Paris (AFP) – Now that France has charged Telegram's founder with failing to stop illegal activity on his platform, other tech bosses may have reason to weigh the wisdom of jetting into Europe themselves.
Issued on: 29/08/2024 -
Law enforcement agencies across the world have long argued they need access to encrypted messages to stop criminal activity © Kirill KUDRYAVTSEV / AFP/File
Russia-born Pavel Durov is accused of "complicity" in running an online platform that allowed illicit transactions, child sex abuse images and other illegal content.
French lawyers told AFP it was "unprecedented" for an individual to be held criminally liable for what users chose to do on a tech platform.
Chat apps like Telegram -- which boasts having more than 900 million users -- were almost certainly hosting illegal content whether the bosses knew it or not, experts told AFP.
"It's clear that if they take this case against Pavel Durov all the way, any other platform could be threatened with the same thing," lawyer Guillaume Martine told AFP.
However, the idea of X owner Elon Musk or Mark Zuckerberg, whose Meta group includes Facebook and WhatsApp, being arrested in Europe remained beyond the realms of likelihood.
"I would be very surprised if any EU member state, including France, arrested Elon Musk under similar charges," Jan Penfrat of the European Digital Rights (EDRi) advocacy group told AFP.
"But then again, I was also surprised that they arrested Durov."
'Limited cooperation'
Although comparing these platforms is superficially appealing -- like its competitors, Telegram is not based in France, and Durov is an ally of Musk -- there are key differences.
For one, Durov is a French citizen, making him a much likelier target in France.
But also, although Musk trumpets an extreme free-speech position, he generally complies with government takedown orders on X, the social platform formerly known as Twitter.
Telegram, however, refuses on principle.
"It's true that Telegram is characterised by extremely limited cooperation, if any at all," said digital rights lawyer Alexandre Lazaregue.
"They don't respond to letters, they don't respond to summonses, they don't even have legal representation in court... Whereas Facebook, Twitter, etc still have well-known lawyers in Paris."
And Penfrat said comparisons with services like Signal or WhatsApp were also misleading as they are encrypted by default -- unlike Telegram.
"So Signal and WhatsApp can say: 'We're cooperating, we just don't have the information,'" he said.
"But Telegram says: 'Well, we could give you all that information because it's in plain text on our servers, but we're not going to, sorry.'"
'Red flags'
The particular position of Durov and Telegram suggests other tech bosses do not have anything immediately to worry about.
But Penfrat said he was concerned that the move against Telegram could be used as a precedent to go after other encrypted services.
Law enforcement agencies across the world have long argued they need access to encrypted messages to stop criminal activity.
But services like WhatsApp and Signal have pushed back, saying the only way to do that would be to outlaw encryption.
"It does raise a lot of red flags to see these charges, which seem random and also are just not very convincing," said Penfrat, suggesting it was like trying to blame a knife-maker for a stabbing.
Lawyer Martine said it was "extremely dangerous" to try to hold Telegram accountable for the actions of its users, likening it to prosecuting Europcar for renting a vehicle to a drug trafficker.
Lazaregue concluded that the charges against Durov were pushing the legal definition of "complicity" to breaking point.
"To be convicted of complicity, you still need to be aware that a crime is happening and intend to participate in it," he said.
Russia-born Pavel Durov is accused of "complicity" in running an online platform that allowed illicit transactions, child sex abuse images and other illegal content.
French lawyers told AFP it was "unprecedented" for an individual to be held criminally liable for what users chose to do on a tech platform.
Chat apps like Telegram -- which boasts having more than 900 million users -- were almost certainly hosting illegal content whether the bosses knew it or not, experts told AFP.
"It's clear that if they take this case against Pavel Durov all the way, any other platform could be threatened with the same thing," lawyer Guillaume Martine told AFP.
However, the idea of X owner Elon Musk or Mark Zuckerberg, whose Meta group includes Facebook and WhatsApp, being arrested in Europe remained beyond the realms of likelihood.
