O site https://www.twitterfilesbrazil.com/pt/ é uma iniciativa independente que visa compartilhar essas descobertas

Os "Twitter Files Brazil" revelam uma série de documentos que expõem a censura nas redes sociais no Brasil, destacando interações entre executivos do Twitter e autoridades brasileiras, especialmente durante períodos eleitorais. O site https://www.twitterfilesbrazil.com/pt/ é uma iniciativa independente que visa compartilhar essas descobertas, promovendo transparência e diálogo sobre as práticas de censura e suas implicações na liberdade de expressão e na democracia.Principais Revelações:

Censura e Influência Política:

O site destaca como Alexandre de Moraes, juiz da Suprema Corte, liderou uma repressão à liberdade de expressão, exigindo a remoção de usuários e postagens sem direito a recurso.
Os documentos revelam que o Tribunal Superior Eleitoral, sob o controle de Moraes, tentou minar a democracia no Brasil através de censura abrangente.



Twitter Files Brasil 2:

Foca na influência de Felipe Neto, um influenciador brasileiro, nas políticas do Twitter. Neto, que se alinhou politicamente com Lula, teve acesso privilegiado ao Twitter, influenciando decisões de moderação de conteúdo.
O chefe de políticas públicas do Twitter pediu atenção especial a Allan dos Santos, jornalista crítico ao governo, sugerindo sanções severas contra ele.



Resposta Internacional:

A seção "Desdobramentos" do site explora a evolução desses eventos e suas repercussões, incluindo a resposta dos EUA às políticas de censura no Brasil.


Esses arquivos foram divulgados por jornalistas e pesquisadores como Michael Shellenberger, David Ágape e Eli Vieira, e o site é mantido por Roberto Aragão. As revelações têm gerado debates sobre a necessidade de proteções à liberdade de expressão no Brasil, similares à Primeira Emenda dos EUA. Para mais detalhes, você pode acessar diretamente https://www.twitterfilesbrazil.com/pt/.

1. Update on the "Federal Prosecutor -TOS" subject -LATAM -Weekly Report from Feb 14, 2020
----------Forwarded message ---------
From: RafaelBatista<[email protected]>
Date: Fri, Feb 14, 2020 ~PM
Subject: LATAM -Weekly Report
To:
Cc
Hi
twitter.com>
@twitter.com>
Please find below highlights of the week (we received 13 new cases this week -including 7 congress requirements and 1 decision from the
Cupreme Court):
BR Congressional Committee on Disinformation and 'fake news: As mentioned in the last weekly report and during our last Weekly Team
Meeting, we received some requests from the Congress seeking content of messages exchanged by some users via DMs, login records -among
other info. We are working with OC in the replies pushing back against the requests because they do not meet Marco Civil legal requirements
for disclosure of user"s records. In addition, some Twitter users belonging to a group called Conservative Movement filed a writ before the
Supreme Court after they learned from the media that the Congress was trying to get their IPs and DM content. In light of this, the Supreme
Court granted an injunction suspending the requirement given its failure to fulfill legal requirements. Even though the Supreme Court has not yet
decided on the merits about the legitimacy of the Congress to obtain user data without a court order, the fact is that this decision gives us an
additional argument to challenge the requirements.
SuP-reme Court decision: We"ve received yesterday a court order from the Supreme Court to disclose user data from @Leitadas_loen,
@Lets_Dex and @_brasileirinhos. It came from an ongoing criminal investigation before the Supreme Court about fake news and threats against
Supreme Court members and their families (these accounts are also under investigation at the congress in the case above). We will try to have
access to the investigation but considering the decision talks about "user qualification data", we will respond informing that we do not collect
such data, which according to a federal decree refers to name, affiliation, address and marital status. We will also point out them to the public
data that we have available in the platform and inform that Twitter currently retain (851 + IPs logs) in accordance with local law.

2. Criminal Investigation (summary and strategy)
On Wed,. Jan 27, 2021 at 5:29 AM Rafael Batista [email protected]> wrote:
[Privi'leged and Confidential]
Hilll
I am sharing details on the criminal investi9ation and next steps. I hope it helps for the Lit Weekly
Sync next week. Thanks for taking it much appreciated and I will keep you updated after my
depositton on Friday.
Subject. matter~ Police Investigation for alleged crime of disobedience supposedly committed
on two occasions by Rafael Batista, as a legal representative of Twitter Brasil, for failure to
comply with requests of the Sao Paulo State Public Prosecutor Office. According to the Public
Prosecutor: ,(i) 'This attitude is isolated, because all the other big technology companies such
as Google, Facebook, Uber, WhatsApp and Jnstagram prov;de registration data and phone
numbers without court order'' and (ii) "Twitter claims that it does not keep registration data,
but as occurs with any other platform, the registration data that individualizes each user are
phone or email, being thus absurd the justification provided by Twitter.
Context. According to the case records, (i), the Public Prosecutor Office issued two official
letters to Twitter Brasil requesting registration data of "pqcarolzinha_" for allegedly association
with organized crimes and (ii) Twitter Brasil replied twice explaining that (a) the company has
not affirmative obligation to collect registration data -the decree regulating the Marco Civil is
very clear about the definition of registration data, which covers only: "I -physical address;
and II -personal qua[ifications, understood as full name, marital status and profession". (b)
any other data (v.g e-mail and phone number) could only be disclosed under a Court order,
pursuant to the current legislation and to legal writings and Court precedents -in addition
there is no phone number associated with the account under investigation.

