipated revenues from increased income taxes and tax negotiations totalling 58.5 billion reais.
The passage of AB 1836 signals California’s leadership in protecting performers’ digital rights, ensuring control over how the likenesses of deceased actors are used in media.
In our September issue, we analyse how Durov’s arrest and X ban in Brazil spell the end of the illusion of cyberspace, look at the debates at the last session of the Ad Hoc Committee on Cybercrime, explore the new WTO digital trade agreement, explain the lessons learned from the Crowdstrike July 2024 outage, and mark our calendars for the Summit of the Future.
India’s G20 leadership has elevated the concept of Digital Public Infrastructure from a latent term to a globally recognised driver of socioeconomic development. Expectations are now shifting to Brazil to sustain and expand this momentum.
The Durov and Brazil-X cases symbolically mark the end of the illusion of cyberspace, which dates back to 1996, when in Davos, John Barlow wrote the Declaration of Independence of Cyberspace, telling governments that ‘Cyberspace does not lie within your borders’.