"I would be very surprised if any EU member state, including France, arrested Elon Musk under similar charges," Jan Penfrat of the European Digital Rights (EDRi) advocacy group told AFP.
"But then again, I was also surprised that they arrested Durov."
'Limited cooperation'
Although comparing these platforms is superficially appealing -- like its competitors, Telegram is not based in France, and Durov is an ally of Musk -- there are key differences.
For one, Durov is a French citizen, making him a much likelier target in France.
But also, although Musk trumpets an extreme free-speech position, he generally complies with government takedown orders on X, the social platform formerly known as Twitter.
Telegram, however, refuses on principle.
"It's true that Telegram is characterised by extremely limited cooperation, if any at all," said digital rights lawyer Alexandre Lazaregue.
"They don't respond to letters, they don't respond to summonses, they don't even have legal representation in court... Whereas Facebook, Twitter, etc still have well-known lawyers in Paris."
And Penfrat said comparisons with services like Signal or WhatsApp were also misleading as they are encrypted by default -- unlike Telegram.
"So Signal and WhatsApp can say: 'We're cooperating, we just don't have the information,'" he said.
"But Telegram says: 'Well, we could give you all that information because it's in plain text on our servers, but we're not going to, sorry.'"
'Red flags'
The particular position of Durov and Telegram suggests other tech bosses do not have anything immediately to worry about.
But Penfrat said he was concerned that the move against Telegram could be used as a precedent to go after other encrypted services.
Law enforcement agencies across the world have long argued they need access to encrypted messages to stop criminal activity.
But services like WhatsApp and Signal have pushed back, saying the only way to do that would be to outlaw encryption.
"It does raise a lot of red flags to see these charges, which seem random and also are just not very convincing," said Penfrat, suggesting it was like trying to blame a knife-maker for a stabbing.
Lawyer Martine said it was "extremely dangerous" to try to hold Telegram accountable for the actions of its users, likening it to prosecuting Europcar for renting a vehicle to a drug trafficker.
Lazaregue concluded that the charges against Durov were pushing the legal definition of "complicity" to breaking point.
"To be convicted of complicity, you still need to be aware that a crime is happening and intend to participate in it," he said.
The man with four passports: Durov's international network
Paris (AFP) – The arrest and charging by France of Telegram founder Pavel Durov has thrown a spotlight on the international connections of a man with at least four passports and high-level contacts but who has also aroused the attention of security agencies around the world.
Issued on: 29/08/2024 -
Russia
Durov says he left Russia in 2014, accusing Kremlin allies of seizing ownership of his first social network, the Russian-language VKontakte, after he refused to hand over data of users involved in 2011-2012 protests in Russia and then 2013-2014 demonstrations in Ukraine.
He was regarded by many at the time as a dissident. The Russian authorities in later years sought to block Telegram but unsuccessfully, and the app is seen as a key tool for the military in the invasion of Ukraine.
Speaking to US right-wing talk show host Tucker Carlson in an interview in April, Durov said only people with "very limited knowledge of where Telegram came from" could claim it was an instrument of the Russian government.
But Moscow has in no way disowned Durov during his current legal problems, with Kremlin spokesman Dmitry Peskov warning France against turning the case into "political persecution".
According to the Vazhnye Istorii news site, citing leaked border data, his departure from Russia was anything but an abrupt exile and he visited the country more than 50 times between 2015 and 2021.
France
Media have repeatedly noted that Durov's reception when he was arrested on arrival at Paris Le Bourget airport Saturday was in stark contrast to previous visits.
Le Monde newspaper reported Wednesday that Durov had met President Emmanuel Macron on several occasions prior to receiving French nationality in 2021, via a special procedure reserved for those deemed to have made a special contribution to France.
A source close to the case, who asked not to be named, told AFP on Thursday that after his arrest Durov requested that French telecoms tycoon Xavier Niel, chairman and founder of the Iliad mobile operator and seen as close to Macron, be informed of his arrest.