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4. Criminal Investigation (summary and strategy)
On Thu, Mar 18, 2021 at 4:57 PM Rafael Batista <-> wrote:
***Privileged and Confidential***
All,
Great news! The Magistrate assigned to the writ of mandamus we filed against the Sao Paulo State Public Prosecutor Office
requisition has just granted an injunction:
i) suspending the local prosecutor odginal requisition (seeking private user information absent a court order);
ii) determining the Sao Paulo State Public Prosecutor Office to abstain from taking any (civil or criminal) actions against Twitter
and its employees;
iii) recognizing -in advance -that the requisition was iSsued to compe[ Twitter to do something against statutory provisions;
The decision covers several important points and also rebukes the prosecutor for forcing compliance through a non-existent
obligation, w:ithout darrty aboutthe purpose of the criminal 'investigation and most importantly, reinforcing that acts that seek
to identify private and constitutionally protected information requ.ire previous judicial review.
We are already working with OC to make the best use of this decision to hopefu.lly shelve the criminal investtgation initiated
aga,inst me permanently.
Please let me know if there are any questions or concerns.
Rafael Batista
Sr. LAIAlvl: Legal Counsel

5. Criminal Investigation (summary and strategy)
On Thu, Mar 18, 2021 at 2:09 PM Regina Lima [email protected]> wrote:
Adding 1111 as I have mentioned this case to him and Jim in GCStaff last week.
What Rafa forgot to mention is that the employee under threat here was him, the matter continued to escalate in a dangerous way
and hts resilience throughout the process was amazing.
We are unfortunately living. strange times in Brazil. We are seeing a concerning trend on aggressive law enforcement requests and
court orders restricting fundamental rights. Not necessarily targeted at Twitter but more as a result of the political scenario.
This is a phenomenal result that wm allow us to continue to hold firm for the protection of the privacy of our users.
Thank you Rafa, the litigation team and scale.
On Thu, Mar 18, 2021 at 6:04 PM Jim Baker <[email protected]> wrote:
Thank you Rafa. Excellent news. Much appreciated.
Jim

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7. Criminal Investigation {summary and strategy)
From: [email protected]>
Subject: Re: Criminal Investigation (summary and strategy)
Date: April 5, 2021 at 5:36:10 PM PDT
To:
<jb twitter.com>,
Cc @twitter.com>,LitigationTeam
Content & Law Enforcement (SCALE-LEGAL)" <~twitter.com>
PRIVILEGED AND CONFIDENTIAL
First of all, thank you so much
twitt,er.com>, Jim Baker
@twitter.com>
@twitter.com>,Regina Lima .... @twitter.com>,"Safety,
for taking the time out to join the sync today with OC on this matter and thanks
@Rfiljina Lima for all your support. I am happy to share that we had great and relieving news just a few minutes a her our meeting.
The criminal court preliminary dismissed the charges against me mainly because it was not possible to identify any element of crime in my conduct. While we
should exP.ect an aP.P.eal -prosecution appears unlikely to change his mind on next steps -the decision touches several important aspects:
•
•
material aspect: it arises from the technical impossibility to comply with the requisitions. Twitter in both answers reported that its controllers do not collect
'registration data' of its users -under the definition of Brazilian laws;
legal aspect: this one arising from Marco Civil provisions where it clearly states that access to protected information such email -personal data -could only
be done through specific judicial review.
It closes with a statement refusing PP's central argument that some of our peers/competitors currently provide email and phone# associated with specific
accounts absent a court order. According to the court it does not necessarily imply an obligation to be imposed against Twitter when it is strictly observing local
statutory provisions.
I will update this group with any additional information!
Thank you all again!

8. LATAM Report (Week of May 31, 2021)
Other Relevant Issues from BR (SCALE);
• Constitutional Investigation COVID-19 -We have just learned that Google delivered to the Brazilian Senate at least 200
gigs of videos that had been deleted from You Tube by people connected to the federal government As you may have heard
about it, there is an ongoing constitutional investigation before the Brazilian S,enate which, in general terms, seeks to identify
the actions and omissions of the Federal Government in confronting the Covid-19 Pandemic in the country, including
investigation on people who potentially encouraged the use of ineffective drugs against the virus. I was able to access the
congressional request but we could not get access to Google's response because it is under seal. However, it is a very
concerning precedent even if they've delivered via Google LLC -it was apparently delivered with no indication to MLAT and
media coverage is talking about Google Brazil. Also, this contradicts and weakens our stance towards privacy since we have
always pushed back against requests from congress·ional commissions, even when involving only basic subscribe info and
IPs.
Thanks,
Rafael Batista
Sr LATAM Legal Counsel

