On August 24, Telegram’s founder and CEO, Pavel Durov, was arrested by French authorities, who have not provided any comments due to the confidentiality of pre-trial investigations in France.
Television network TF1 highlighted that the investigation centers around Telegram’s moderation practices and reluctance to collaborate with law enforcement, particularly concerning issues like drug trafficking, money laundering, and child sexual abuse material (CSAM).
The Paris criminal court handling the investigation likely did not anticipate the high level of public interest and speculation it sparked. High-profile figures, including billionaire Elon Musk and privacy advocate Edward Snowden, have commented on the situation. Musk used the hashtag “#FreePavel,” while Snowden suggested that the arrest might have been a political maneuver instigated by French President Emmanuel Macron.
Given Telegram’s popularity, especially in Russia and Ukraine, the arrest has also attracted significant attention from both Russian authorities and opposition groups.
Due to the widespread attention, the court released a press statement detailing the charges against Durov. The Paris Public Prosecutor’s Office initiated a preliminary investigation on July 8 aimed at addressing cybercrime. The Centre for the Fight against Cybercrime (C3N) and the Anti-Fraud National Office (ONAF) are also involved. Twelve charges have been filed against “a person unnamed,” a term often used in French legal context to refer to the head of Telegram.
The charges against Durov can be categorized into four main areas:
1. **Complicity in illegal activities:** Durov has been charged with aiding in the storage and distribution of CSAM, facilitating drug trafficking, and enabling organized fraud and other illegal transactions.
2. **Non-cooperation with law enforcement:** Telegram is accused of not complying with requests for information or documents from law enforcement agencies.
3. **Cryptographic features:** Charges have been filed due to Telegram’s cryptographic features not being formally declared or certified by French authorities, which are considered minor offenses according to legal experts.
4. **Criminal association and money laundering:** Durov faces allegations of being involved in a criminal conspiracy with the intent to commit crimes carrying sentences of five years or more, and money laundering.
The intricate and broad nature of these charges makes it difficult to fully understand their basis without access to the complete investigation.
The accusations related to CSAM content, drug trafficking, and fraud are likely associated with Telegram’s current moderation processes. Telegram, with its 950 million monthly active users, has minimal moderation infrastructure, supported by only 30 engineers as per Durov’s statements in an interview.
On the financial front, Telegram recently introduced a digital currency called Stars, which can be used to purchase digital content and can be converted to Toncoin, a cryptocurrency used within the platform. Telegram’s built-in crypto wallet facilitates the trading of Toncoins on various exchanges, which can then be transferred to bank accounts. The money laundering charge might stem from suspicions of Telegram not adhering to “know your customer” regulations, potentially enabling laundering activities.
Another charge involves providing tools or data designed to access and damage automated processing systems without legitimate reasons, as stated by Prosecutor Laure Beccuau.
One clear conclusion is that Durov’s arrest is part of a criminal investigation unrelated to the European Union’s Digital Services Act (DSA) or any other tech-specific regulation. Enforcement of EU online governance rules would not result in the arrest of a platform owner.
Emmanuel Macron clarified that the judiciary operates independently from the executive branch. In a post, Macron stressed that the arrest was part of an ongoing judicial investigation, not a political decision.
Durov can be detained and interrogated for up to 96 hours, after which the court must decide whether to formally indict him on any of the charges. The court will also determine if Durov should remain in custody to prevent him from fleeing the country, given his multiple passports, usual residence in Dubai, and access to a private jet.
