Thread by @GlobalAffairs

X submitted comments to the U.S. Trade Representative (USTR) investigation into Brazil’s actions, policies, and practices that may unfairly burden US commerce and US social media platforms in particular. X’s comments highlight serious concerns regarding the need for protection of free expression and fair enforcement in Brazil, impacting US digital service providers and warranting scrutiny under Section 301. 🧵1/6

X has operated in Brazil since 2012. It is home to one of our largest user bases. But recent court rulings are undermining the 2014 Marco Civil da Internet (MCI), which protected freedom of expression, privacy, and intermediary liability. X outlined in our comments submitted to USTR that these new court decisions, which overrule significant aspects of the MCI, threaten freedom of expression as well as US digital trade. 🧵2/6

X’s comments to USTR argue that the Brazilian courts are bypassing the US-Brazil Mutual Legal Assistance Treaty (MLAT), forcing local subsidiaries to hand over data and communications—even from US users—without diplomatic channels and even if it contravenes US law. In 2023, Brazil’s Supreme Court upheld this, ignoring international norms and creating conflicts with US laws. 🧵3/6

In June 2025, Brazil’s Supreme Court (STF) ruled that Article 19 of the MCI, the country’s internet governance law, is partially unconstitutional, allowing social media platforms to be held liable for user content without judicial review. This hikes compliance costs, encourages over-censorship, and endangers freedom of expression, including for US users. We've urged USTR to examine these trade barriers. 🧵4/6

Brazil’s Superior Court of Justice has asserted global jurisdiction, ordering platforms like X to remove content worldwide, even if lawful elsewhere-such as the United States. The court framed this as a "natural consequence" of the internet, disregarding international law. This sets a dangerous precedent. X highlights this risk in our comments to USTR. 🧵5/6

Since 2020, Brazil's STF and Electoral Court—both under Justice Alexandre de Moraes—have issued secret orders for X to remove users, such as politicians, journalists, and even some US individuals. These often involve full account suspensions without notice or appeals. X's appeals were dismissed, and noncompliance resulted in nationwide bans, frozen accounts, and the seizure of $2 million from SpaceX's Starlink, despite there being no legal basis or connection. The cumulative effect has been a marked deterioration in the regulatory and judicial climate for digital services in Brazil, undermining both the rule of law and the stability necessary for cross-border trade and investment in the technology sector. 🧵6/6

Read X’s comments to the U.S. Trade Representative here: comments.ustr.gov/s/commentdetai…