9. LATAM Report {Week of May 31, 2021)
• Gleise Hoffman x Twitter -As mentioned during the last LATAM Report, Twitter was served with a new civil litigation matter
that was filed by a Congresswoman given what she called 'attacks against her honor'. She was seeking account private data
and removal of some Tweets. Considering the content was already down and that we pushed back against the court crder to
identify all involved users based on procedural aspects, the plaintiff opted to withdraw the suit against us.
• Criminal Court in Sao Paulo -Twitter was served with a court order arising from a criminal investigation on fraud against
financial institutions aiming to unmask several Twitter accounts. After reviewing the Tweets, we noticed that most cf them
are related to criticism/alleged offenses against Ferna1do Capez, a Brazilian professor and politician, former congressman
and currently special secretary in the Sao Paulo Consumer Protection Agency. He is indeed part of criminal investigations
and also a defendant in criminal proceedings -recently a federal court seized millions of reais from his bank account and the
Tweets are related to these facts. We will therefore push back against this court order but we would like to highlight that this
criminal court specifically is very aggressive and there-'ore we will keep monitoring it very closely and study the need to file a
writ of mandamus.
Other Relevant Issues from BR (SCALE);
• Constitutional Investigation COVI0-19 -We have _ust learned that Google delivered to the Brazilian Senate at least 200
gigs of videos that had been deleted from You Tube by people connected to the federal government. As you may have heard
about it, there is an ongoing constitutional investigation before the Brazilian Senate which, in general terms, seeks to dentify
the actions and omissions of the Federal Government in confronting the Covid-19 Pandemic in the country, including
investigation on people who potentially encouraged the use of ineffective drugs against the virus. I was able to access the
congressional request but we could not get access to Google's response because it is under seal. However, it is a very
concerning precedent even if they've delivered via Google LLC -it was apparently delivered with no indication to MLAT and
media coverage is talking about Google Brazil. Also, this contradicts and weakens our stance towards privacy since we have
always pushed back against re-quests from congressic0nal commissions, even when involving only basic subscribe info and
IPs.
Thanks,
Rafael Batista
Sr. LATAlvl Legal Counsel

10. From: RafaelBatista.,[email protected]>
Subject: LATAM Report (Week of June 07, 2021)
Date: June 11, 2021 at 8:32:26AM PDT
To: LitigationTeam @twitter.com>, @twitter.com>
Cc: Regina Lima <---®twitter.com>, Diego De Lima Gualda <~twitter.com>
Brazil (Litigation)
• Global Removal discussion (- x Twitter) • Great news -again -arising from this global removal discussion.
The court of appeals in Sao Pa~oth the extraordinary (directed at the Supreme Court) and the Special appeals
(directed at the Superior Court of Justice -highest Brazilian Court for non-constitutional matters) filed by the plairtiff and
therefore upheld the previous judgment contrary to the global takedown order issued by the lower court. This was a great
decision and such a good result for us. Hopefully as we continue to build precedent on our side, more groups of judges will
come around to this position.
• Criminal Contempt threat (Electoral Matter) -Twitter was served notice of a criminal investigation for allegecly non­
compliance with an electoral court order from the last municipal brazilian elections. LE authorities are seeking the name and
address of the person responsible for conducting the case internally at Twitter, since legally they can not follcw with
contempt measures against the company. We won't deliver any name at this stage, because even though there was indeed
a delay, we did fully comply with both the RR and IR requests (BSI). However, before complying we appealed to the court of
appeals given some legal requirements that were missing, and the appeal was in fact fully granted. Therefore, we don't
believe there is any reason for a criminal contempt investigation. We are already working with a criminal attorney in a
preliminary answer for the immediate dismissal of the investigation.

11. LATAM Report (Week of June 14, 2021)
From: Rafael Batista <~twitter.com>
Subject: LATAM Report (Week of June 14. 2021)
Date: June 18, 2021 at 8:39:06AM PDT
To:[email protected]>, @twitter.com>
Cc: ReginaLima<[email protected]>, Diego De LimaGualda<[email protected]>
Brazil (LE)
• IR (CSE) -Twitter was served with a new court order to provide user data and content related to the @newrolas, which
was preserved and suspended for CSE violations. Considering the content involved, we recommended LP to deliver the
cybertip number of the report to NCMEC along with existing IP logs and will route LE to the Brazilian embassy for more
information regarding their request for content.
• BR Attorney's Office investigation -Twitter was served last year with a 'complaint notice', which now was
turned into a civil investigation against us. It was filed before the BR Attorney's Office and the victim
essentially requires us to initiate a Conduct Adjustment Agreement suggesting measures to inhibit hate
speech on Twitter -complaint notices usually precedes civil or criminal investigations and may even lead to
class action suit, but in this case the decision made was for a civil investigation more context, where we will
be heard about policies and practices to avoid hate speech. Even though the complaint is legitimate, the
requests are unreasonable and we do not have any affirmative obligation to implement them. However, we
still think it's very sensitive from a reputational standpoint depending on how this issue is addressed
externally, so we are working really close with Comms and PP on this. In addition, as you know, we are not in
the best regulatory moment and have some delicate ongoing investigations that could be affected by it.
Context The complaint was brought by Ojamila Ribeiro, a Brazilian philosopher and journalist after racist
offenses/hate crimes directed to her (no specific content has been provided though). Among several
requests, she is seeking i) monitoring measures of all trending topics to avoid offensive content especially
against black woman; ii) disclosure of user information without court orders in racially motivated crimes; iii)
message triggers in a regular basis informing people about ethical and legal parameters of responsibility for
what is published on social networks; iv) standard messages/texts about such ethical and legal parameters to
new users; v) payment of collective moral damages. We have already presented a formal response and
attended a hearing with the public attorney co111ducting this case. We will continue to monitor it very closely
and advise on next steps soon.

