News spread on Saturday, August 24, 2024, that Telegram founder Pavel Durov was arrested while leaving his private jet at France’s Le Bourget Airport. Concerns grew among users of Telegram as to why the CEO was arrested, but sources said it was in connection with some policy issues regarding the use of the messaging app.
French television network TF1 reported that the main issues were Telegram’s (lack of) moderation processes and unwillingness to cooperate with law enforcement, especially when it comes to drug trafficking, money laundering and child sexual abuse material (CSAM).
In its statement, however, Telegram said it “abides by EU laws, including the Digital Services Act,” with moderation that is “within industry standards and constantly improving.” It also argued that it’s “absurd to claim that a platform or its owner are responsible for abuse of that platform.”
In recent days, after French authorities initially withheld details, new information has surfaced explaining the arrest of CEO Pavel Durov, with a total of twelve accusations being made against “a person unnamed,” a traditional French legal word that refers to the current Telegram CEO. The Anti-Fraud National Office (ONAF) and the Centre for the Fight against Cybercrime (C3N) have both contributed to the inquiry.
The 12 charges can be broken down into four key reasons or categories:
- Telegram’s founder has been charged with being complicit in storing and distributing CSAM content, facilitating drug trafficking and facilitating organized fraud and other illegal transactions.
- The court claims that Telegram refuses to cooperate with law enforcement when they file a formal request for information or documents.
- Durov faces several charges related to Telegram’s cryptographic features as they haven’t been formally declared or certified by French authorities. These seem to be minor offenses according to Professor of Law Florence G’sell.
- Durov is accused of taking part in a “criminal association with a view to committing a crime or an offense punishable by 5 or more years of imprisonment,” as well as money laundering.
According to TechCrunch, the arrest of Telegram founder Pavel Durov was not related to the European Union’s Digital Services Act (DSA) or other tech-specific regulations. Enforcement of the EU’s online governance rules could not lead to a platform owner being arrested.
The website also reports that French President, Emmanuel Macron has stated that the arrest of Telegram founder Pavel Durov was not politically motivated, quoting him to have said, “It is up to the judiciary, in full independence, to enforce the law.” “The arrest of the president of Telegram on French soil took place as part of an ongoing judicial investigation. It is in no way a political decision. It is up to the judges to rule on the matter.”
In the meantime, the French authorities are still looking into the issues, and have up to about 96 hours worth of time speaking to Pavel Durov before arriving at any decision to indict him for the charges or not.
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