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I just watched an interview with a lawyer from the Lawyer Bar of SP (OAB-SP), privacy group, and he claims there is a very clear distinction between two types
by xinayder 2y ago
I just watched an interview with a lawyer from the Lawyer Bar of SP (OAB-SP), privacy group, and he claims there is a very clear distinction between two types of freedom of speech: one defended by Musk and what's written and allowed by the Brazilian constitution.
The former gives much more freedom, that you can even attack someone else and you're covered by free speech. The first amendment is an US thing only, and it makes the Supreme Court rulings look like censorship.
On the latter case, the Federal Constitution doesn't give as much freedom as the 1st Amendment, and it's also written on it that your freedom of speech has certain limits, and quoting Moraes' own words: "freedom of speech doesn't give you impunity for aggression".
If you want to watch it, here's the link (starts at 2:00 mark): https://www.youtube.com/watch?v=zhzsRNw0RNU https://www.youtube.com/watch?v=zhzsRNw0RNU
EDIT:
In other words, you have to take the same precautions you would with the CCP.
No, you just need to know the laws of Brazil. Did you know that Marco Civil says service and application providers must have a legal representative in the country? And even if they don't have one, they still have to follow the local laws?
Art. 11. In any operation of collection, storage, retention and treating of personal data or communications data by connection providers and internet applications providers where, at least, one of these acts takes place in the national territory, the Brazilian law must be mandatorily respected, including in regard the rights to privacy, to protection of personal data, and to secrecy of private communications and of logs.
§ 2o The established in Art. 11 applies even if the activities are carried out by a legal entity placed abroad, provided that it offers services to the Brazilian public or at least one member of the same economic group is established in Brazil.
https://www.cgi.br/pagina/marco-civil-law-of-the-internet-in-brazil/180 https://www.cgi.br/pagina/marco-civil-law-of-the-internet-in...
- blastonico 2y agoIt's ok for X not being allowed to operate in Brazil. But it's NOT OK to fine people in US$ 9K for accessing it via VPN. You're punishing people that didn't do anything otherwise.