12. LATAM Report (Week of June 14, 2021)
Other relevant issues in BR
• Allan dos Santos (problematic account/ previous violations) -We are discussing with T&S more, specificaly with
Yael, possible actions on some accounts engaged iri repeated violations (or near-violations) of our rules and operating in
bad faith. All accounts belonging to Allan do Santos are extreme right, akin to Alex Jones, but Twitter Service did not
correctly count the strikes on one of his accounts back in May and therefore it is still active -as of now, he has 4 COVID
strikes and 2 Safety strikes, and that is disregarding the fact that his previous account, that was CWC'ed last August
globally following a Brazil Supreme Court decision, already had other strikes. The problem here is: given the user's history
of litigating to keep their accounts active, e.g. with YouTube recently where the court granted an injunction comoelling
Google to reactivate his YT channel, we worry that the inherent messiness of the internal reviews could rrake it
challenging to explain the basis of a suspension action. Therefore we've agreed to let the strike system play out, and have
us take action when it is clear and unambiguous Lpon their next violation of our rules, which is just a matter cf time
considering his list of violations and recent Tweets on COVID issues/misinfo. However, when it happens and it seems to
be just a matter of time, it is a must for us to substantiate any suspension decision with clear evidence of policy viclation.
In that sense, it will be important to align in advance how much information (including public tweets) we would be able to
provide in court if required to sustain any suspension decision. As you know we do have concerns in Brazil when it comes
to litigation challenging account suspensions given tre consumer-friendly focus of local courts, which precedently puts on
the companies the burden to file in court copies of the infringing content.
Argentina (LE)
• Argentina Elections: We are working with local OC on a legal assessment regarding the upcoming legislative elections
in Argentina and will align with PP and LP what we should expect from their National Electoral Agency.
Rafael Batista
Sr. LATAM legal Counsel

13. lATAM Report (Week of June 28, 2021)
• IR related to @CarlosBolsonaro (pres.ident's s.on) -We received an official letter from the federal police supported by
a court order seeking registration data from @CarlosBolsonaro. Therefore, we are working on a reply where we will push
back as follow CT) Twitter does not collect registration data -which under BR definition refers to personal data such as
professional qualification, address and full name; (ii) it is not possible to provide data relating to a specific tweet -no lP
available; (iii) even if it were possible, the le9al retention period of logs in BR are 6 months and it has already been
exceeded -Tweets are from 2018; and (iv) the profile @CarlosBolsonaro is a verified account.
Brazil (Utigation)
• x Twitter (foreign IPs) -We have reached a final judgement where Twitter
was demanded to provide IP logs from a specific account given serious threats/offenses against the plaintiff. All Tweets
were suspended for TOS violation but LP was unable to find any identifiers that pointed to this account being located in
Brazil_ We therefore appealed against the lower court's decision based on prodecural and jurisdiction aspects. The plaintiff
has initiated a provisional enforcement seeking accrued fines -the amount is not hrgh -but the judge can still raise the
amount if we don't deliver the data -to avoid it, we .are working to speed up the judgment before the court of appeals -we
will present oral. arguments when it comes the time.
Sincerely,
Rafael B3tista
Sr. LAI)\.M Legal Counsel

