Gesilea Teles attended the meeting on behalf of Anatel director Carlos Manuel Baigorri, who is on holiday. 

According to the superintendent, the activities to block irregular betting sites currently follow the framework established by the Ministry of Finance. There is an established communication procedure between the bodies, a system formalised through a cooperation agreement, where the Secretariat of Prizes and Gambling (SPA) is responsible for submitting the list of sites for providers to block.

Since October 2024, Anatel has blocked more than 8,560 illegal gambling sites. 

How does this blocking to illegal gambling sites work? 

The Ministry of Finance sends us a list of websites to be blocked. Anatel, in possession of this list, notifies the providers that give access to the internet. 

Who are the providers? 

They are the mobile internet providers, which we know as mobile phones, and the fixed internet providers. 

How many providers are we talking about? 

There are more than 21,000 providers. 

Gesilea Teles clarified that it is not Anatel's responsibility to block the site; the agency merely informs the provider of the ministry's decision to stop operating the page. “All this procedure that Anatel adopts, we cannot have any influence over the operators' network. What we are doing is simply communicating a decision that does not concern us.”

Weaknesses 

However, the superintendent warned that some actions could weaken Anatel's actions. Such as the use by users of virtual private networks, known as VPNs, to ‘mask’ their location, circumventing the blocking system.

- The VPN makes an encrypted connection between the user and the VPN server, so that it is not known where the user is. So if that user connects to a VPN abroad, for example, the communications providers here don't know that he is in Brazil. And he is physically in Brazil, but virtually he is not. It's a way to circumvent a blocking order.

Another factor complicating Anatel's action, according to Gesilea Teles, is the rapid change of names of illegal websites and the fact that the agency is part of a closed list sent by the Ministry of Finance, with no possibility of extending the blocking to a changed website name belonging to the same group. Anatel only has this authorisation when the Ministry of Finance sends a new list with this new information.

- Illegal sites themselves can change their names. So, today what is ABC Bet, tomorrow changes to ABCD Bet. They change one letter on their website and Anatel works with a closed list sent to us by the Ministry of Finance.

For the rapporteur of the CPI, Senator Soraya Thronicke (Podemos-MS), it is as if Anatel was cleaning ice. 

- The VPN is not illegal, but they manage to change just one point, one letter, and continue with the same platform, continuing with another name. I often say that we are trying to change the tyre while the car is running and we are way behind. Because they are already light years ahead of us.  

In response to Senator Izalci Lucas (PL-DF), Gesilea Teles said Anatel is looking into the possibility of partnering with VPN providers or technology companies to develop solutions to make the agency's work more efficient in this notification process.

Jurisdiction 

Anatel's jurisdiction is limited to notifying telecommunications providers and cannot, for example, legally reach players in the digital ecosystem, such as social networks or online gambling platforms themselves.

The superintendent explained that Anatel has no influence over providers of public domain translation services, known as DNS, nor over providers of content distribution networks, or CDNs, such as Google and Cloudflare.

In this regard, he advocated for changes to the Marco Civil da Internet (Law 12.965 of 2014) to give Anatel powers to supervise, regulate and apply sanctions to companies responsible for enabling connectivity services.  

- Precisely to expand Anatel's powers. We have to be able to get to the DNS, we have to be able to get to the CDNs so that we can have stronger action and supervisory powers over what is happening in the gambling world. As the law stands, we do not have this competence.  

Anatel is only responsible for communicating court orders to block sites, of which, according to Anatel, there have been 139 so far, and administrative orders from the Ministry of Finance, which total 8,560.

- It is important that the Marco Civil da Internet be modernised so that both the provider of the internet connection and those responsible for other connectivity-enabling services and internet application providers can be held civilly and administratively liable if they disobey court orders and, more importantly, administrative orders.

Soraya has said that she has already received the draft bill, but is considering negotiating with the executive so that the change can be made by way of a precautionary measure.

- He [Carlos Manuel Baigorri] has delivered this draft bill, but we have also discussed, in view of the urgency and relevance, which are the requirements for a Provisional Measure, we are waiting for an agenda with Minister Fernando Haddad so that he can decide whether to make a provisional measure (...), it would be a quicker way. Because a project really takes a long time. 

Senator Izalci Lucas (PL-DF) mentioned the possible resistance of large platforms, such as Google and Meta, to an eventual civil liability for non-compliance with an administrative order and questioned how Anatel intends to deal with this issue if the Marco Civil is modified by bill or provisional measure.

- When we think about changing the Legal Framework, and then we create a legal framework so that Anatel can operate, I think that the platforms operating in Brazil have to adjust, they have to accept the Brazilian legal framework and they will not be able to question Anatel's competence. Today there is this doubt about competition because it is not clear, it is not written that we can act on legal platforms. Once this is resolved, they will not be able to challenge it,’ explained the Anatel representative.

Senator Damares Alves (Republicans-DF) defended the fact that even if the extension of jurisdiction is not done by interim measure, the ICC can present the project. 

- So if we can present it, if the government doesn't send it as a Provisional Measure, we can present it, and in the first week [of February], in the next session, we can deliberate, that's a great achievement for this IPC. But it's not just about changing the powers, the framework; it's also about equipping Anatel - she defended.

Investments

The speaker also asked about other challenges for Anatel's work, such as investment restrictions and access to new technologies. The guest responded that the agency's work could be done better by hiring more professionals and investing more in optimising this type of website blocking and surveillance analysis using artificial intelligence, especially if the agency's competences were broadened.

- They can contribute a lot to this. Because I think the Ministry of Finance is going to have a hard time keeping up with these sites that change every few minutes.

Requests

At Tuesday's meeting, senators also approved eight requests. Among them, two authored by Senator Izalci Lucas: REQ 251/2024 - CPIBETS, which summons the Regional Director of BetConstruct, Beatriz Salles Melges; and the request to the São Paulo Civil Police for a full copy of the money laundering investigation related to the sponsorship contract between Corinthians and Vai de Bet (REQ 252/2024 - CPIBETS).

In addition to the rapporteur's request (REQ 259/2024 - CPIBETS) asking Fernando Haddad for information on administrative processes related to authorisations granted or denied to sports betting companies in Brazil.

Agência Senado