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Comment by diegoholiveira | Hacker News Reader

I don't know about India, but in Brazil, the requests sent to X (Twitter) have no legal basis, that is, they are illegal by nature. The entire process that resulted in this blocking is secret and not even the defense lawyers had access to the investigation.

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> but in Brazil, the requests sent to X (Twitter) have no legal basis, that is, they are illegal by nature.

That request was made by Brazil's supreme court.

Should we assume some guy in the internet named diegoholiveira has more knowledge of Brazilian law than the Brazilian Supreme Court?

https://noticias.r7.com/brasil/e-um-inquerito-do-fim-do-mund...

That’s a retired minister of the Brazilian Supreme Court. With a quick search you can find many others experts saying the same.

> 18/06/2020

Please check the current date on your machine. Your "news" is about something that happened 4 years ago. Quite "old" for "news", huh?

It’s the same secret process. It’s being around since 2019.

Do you have an actual argument to refute him with? Or just appeals to authority?

Baseless appeals at that, given that these judge-kings are in their position by political appointment, not by being tested and filtered by concurso público like the real judges in this country.

> Do you have an actual argument to refute him with?

Of course not. And I don't need to provide any, since there isn't anything here to "refute".

After all, he also didn't provide any argument to demonstrate that the decision was illegal. He just took an opinion out of his ass. His thesis was unsubstantiated from the start. This is a moot discussion.

Here are the arguments for why what the judge is doing is illegal:

https://news.ycombinator.com/item?id=39966382

diego_moita does not care about an argument. I show him an argument from the retired minister of the Supreme Court and he says: “this is old news”, ignoring that the current process is the same since 2019.

My opinion: he agree with the decision knowing that it’s destroying our legal system. You have people on right and left saying this (the brave ones, unfortunately it’s just few people that have courage to criticize the Supreme Court).

That’s ok. Brazil always fail in have solid institutions since 1889. And he is ok with that.

> the requests sent to X (Twitter) have no legal basis

Wouldn’t sending a Brazilian lawyer to make this claim as X’s representative be the correct move? Not ignoring the court?

There is a massive difference between e.g. a U.S. district court issuing an illegal order and someone appealing for a stay and the same order being issued and the subject doing nothing.

No lawyer haves access to the documents because it’s a secret investigation.

> No lawyer haves access to the documents because it’s a secret investigation

Doesn’t matter. They just need enough to show it’s illegal—presumably that can be done given a lot of people are concluding it. Actually, scratch that. They just need to show up.

Both sides in this are being performatively dramatic. It makes the judge look tough on us imperial Americans. It makes Elon look tough on woke censorship. Win-win.

In India, if a social media platform does not provide a legal representative during litigation, the senior most employee physically located in India is held liable and down the chain if that employer is then terminated

The law that regulates internet on Brazil (marco civil da internet), does not require a platform to have a legal representation here.

My point is Musk does not even risk doing shenanigans like this in India, which is an interesting bias given how similar India and Brazil's democracy (and dysfunctions) are

Did India sent him an illegal order?

India's IT Rules are currently being litigated in the Supreme Court for free speech implications and appeals court (called high court) contradictions, but X complies to any and all FIRs filed by cybercrime branches in India, and hasn't litigated these regulations unlike in Brazil.

India has similar principles to the Marco Civil da Internet that conflict the the IT Rules (hence the Supreme Court case), yet X has never dared to poke that bear.

Edit: the Indian law was stayed (ie. paused) by the Courts [0] yet X still complies

India is just as messed up as Brazil, but Musk clearly doesn't mess around with the Indian judiciary compared to the Brazilian judiciary.

[0] - https://www.scobserver.in/cases/challenge-to-the-it-rules-20...

Again, did India sent an illegal order to X like the Brazilian Supreme Court? Since 2019 the STF is conducting an illegal investigation in secret. I bet that India did nothing like this.

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