14. Electoral Court Order -BR Superior Court of Justice
Em qua., 18 de ago. de 2021 as 18:46, Rafael Batista [email protected]> escreveu:
I *Privileged and Confidential*
I Hi (fyl).
As we have anticipated, we are expecting a very challenging electoral period in Brazil next year (there is a full assessment here), with intense
debate around some specific topics, including civic integrity. As an initial result of this debate, Twitter Brazil and some other peer companies
were served today with a court order from the Superior Electoral Court of Justi.ce to take action on several accounts:
@ravoxbras ii, @Vlo,gdolisboa2, @tercalivre, @allanl.dsantos, @AlanlopesRfo, @taoquei1, @oswaldojor, @JornalDaCidadeO, @FolhaPol[tica,
@BoniCoverRei, @camila_abdo, @EmersonTeix, @albertosilva_BR, @drfrazaooficial and @nas_ruas (All of them are already aware of the
decision -even though the investigation is under seal, the court order has leaked to the press and reverberated a lot).
These accounts are heavy supporters of President Botsonaro and have been constantly engaging in coordinated attacks against members of
the Supreme Court and more recently also against members of the Superior Efectoral Court, with focus on discrediting the National Etectoral
System. Given that scenario, an investigation procedure was requested by LE (Federal Police) and opened by the Superior Electoral Court to
investigate the acts of those agents against not only the Judiciary, but also to investigate the spreading of misinformation about the electoral
system. The court order was issued in the context of this investigation.
The court order is focused on the demonetization of these accounts -from different platforms, i.e. the main court request is to platforms to
suspend any kind of monetization and money transfer to those users (funds shall be deposited in a bank account indicated by the court). Even
thou,gh this obli,gation initially does not touch us, the court also determined Twitter, YouTube, Twitch TV, rnstagram and Facebook to: i) refrain
from algorithmically .suggestingJ~rnfiles and videos of ROlitical content discrediting the electoral SY.Stem (l~itimacy of elections) in association
with those users/accounts and also ii} identifY. the origin of SRecific content (we have not been served with any2pecific Tweet URLst

15. Electoral Court Order -BR Superio,r Court of Justice
On Wed, Aug 18, 2021 at 5:25 PM Diego De Uma Gualda <
All,
Just an update.
twitter.com> wrote:
Our request to postpone the on-site meeting w.ith the Superior Electoral Court was denied and the meeting will take place
tomorrow at 11 :30 BR time.
There is a strong polttical component with this investigati:m and the court is trying to put pressure for compliance. fn the decision
denying the postponement the court has clarified Twitter is not expected to provide any information. In fact the purpose of the
meeting is for the court to provide additional instructions for the companies to comply with the order.
The plan is to send OC to the meeting with the sole purpose of listening and informing that the order is currently under review and
that Twitter will prov:ide all required attention and diligence to address the request.
Let us know if you have any further questions.
Thanks.
Diego.

16. LATAM Report (Week of August 16, 2021)
From: Rafael Batista ~twitter.com>
Subject: LATAM Report (Week of August 16, 2021)
Date: August 20, 2021 at 8:56:02AM PDT
To: Litigation Team <■■■■ [email protected]>,"Safety, Content & Law Enforcement (SCALE-LEGAL)"<
Cc: ReginaLima<•• ■@twitter.com>, Diego De Lima Gualda < @twitter.com>
Hi Team,
Please find below the highlights of the week:
Brazil (LE)
@twitter.com>
• Superior Electoral Court -We attended a meeting through OC yesterday to understand the scope of this investigation
towards Twitter and it seems like the court wants to identify account handles that would have specifically added certain
types of trending hashtags and also somehow reduce engagement of specific content on the platform (ie. refrain specific
accounts from being suggested to others. I will attend an additional off-site meeting next week in Brasilia with the court
justice and local authorities to discuss technical feasibility and will get back to you with additional info and full legal strategy.
As we reported, the BR Superior Electoral Court has opened an investigation on attacks being performed by a group of
individuals against the electoral court system and the electoral/voting system through the publication and spreading of
misinformation content. According to the decision, the coordinated actions of those agents could involve several criminal
conducts, including abuse of political and economic power, undue use of communication means to influence elections,
corruption, fraud, among others. President Bolsonaro himself and several of his supporters are being investigated in this
procedure (15 Twitter account handles have been provided so far). The law enforcement authority conducting the
investigation (Federal Police) has requested a precautionary measure to the court for platforms to stop the creators
monetization of such content by allowing these users to continue to receive money in connection to it and the electoral
superior court has partially granted it but the decision is not yet permanent, as the the court justice wants to hear from us
first before making it permanent.

17. LATAM Report (Week of October 25, 2021)
• Superior Electoral Court Investigation -Twitter has been served with an additional court order compelling us to
trackdown and unmask users who used specific hashtags. However, as we had already stated during the court hearings we
attended with LE and the Court Justice, we are going to push back against this court order mainly because of the following:
(i) decision does not minimally cover Marco Civil requirements (ii) no evidence of illegality in the use of hashtags, which may
characterize monitoring and fishing expedition (iii) mass and indiscriminate disclosure of private user data, which
characterizes a violation of privacy and other constitutional rights, as recognized by the Superior Court of Justice.
Brazil (Litigation)
• Gerson Florindo de Souza (Major of Ubatuba, State of Sao Paulo) x Twitter Brazil -Great news arising from this
litigation matter filed by a local politician against Twitter, and Alexandre Frota, a Brazilian Congressman. The court has fully
granted our arguments and dismissed the claim against Twitter. In addition, the court stated that 'Twitter arguments is
accurate as there is no reason for these records to proceed under seal, specially when we are so close to a new electoral
year, when the issue of misinformation issue will be widely present and should be combated by all, voters, authorities,
candidates, where transparency should ahvays prevail'.
• -x Twitter Brazil -This week the plaintiff filed in court seeking the imposition of huge fines against us for bad
~and the issuance of an official letter to the Public Prosecutor's Office to investigate potential contempt by Twitter
given our failure to reinstate her accounts. The accounts were suspended by Platform Manipulation, SPAM policy and
behavior of multiple accounts violation (including for violating the Illegal or certain regulated goods or services policy -sexual
services). The court was reasonable and refused criminal penalties at this stage, but applied a 1.000 BRL daily fine until we
reinstated the accounts. We are working with LP on an affidavit and will appeal this decision. We will also schedule a court
hearing, where we strongly recommend presenting a copy of the infringing Tweets that LP was able to retrieve.
Brazil (Additional information -Electoral)
• The Superior Electoral Court (TSE) decided on Thursday (28) to remove from office the congressman Fernando Francischini
before the normal expiration of his constitutional terms for spreading false information about the electronic ballot box and the
voting system during the 2018 elections. TSE considered that the conduct of spreading disinformation can represent misuse
of the media and abuse of political power, and this was the first decision of its kind, which sets a precedent for the next
electoral period.
Rafael Batista