Durov has said his name in his French passport is written as Paul du Rove, a humorous French translation. His personal Telegram channel is called "Du Rove's Channel".
Another source close to the investigation said Durov had emphasised his links to the French head of state during questioning.
Both Pavel Durov and his elder brother Nikolai, a lower-profile figure seen as the mathematical brain behind Telegram, have been wanted by France since March this year.
United Arab Emirates
Durov says he chose to base Telegram in Dubai after finding the UAE offered a far better business climate than European cities, allowing the company to hire the best people, enjoy a tax-efficient regime and the city's infrastructure.
"We tried several places. We first went to Berlin... We tried London, Singapore. San Francisco. You name it -- we have been everywhere," Durov told Carlson.
"The bureaucratic hurdles were too difficult to overcome," whereas the UAE "turned out to be a great place", he said, lauding the state as "a neutral place... not aligned geopolitically".
The United States
There is no indication Durov ever sought US citizenship but his interview with Carlson threw up some interesting -- if unconfirmed -- insights about his relationship with the country.
He said that at one point he thought San Francisco "would be the place for us" but he was then attacked by "three big guys" who tried to grab his phone while he was tweeting about meeting then Twitter chief Jack Dorsey.
Durov claimed to have come out the better in the altercation. "There was a short fight and a bit of blood involved."
He also said US security agencies gave him "too much attention" whenever he visited, complaining that two FBI agents would always meet him at the airport asking questions.
© 2024 AFP
Paris (AFP) – The arrest and charging by France of Telegram founder Pavel Durov has thrown a spotlight on the international connections of a man with at least four passports and high-level contacts but who has also aroused the attention of security agencies around the world.
Issued on: 29/08/2024 -
Durov has a host of international connections
© Steve Jennings / GETTY IMAGES NORTH AMERICA/AFP/File
Born in 1984 under the USSR into a family of academics in Leningrad, now known as Saint Petersburg, Durov spent his childhood in Italy before his family returned to Russia when the Soviet Union fell.
He stopped living in Russia a decade ago as he set up the Telegram messenger, picking up the citizenship of the Caribbean archipelago of Saint Kitts and Nevis as he sought a base.
Finally basing his company in Dubai, he was given Emirati citizenship in 2021 and in the same year, via a special procedure that remains shrouded in secrecy, French nationality.
Here AFP looks at Durov's key relationships with world powers.
Born in 1984 under the USSR into a family of academics in Leningrad, now known as Saint Petersburg, Durov spent his childhood in Italy before his family returned to Russia when the Soviet Union fell.
He stopped living in Russia a decade ago as he set up the Telegram messenger, picking up the citizenship of the Caribbean archipelago of Saint Kitts and Nevis as he sought a base.
Finally basing his company in Dubai, he was given Emirati citizenship in 2021 and in the same year, via a special procedure that remains shrouded in secrecy, French nationality.
Here AFP looks at Durov's key relationships with world powers.
Russia
Durov says he left Russia in 2014, accusing Kremlin allies of seizing ownership of his first social network, the Russian-language VKontakte, after he refused to hand over data of users involved in 2011-2012 protests in Russia and then 2013-2014 demonstrations in Ukraine.
He was regarded by many at the time as a dissident. The Russian authorities in later years sought to block Telegram but unsuccessfully, and the app is seen as a key tool for the military in the invasion of Ukraine.
Speaking to US right-wing talk show host Tucker Carlson in an interview in April, Durov said only people with "very limited knowledge of where Telegram came from" could claim it was an instrument of the Russian government.
But Moscow has in no way disowned Durov during his current legal problems, with Kremlin spokesman Dmitry Peskov warning France against turning the case into "political persecution".
According to the Vazhnye Istorii news site, citing leaked border data, his departure from Russia was anything but an abrupt exile and he visited the country more than 50 times between 2015 and 2021.
France
Media have repeatedly noted that Durov's reception when he was arrested on arrival at Paris Le Bourget airport Saturday was in stark contrast to previous visits.
