French prosecutors have formally charged Telegram CEO and founder Pavel Durov with multiple severe offenses, including complicity in crimes involving child sexual abuse, drug trafficking, and unauthorized encrypted technologies. Durov was apprehended at Bourget Airport on August 24, later detained, and now must remain in France, reporting to local authorities twice a week.
Legal Implications and Penalties
The French investigation cites 12 criminal violations tied to Durov. Allegations include utilizing Telegram to distribute child sexual abuse material, enabling drug trafficking, conducting fraud, and supporting organized criminal activities. Further accusations involve Telegram's failure to provide required information to investigators.
The most critical charge, connected to administering a platform for illicit transactions by organized groups, could result in a decade-long prison sentence and a fine of 500,000 euros ($555,750). These legal challenges pose serious risks for Telegram, which has been known for its strong encryption since its launch in 2013.
Macron's Invitation and Surveillance Concerns
French President Emmanuel Macron had invited Durov in 2018 to move Telegram's headquarters to Paris. The invite followed a covert 2017 operation, “Purple Music,” where French and UAE intelligence allegedly hacked Durov's iPhone. The incident, occurring before Macron's invitation, sparks discussions on privacy and surveillance practices.
Durov and Telegram have yet to release detailed statements about the charges. Telegram, however, issued a general response following Durov's arrest, asserting compliance with EU laws and the Digital Services Act. They emphasized that moderation efforts meet industry standards and called accusations of platform misuse by users “absurd.”
However, Telegram has been investigated by regulators in Europe, most recently in May to ensure the company complies with the Digital Services Act. The European Union is scrutinizing Telegram over suspicions that it may have underreported its user base within the bloc.
In February, The European Court of Human Rights (ECHR) highlighting that the integrity of end-to-end encryption is crucial for the protection of individual rights. The ruling followed Russia's attempts to put backdoors into Telegram to bypass encryption.
Financial and Personal Background
Russian-born Durov, reportedly worth $15.5 billion per Forbes, has a bail set at 5 million euros (roughly $5.6 million), an amount well within his means. Given his high profile, the case is drawing considerable attention, underscoring the broader consequences for encrypted communication platforms.
In Russia, there has been backlash against Durov's arrest, with some officials viewing it as politically motivated. This sentiment is notable, especially since Russia sought to ban Telegram in 2018, a ban that was lifted in 2020. Kremlin spokesman Dmitry Peskov told the New York Times that he hopes that Durov would receive all necessary legal protections and hinted at possible assistance from Moscow, notwithstanding his French citizenship.
Following Durov's arrest, Telegram reiterated its compliance with EU regulations and emphasized improving moderation practices, asserting it is unfair to hold the platform or its owner responsible for user actions.
Durov's charges highlight a notable shift in the scrutiny of personal liability for tech executives regarding platform activities. Historically, Western internet company leaders were rarely held personally liable. However, intensified focus from regulators suggests this might change. Durov's case questions whether tech figures like Mark Zuckerberg of Meta could face similar risks in the future.
