Paris court details why it arrested Telegram founder

BENGALURU: On August 24, 2024, Pavel Durov, the founder and CEO of the widely used messaging app Telegram, was arrested in France, drawing significant international attention and raising critical issues surrounding digital privacy, regulatory compliance and the responsibilities of social media platforms.

The French authorities, adhering to the principle of secrecy that governs pre-trial investigations, have remained relatively tight-lipped about the circumstances surrounding Durov’s arrest.

However, preliminary reports indicate that the Paris criminal court is investigating Telegram for its allegedly inadequate moderation processes and its perceived unwillingness to cooperate with law enforcement on serious issues such as drug trafficking, money laundering, and the circulation of child sexual abuse material (CSAM).

The orchestration of this high-profile arrest, coupled with the ensuing media frenzy, has sparked a flurry of responses from prominent figures in technology and activism. Elon Musk, the billionaire owner of X, publicly advocated for Durov’s release, posting “#FreePavel” on his platform.

Equally compelling was the implication put forth by Edward Snowden, the renowned privacy advocate and NSA whistleblower, suggesting that Durov’s arrest might have been influenced by political motives from the French government, particularly President Emmanuel Macron.

Regulatory scrutiny

Given Telegram’s prominence, especially within Russia and Ukraine—two countries facing complex socio-political challenges—the implications of Durov’s arrest extend beyond mere legal considerations.

The platform, with approximately 950 million monthly active users, serves as a vital communication tool for activists, journalists, and everyday users seeking secure messaging free from governmental oversight.

Telegram’s popularity and its role as a lifeline for freedom of expression have consequently placed it in the crosshairs of law enforcement and regulatory scrutiny.

In light of the outcry and speculations regarding Durov’s arrest, the Paris criminal court has released a press statement to clarify the situation.

According to the statement, the Paris Public Prosecutor’s Office initiated a preliminary investigation against Durov on July 8, 2024, in response to concerns regarding cybercrime and associated activities on Telegram.

Collaboration between the Centre for the Fight against Cybercrime (C3N) and the Anti-Fraud National Office (ONAF) has ensued, resulting in twelve charges against an unnamed individual—a legal term in France signifying the entity in charge of Telegram.

Four charges

The charges against Durov encompass four principal categories, each intricately woven with both legal and technical nuances. First and foremost, Durov faces accusations of facilitating the storage and distribution of CSAM, enabling drug trafficking, and participating in organized fraud and other illicit transactions through the platform.

These charges underscore the persistent challenges that digital communication tools face in managing harmful content while respecting user privacy.

Second, Durov has been cited for Telegram’s alleged failure to cooperate with law enforcement authorities in response to official requests for information or documentation. This raises essential questions regarding the balance between user confidentiality and the necessity for platforms to aid legal investigations, especially when confronted with serious crimes.

Thirdly, several charges are linked to the cryptographic features inherent to Telegram, which have not been formally certified by French regulatory bodies. Professor Florence G’sell has indicated that these particular allegations may be seen as relatively minor in the grand scope of the investigation; nonetheless, they reflect broader concerns about regulatory oversight in the digital space.

The fourth category of charges posits that Durov is implicated in a “criminal association with a view to committing a crime or an offense punishable by 5 or more years of imprisonment,” which includes allegations of money laundering. This charge is particularly noteworthy given the recent introduction of Stars—a digital currency within the Telegram ecosystem—allowing users to purchase content and enabling conversions to Toncoin, Telegram’s designated cryptocurrency.

Telegram’s built-in crypto wallet and the tradable nature of Toncoin exacerbate potential vulnerabilities related to monetary regulation, especially concerning “know your customer” requirements which, if unmet, could facilitate money laundering activities.

The complexity and breadth of these allegations raise significant questions about the accountability of digital platforms in addressing illicit activities and fostering user safety.

Within this context, one particular charge stands out for its ambiguity: the claim of “complicity—offering, selling or making available, without legitimate reason, equipment, tools, programs or data designed for or adapted to get access to and to damage the operation of an automated data processing system.”

No political motivations

The charge underscores the evolving nature of cybercrime and reflects the difficulties authorities face when attempting to regulate rapidly advancing technology.

The intersection of privacy, security, and responsibility in the digital realm is increasingly becoming a focal point for governments, legal entities, and tech companies alike.

His arrest arises from an active criminal investigation rather than any regulatory crackdown stemming from the European Union’s Digital Services Act (DSA) or other similar tech-specific regulations.

As outlined by French President Emmanuel Macron, Durov’s apprehension is firmly rooted in the judiciary’s autonomous function, devoid of any political motivations.

Macron emphasised the foundation of judicial independence by stating, “It is up to the judiciary, in full independence, to enforce the law.”

His remarks serve to reassure both the public and the tech community that Durov’s legal challenges stem from alleged criminal activities, not from a campaign against technological innovation or free expression.

Looking ahead, the legal proceedings against Durov are poised to unfold rapidly. French authorities possess the authority to detain and interrogate him for a maximum of 96 hours, a deadline that looms considerably. Post-interrogation, the judiciary will determine whether sufficient grounds exist for formal charges.

The decision will also address whether Durov should be held in custody as a preventive measure. Given his tendency to reside in Dubai, along with his multiple passports and access to a private jet, there exists a legitimate concern regarding his potential flight risk, which might influence the court’s decision on custody.