18. LATAM Report (Week of November 22, 2021)
• Clovis de Barros Filho x Twitter Brazil: Unfortunate news • a decision on the merits has just been issued by the court of
appeals compelling us to globallY. remove specific URLs related to the plaintiff, under the superficial argument that it can still
be accessed by Brazilian users through IP circumvention means. This lawsuit was started by a famous professor who
claims that users would have taken out of context one of his recorded lessons and replicated excerpts implying he is a
pedophile. The discussion is essentially about jurisdiction and Marco Civil requirements for content removal. We have just
filed a motion for clarification and if not successful, we are planning to take it both to the Superior Court (highest BR court for
non-constitutional matters) and to the Supreme Court. The court has also demanded us to remove several URLs without
specific review, which includes content we understand far from being illegal (i.e: this informative Tweet from an important
magazine/verified account displaying an interview the plaintiff himself gave a few years ago). We would also like to highlight
that we are facing a high daily fine (BRL 1.3M) and may not be able to stay accruing until we get a final decision on the merits
of our appeal before the Superior Court. @Karen, we will reach out to you separately on this with a risk assessment and a full
legal strategy. Google and FB are also involved and we will reach out to understand their strategy.
• x Twitter Brazil: We are working on an appeal pushing back against an injunction that
gran e a a provIsIon ogs o unmask 62 accounts that retweeted an original ilegal content. We will also highlight
jurisdictional aspects since 8 accounts are not even located in Brazil (IPs beyond Brazil).
• Civil Class Actions • Minors: Twitter has been served with a new civil class action, from the same public prosecutor from
Bahia, now involving Twitter accounts belonging to famous alcoholic beverage brands that would be organically disclosing
content forbidden to minors. We are still reviewing this matter and will get back to you with a full assessment soon.
Rafael Batista

19. En: Fwd: Elect.ora~I Court Order -BR Superior Court of Justice
On Mon, Mar 2.1, 2022 at 4:35 PM Diego De Lima Gualda
@twitter.com> wrote:
Team,
Hope you are well.
This is to provide you with a report about the meeting at the Supedor Electornl
Court today.
F1rst of all, the meeting was not only with the judge. He invited the federal police
and the Superior Electoral Court technical members that are leading the
investigation.
The overa[l tone ofthe meeting was positive and we had the opportunity to
explacn the technical limitations to comply with the request as provided [n the
court order.
We have emphasized that wfth respect to search for information/content based
an hashtags there is no "technical advantage'' for Twitter, since the information is
not structured to be produced in this way. They understood that we cannot
assert who is the first user of a hashtag; that we are unable to provide IP
information from specific Tweets; that there are no detailed reports on the use of
hashtag during the time {statistics showing progression every 15 min), and that,
generally speaking, our ahilities to produce relevant and usefol informatio11
depend on providing handles/specific URLs.
That being sa[d, as expected, the court has emphasized that these are
P.Xc.P.ptiomil r.irr.11mst,rnr.P.s, that thP. court is tryin!J to antic.ipntP. rmtP.nti,il illP.r]al
activities th.it can jeopardize the upcoming elections from happen:ing, and that
all companies need to contdbute by apply,ing their best efforts to support law
enforcement on this procedure. In other words, we should expect them to refine
the requests, to invite us to discuss alternatives, negotiate how to comply,
including timelines, but ultimately they want Twitter to produce rnformation that
is relevant for the investigation.
As our objective was to prevent immediate application of fines and to
"negotrate" compliance, considedng the existent limitations, the meeting as said
was successfu I.