Le Monde newspaper reported Wednesday that Durov had met President Emmanuel Macron on several occasions prior to receiving French nationality in 2021, via a special procedure reserved for those deemed to have made a special contribution to France.
A source close to the case, who asked not to be named, told AFP on Thursday that after his arrest Durov requested that French telecoms tycoon Xavier Niel, chairman and founder of the Iliad mobile operator and seen as close to Macron, be informed of his arrest.
Durov has said his name in his French passport is written as Paul du Rove, a humorous French translation. His personal Telegram channel is called "Du Rove's Channel".
Another source close to the investigation said Durov had emphasised his links to the French head of state during questioning.
Both Pavel Durov and his elder brother Nikolai, a lower-profile figure seen as the mathematical brain behind Telegram, have been wanted by France since March this year.
United Arab Emirates
Durov says he chose to base Telegram in Dubai after finding the UAE offered a far better business climate than European cities, allowing the company to hire the best people, enjoy a tax-efficient regime and the city's infrastructure.
"We tried several places. We first went to Berlin... We tried London, Singapore. San Francisco. You name it -- we have been everywhere," Durov told Carlson.
"The bureaucratic hurdles were too difficult to overcome," whereas the UAE "turned out to be a great place", he said, lauding the state as "a neutral place... not aligned geopolitically".
The United States
There is no indication Durov ever sought US citizenship but his interview with Carlson threw up some interesting -- if unconfirmed -- insights about his relationship with the country.
He said that at one point he thought San Francisco "would be the place for us" but he was then attacked by "three big guys" who tried to grab his phone while he was tweeting about meeting then Twitter chief Jack Dorsey.
Durov claimed to have come out the better in the altercation. "There was a short fight and a bit of blood involved."
He also said US security agencies gave him "too much attention" whenever he visited, complaining that two FBI agents would always meet him at the airport asking questions.
© 2024 AFP
Telegram chief Durov released on €5 million bail, forbidden to leave France
Russian-born Telegram boss Pavel Durov was released on bail after being placed under formal investigation by French authorities following his arrest as part of a probe related to illegal content carried on his messaging app. Durov was freed after paying a €5 million deposit and instructed not to leave France. The Kremlin, which is closely watching the case, emphasised his status as a Russian citizen and warned against "political persecution".
Issued on: 29/08/2024 -
Telegram's boss Pavel Durov speaks in San Francisco, on September 21, 2015. © Steve Jennings, AFP file photo
By: NEWS WIRES
Telegram chief Pavel Durov was spending Thursday out on bail after four days of detention in France, banned from leaving the country as he faces a possible trial related to illegal content carried on his messaging app.
Russian-born Durov, dressed in black and wearing dark glasses, walked briskly out of the Paris court house late Wednesday into a waiting car after being charged but allowed to go free under judicial supervision.
He thanked his lawyer and was rapidly ushered into the vehicle by a burly man appearing to be a bodyguard, video posted on social media channels showed.
Durov, 39, was charged on several counts of failing to curb extremist and illegal content on the popular messaging app which now has over 900 million followers but has become increasingly controversial.
His lawyer David-Olivier Kaminski said it was “absurd” to suggest Durov could be implicated in any crime committed on the app, adding: “Telegram complies in all respects with European rules concerning digital technology.”
In Moscow, Kremlin spokesman Dmitry Peskov warned France against turning the case into “political persecution”, emphasising he is a “Russian citizen” and “we will be watching what happens next.”
Among those also voicing support for Durov is fellow tech tycoon and chief executive of X, Elon Musk, who has posted comments under the hashtag #FreePavel.
After the charges, Musk posted a meme on X of a surveillance camera attached to buildings inscribed with France’s motto, “liberty, equality, fraternity.”
‘Near total absence’
Durov was arrested at Le Bourget airport outside Paris late Saturday and questioned in subsequent days by investigators.
