By Rick Findlay – Reclaim The Net
The arrest of Telegram CEO Pavel Durov was initiated under the auspices of the Tribunal Judiciaire de Paris, which issued a statement detailing the circumstances surrounding Durov’s detention. “Pavel DUROV, founder and CEO of instant messaging and platform Telegram, was arrested… then taken into police custody at 8 p.m.,” the tribunal stated.
This action is part of a “judicial investigation opened the 8th of July 2024, following a preliminary inquiry initiated by Section J3 – JUNALCO (Fight against Cybercrime) of the Paris Public Prosecutor’s Office.”
The charges against Durov raise serious concerns about the potential for widespread legal actions against tech executives based on the content hosted on their platforms.
The case also underscores the growing tension between government regulations and the principle of encryption, hinting at a possible future where strong encryption could face legal challenges. For example, the EU has already been using the idea of protecting children as the reason to call for a ban on all private messaging and the introduction of online digital ID.
Durov is accused under several charges that encompass a wide array of alleged complicit behaviors.
We obtained a copy of the full charges for you here.
Complicity in Web-Mastering for Illegal Transactions: This charge alleges that Durov enabled illegal transactions by merely providing the digital infrastructure of Telegram. This sets a concerning precedent, suggesting that tech platforms might be held liable for any illegal activities conducted by their users, regardless of the platform’s direct involvement or knowledge.
Refusal to Communicate Information for Lawful Interceptions: Durov is also charged with refusing to provide user data for government surveillance, highlighting a clash between government demands for data access and the commitment of tech companies to protect user privacy.
Complicity in Narcotics and Child Abuse Activities: This involves accusations that Telegram was used to facilitate child abuse and drug trafficking, potentially making Durov liable for users’ actions involving narcotics, despite his non-involvement in those activities directly.
Offering Tools for Cybersecurity Breaches: One charge accuses him of offering, selling, or making available tools that could be used to access or damage data systems, putting at risk the distribution of dual-use tools that are crucial for cybersecurity.
Organized Fraud and Criminal Association: These charges suggest that Durov’s platform was used for organized fraud and other criminal activities, potentially holding him responsible for any criminal plans discussed or conducted via Telegram.
Financial Crimes: Including charges such as laundering the proceeds derived from organized crime, which implicates the platform in financial misdeeds conducted through its services.
Regulatory Non-Compliance in Cryptology: Durov faces several charges related to the provision of cryptography services without proper declarations, suggesting a legal push against strong encryption practices and private communication.
Setting a Dangerous Precedent
The nature of these charges suggests a shift in how legal responsibilities are assigned in the tech sector. Traditionally, tech companies in the US have operated under the legal framework that shields them from liability for user-generated content, thanks to regulations like Section 230 of the Communications Decency Act in the United States. Although there are some exceptions, Section 230 effectively absolves social media platforms of the responsibility for the wrongful acts or criminal behavior of their users.
However, this is unique to the United States and is designed to allow innovation. In a global setting, the charges against Durov could indicate a move towards holding tech executives personally accountable for the activities that take place on their platforms, even if they are not directly involved in those activities.