20. En: Fwd: Electoral Court Order -BR Superior Court of Justice
I Deadline: the Federal Police is expecting a response as soon as possible and it has clarified that the Superior
Electoral Court rs asking whether Twitter has already complied with the order. In that sense. it would be very:
important to confirm by Monday: a,nd. to the extent that the informati•on will be provided. to comply: with
the requests at the beginning of the next week.
From a local perspective, my account is that we should try to comply with the requests outlined above (provided
that technically it is feasible) as it is a much better scenario than the original. one. From the conversation with the
officers in charge of the investigation, we could note that the Fed era! Police is under a lot of pressure from the
Superior Electoral Court to provide tangibl,e results for this investigation (remembering that .in this procedure the
Federal Police is supporting an investigation that is conducted by the Superior Electoral Court itself). In that sense, it
seems that further escalation of this issue to the court may resu'lt in a less "flexible" environment for Twitter to
negotiate compliance.
Let me know if you have any further questions.
Thanks.
Diego.

21. En: Fwd: Electoral Court Order -BR Superior Court of Justice
On Wed, Mar 30, 2022 at 1 :03 PM Diego De Lima Gualda
[email protected]> wrote:
I Privileged and Confidential.
Hi Team,
This is to provide you with an update about this case -we have updated
the memo with this new information.
After our meeting at the Superior Electoral Court, we received the new court order
(attached) on 3/29/2022, by which the court determined Twitter to, in 7 days and under daily
fine of BRL 50,000.00:
(i) provide information about the statistics on the monthly progression of the hashtags
#VotolmpressoNAO; #VotoDemocraticoAuditavel and #Barrosonacadeia n 2021. However, the
Court, in this same item, provided a list of several accounts, most of whicri are already object of
the Fake News investigation carried out by the Federal Supreme Court, including the account of
Brazilian President Jair Bolsonaro;
{ii) provide, on a text spreadsheet or in CSV format, subscription data and IPs of the users that
used the hashtag #VotoDemocrnticoAuditavel in the period of 24 hours from 7/27/2021, at
6:22am (this is based on the advanced search results presented in the previous response);
(iii) provide information about the stab.sties on the progression of the hashtag
#VotoDemocraticoAuditavel over time {each hour) in the period of 7/2712021 and 7/31/2021; and
(iv) provide all subscription data of the user @cassiagontijo and last IP log of access right
before their tweet on 7/27/2021 (this is the "first user" identified through advanced search using
the hashtag #VotoDemocraticoAuditavel).
The Court has confirmed that user data and hashtag data from before 2021 are not necessary
to be provided and it has revoked the previous decision to provide user data with respect to the
"first users" of #barrosonacadeia and #VotolmpressoNao.

22. En: fwd: LATAM Weekly Report (Week of October 31, 20.22)
On Fri, Nov 4 2022 at 9:24 AM @twitter.com>wrote:
Hi team,
Please find below the hrghlights of the week:
Brazil (LE.)
•
•
•
Offi.cial Letter sent by the Supreme Federal Court -@andrevaladao -We received a court order issued by Justice Alexandre de
Moraes involving the account @andrevaladao, which belongs to a famous Brazilian pastor, supporter of President Jair Bolsonaro. In the
recent weeks, pastor Andre Valadao was sharing fake news, including a declaration that the Superior Electoral Court would have ordered
him to share a retraction text., but that is false. The Supreme Court ordered us to remove the account, disclose all subscription data
available and preserve content in 2 hours, under hourly fine of BRL 1 00k. Even though the court order we received does not mention the
exact reason why they are targeting the account, we CWC'ed the account and disclosed data, as we did in response to other court
orders issued by the Supreme Court in the same context, and filed an appeal against the order, pointing out that we do not have access
to the substantiation of the decision and that the removal of the entire account is disproportional.
Official Letters sent by the National Council of Justice -Similar to the cases we recei"Ved last week, the National Council of Justice
{CNJ) sent us other official letters, by which they ordered the suspension of the accounts @montanagna and @werson_rego which
belong to two Judges, under daily fine of BRL 20k. According to CNJ, the Judges used their accounts in several platforms to post political
content and support a presidential cand[date, which is not allowed by Brazilian law in relation to Judges. As we do with Supreme Court
cases, we complied with both determinations and pushed back to point out that (i) the removal of the entire accounts is disproportional
and they should determine the removal of specific tweets; (ii) the owners of the accounts are able to remove the contentlhis account
themselves; (iii) the suspension should not last forever and should be limited to, at least, the end of the disciplinary procedure against the
Judge and; (iv) in the @montanagna case, there were no tweets in the account, so the content was, apparentry, only shared in other
platforms .
Notification Letter about the Report Feature sent by the Federal Public Ministry in Sao Paulo -Back in July, the Federal Public
Ministry sent us a letter, by which the authority requested information about the report feature and asked us to clarify why anyone could
use a third-party's handle or email to submit a report. We filed an answer clarifying how the report feature works and explaining that there
is no violation of user's rights. On Oct 14 Brazil Legaf received a new fetter about our reporting tool and the potential of misuse that has
been a matter of public attention in the country and elsewhere. We are still discussing possible adjustments on the feature with internal
teams, so we have filed an answer repeating our main arguments and telling the authority that we are working on changes.