01:31
He was granted conditional release on a bail of five million euros and on the condition he must report to a police station twice a week as well as remaining in France, Paris prosecutor Laure Beccuau said in a statement.
The charges concern alleged crimes involving an organised group, including “complicity in the administration of an online platform to enable an illicit transaction”.
This charge alone could see him jailed for up to 10 years and fined 500,000 euros if convicted.
Durov has also been charged with refusing to share documents demanded by authorities as well as “dissemination in an organised group of images of minors in child pornography” as well as drug trafficking, fraud and money laundering.
The Paris prosecutor said the French judicial authorities had been made aware of the “near total absence of a response” from Telegram to requests from the authorities and had first opened an investigation in February 2024.
The next step will be for the case to be sent to trial.
Separately, Durov is also being investigated on suspicion of “serious acts of violence” towards one of his children while he and an ex-partner, the boy’s mother, were in Paris, a source said. She filed a criminal complaint against Durov in Switzerland last year.
The tech mogul founded Telegram as he was in the process of quitting his native Russia a decade ago following a dispute with authorities related to ownership of his first project, the Russian-language social network VKontakte.
An enigmatic figure who rarely speaks in public, Durov is a citizen of Russia, France and the United Arab Emirates, where Telegram is based.
Forbes magazine estimates his current fortune at $15.5 billion, though he proudly promotes the virtues of an ascetic life that includes ice baths and not drinking alcohol or coffee.
He was granted conditional release on a bail of five million euros and on the condition he must report to a police station twice a week as well as remaining in France, Paris prosecutor Laure Beccuau said in a statement.
The charges concern alleged crimes involving an organised group, including “complicity in the administration of an online platform to enable an illicit transaction”.
This charge alone could see him jailed for up to 10 years and fined 500,000 euros if convicted.
Durov has also been charged with refusing to share documents demanded by authorities as well as “dissemination in an organised group of images of minors in child pornography” as well as drug trafficking, fraud and money laundering.
The Paris prosecutor said the French judicial authorities had been made aware of the “near total absence of a response” from Telegram to requests from the authorities and had first opened an investigation in February 2024.
The next step will be for the case to be sent to trial.
Separately, Durov is also being investigated on suspicion of “serious acts of violence” towards one of his children while he and an ex-partner, the boy’s mother, were in Paris, a source said. She filed a criminal complaint against Durov in Switzerland last year.
The tech mogul founded Telegram as he was in the process of quitting his native Russia a decade ago following a dispute with authorities related to ownership of his first project, the Russian-language social network VKontakte.
An enigmatic figure who rarely speaks in public, Durov is a citizen of Russia, France and the United Arab Emirates, where Telegram is based.
Forbes magazine estimates his current fortune at $15.5 billion, though he proudly promotes the virtues of an ascetic life that includes ice baths and not drinking alcohol or coffee.
Special procedure
Numerous questions have been raised about the timing and circumstances of Durov’s detention, with supporters seeing him as a freedom of speech champion while his detractors paint him as a menace who wilfully allowed Telegram to get out of control.
Le Monde newspaper reported Wednesday that Durov had met President Emmanuel Macron on several occasions prior to receiving French nationality in 2021, via a special procedure reserved for those deemed to have made a special contribution to France.
Daily newsletterReceive essential international news every morningSubscribe
The Wall Street Journal added that at one lunch in 2018, Macron—who along with his team was in the past an avid user of Telegram—had suggested it should be headquartered in Paris, but Durov refused.
According to a source, both Pavel Durov and his elder brother Nikolai, a lower-profile figure seen as the mathematical brain behind Telegram, have been wanted by France since March this year.
Durov’s departure from Russia was reportedly not an abrupt exile: according to the Vazhnye Istorii news site, citing leaked border data, he visited the country more than 50 times between 2015 and 2021, adding to questions about his relationship with the Russian authorities.
Meanwhile, a UAE government official said it “prioritises the welfare of its citizens” and was “in touch with the French authorities about this case.”
(AFP)
No comments:
Post a Comment