The Federal Supreme Court (STF) decided that Brazilian authorities can directly request confidential user data stored in providers outside the country, without the need to consult local governments. In practice, the measure accelerates the sharing of this information to fuel investigations. This measure, for example, was already being used in inquiries that investigate anti-democratic acts. The Court’s decision was unanimous.
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The action analyzed by the Court was filed by the Federation of Associations of Information Technology Companies (Assespro Nacional) and questioned whether judicial access to internet user data by providers headquartered abroad should necessarily follow the procedure of the agreement entered between the Brazil and the United States — or whether it can be done directly in the case of investigations and police incidents. In the request, the federation discussed whether this type of information should be required under the Agreement on Legal Assistance in Criminal Matters (MLAT), signed between Brazil and the United States. Promulgated by Federal Decree 3,810/2001, the agreement deals with obtaining private communication content under the control of internet application providers headquartered outside the country. The Court’s decision was that both requests made via MLAT and directly to companies are valid.
Accountability
Alexandre de Moraes, who is the rapporteur for the investigations that determine responsibilities in the 8 January case, drew attention to the responsibility of platforms that broadcast false content. The minister also spoke about what he calls the “disinformation industry” and made an allusion to the case of deputy Bia Kicis (PL-DF), who spread, in a speech in the plenary of the Chamber of Deputies, a rumor about the death of an elderly woman arrested at Army HQ after 8 January.
Army extends investigation
The Army extended by 20 days the deadline for the conclusion of the Military Police Inquiry (IPM) that investigates members of the Presidential Guard Battalion (BGP) performance in the coup attacks of 8 January. The investigation was opened on 12 January by the Planalto Military Command (CMP) and aims to find out whether there was omission, errors, or convenience of the troops inside the Planalto Palace.
Our Analysis:
This measure aims to speed up data sharing, especially by social platforms, during investigations and was already being used in inquiries into the invasion of Three Powers Square. According to Minister Alexandre de Moraes, the attacks that took place on 8 January were carried out by “people possessed by misinformation”, in a clear criticism of fake news spread on social media platforms. The minister also stated that social networks “ended up, by default, collaborating with the acts”. That way, it would not matter where the information is coming from, but where it is happening. An example would be Telegram, which is from Dubai, but the dissemination of hate and fascist speeches takes place in Brazil, using Brazilian antennas, trying to affect Brazil. Acts practiced in Brazil, liability in Brazil, Brazilian jurisdiction.