23. En: Fwd: LATAM Weekly Report (Week of October 31, 20.22)
•
•
•
Superior Electoral Court -Official letter ordering the suspension of [email protected] received a court order from the
Superior Electoral Court ordering the ewe of this entire account because Mrs. Zambelli, an elected official, has been spreading
misinformation about the electoral process and encouraging disorder and insurrection. In the country, as you may have heard, there are
truck drivers blocking roads and highways in several spots around the country. The incumbent President has not expressly conceded his
defeat, so the Court seems to be worried about minimizing the disorder in Brazil. We provided the ewe of the account, but, since per the
new Resolution from TSE the blocking of accounts is allowed temporarily, we filed an answer informing the ewe and asking the court
which is the perrod so we can unCWC the account.
Superior Electoral Court -Official letter ordering the suspension of account @zambellicarla2 -We received a rnurt order from
the Superior Electoral Court ordering the ewe of this entire account because the Court thinks that it is associated with Mrs. Zambelli,
who had her account suspended by the Court (case above), and she tried to evade the suspension. Since we had to comply within 1
hour, under hourly fine of BRL 150k, we provided the ewe of the account, but pointed out that the account was created back in
September 2022, and only changed its username to @zambellicarla2 on Nov 2; 2022. We decided to give the Court this information
because it is possible that the account @zambellicarla2 belongs to another user, non-related to Garia Zambelli, and only changed its
usemame to impersonate her after her account was susperided (this is a public fact and was broadcasted by Brazilian press). We also
received a similar official letter targeting the account @zambe1Jicarla22, and provided the CWC and disclosure of data .
Superior Electoral Court -Official letter ordering the suspension of a.cco,unt @marcelovanhatten -We received a court order
from the Superior Electoral Court ordering the CWC of specific content (but not indicated by URLs) posted by this verified account within
one hour, under hourly fine of BRL 150k, because the user reportedly used his profile in social media platforms to post fake news and
encourage the rejection of the electoral system and the election resuft. We presented an answer pointing out that {i) no URLs were
indicated, so we are not able to comply with the court orderr; (ii) the court itself indicated that the content was not shared by the user on
Twitter; (iii) if there is any content to be removed, the user himself can adopt measures to do so, since the account is verified and the
court knows his identity; (iv) there is no reason for this lawsuit to be under court secrecy and; (v) the 1 hour deadline under the new
resolution no longer applies, since we received the case 4 days after the Election, and the resolution provides that the court could request
measures in 1 h only within the 3 days after the Election. We are waiting for the court to respond to our push back.

24. En: IFwd:. Electoral Court Order -BR Superior Court o•f Justioe
We received a new court order in the scope of this investigation. Short recap: this is an inquiry with the aim to identify individuals/groups behind a
potential ooordination of efforts to attack the institutions and the electoral system across different platforms. President Bolsonarn himself is investigated in
this process, there is great public attention to this case as well as a legitimate ooncem with the integrity of the democratic system. We have received
several unusual requests coming from this inquiry, the most recent relevant one compefling us to provide an undetermined amount of user data based on
hashtag: mentions. The hashtags concern a mobilization around the elections -roughly translated as #PrintedVoteNO; #DemocraticAuditableVote and
#BarrosolnJail -Barroso is the former TSE President We were able to narrow down the request, with the Federal Police specifying what they wanted
after a meeting.
Now, the Superior Electoral Court ordered Twitter to disclose, in 5 days, data related to users that posted tweets with the #BarrosoNaCad'eia, between
00h00 and 15h59 (B RT) on August 3, 2021 ; #VotoDemocraticoAuditavel, between 14h and 19h 59 on August 3, 2021 ; and #VotoDemocraticoAuditavel,
between 22h00 and 22h59 on August 10, 2021 .. The data requested is: all subscription data, the last lP log of access right before the user posled the
tweet(s) with such hashtag(s) -which is not available,. and the specific tweet with applicable hashtag.
In the past, Site Integrity provided us with the hashtag...@J:)Ort, the initial P-UII of data and content and the table with the results of such pull, which based
our conversation with the police authority_
We already have the tweets posted with the hashtags #VotoDemocratiooAuditavel on such dates and will request LP to produoe the data accordingly, but,
considering the amount of tweets posted with the hashtag #BarrosoNaCadeia on August 3, 2021 (40,800, as provided in tab 1-B of the results document),
Site Integrity did not provide us with copies of such tweets at the time_
However, considering this new court order, we need this content in order to comply with the disdosure order and check which users are subject of the
data disdosure determination. According to the report we amently have, ttilere were 182 tweets in the period of interest
We need the content, user handles and respective BSI data asap, but please let us know how much time you estimate the team would be able to
complete this pull, and also if there are any concerns or difficulties regarding this request. Our formal deadline to respond is 5 days (next Monday), but
since we have a good relationship with them, we could ask for an extension.
We would just like to highlight that this case is high priority and sensitive, as you know, and while we understand that it may take a toll on the team, we
a[so know how important rt is to comply or, at least, have grounds to challenge the determination. Here is the background document on this entire
investigation -updated with this new development.