Behind the scenes of the arrest of the CEO of Telegram
According to the Reuters report, the arrest of Pavel Durov, the CEO of the Telegram messenger, is a serious warning to the world's technology giants. The case was initiated by a small cybercrime unit at the Paris prosecutor's office, headed by 38-year-old Johanna Brousse.
A major evolution in dealing with technology managers
Last Saturday's arrest of 39-year-old Durov marks a dramatic shift in the way some global authorities treat tech executives who fail to police illegal content on their platforms. The move demonstrated the J3 cybercrime unit's prowess, but the true test of its ambitions will be Bruce's ability to prove a crime based on a largely untested legal argument. The J3 cybercrime unit in France is the most important unit authorized to prosecute throughout the country.
Accusations against the CEO of Telegram
In an unprecedented action against a major tech CEO, prosecutors argued that Durov was responsible for the alleged illegality of his platform. He is under official investigation for involvement in organized crime. Durov is suspected of complicity in running an online platform that allowed the publication of images of child sexual abuse, drug trafficking and fraud.
Durov's lawyer said on Thursday that it was ridiculous to hold him responsible and that the messenger followed European laws, echoing Telegram's own earlier statement.
Read more: What will happen to Tony Kevin after the arrest of Pavel Durov?
Research process and applied restrictions
Being under an official investigation in France does not necessarily mean guilt or lead to a trial, but it does indicate that judges believe there is enough evidence to proceed with the investigation. Investigations can take years to go to trial or be stopped. Durov has been released on bail, but is prohibited from leaving France.
Read more: Durov's release on bail of 5 million euros
Initiation of investigation by J3 cyber crimes unit France
The Bruce-led unit began investigating Durov earlier this year after seeing the Telegram app being used for numerous crimes and becoming frustrated with Telegram's near-complete lack of response to judicial requests.
Paris prosecutor Laure Beccuau announced this on Wednesday. Bruce also refused to comment on these events.
The ambitions of the J3 cybercrime unit France
In an interview with the Liberation newspaper in January, Bruce said his office is overseeing a growing number of investigations into Telegram and rival messaging app Discord, adding that fighting crime on those messengers is one of his battles. Discord CEO Jason Citron also did not respond to a request for comment on the allegations.
Challenges and limitations of the J3 unit
The J3 cybercrime unit is the most important unit in France that has the license to prosecute throughout the country. But the unit is small, with only five prosecutors, far fewer than the 55 to 60 cybercrime prosecutors in Switzerland. Bruce told Le Figaro last year that despite limited resources, they prioritize the most serious crimes.
Strict approach in dealing with cybercrimes
Bruce said in a podcast in 2022 that he wanted to be tough so that cybercriminals would believe that if they attacked France, they would be prosecuted and punished very severely. He added:
We want people to be prosecuted either in their own country or in France through an arrest warrant.
Innovation in the prosecution of international cases
Patrick Perrot, who coordinates AI-based investigations in the French gendarmerie and advises the interior ministry's cyber command unit, said J3 has been innovative in trying to prosecute cases that set an international precedent.
He told Reuters:
I think it goes to show that you can't do whatever you want with these platforms. This is a real question for the future, as these platforms will continue to proliferate, so the challenge of regulation is imperative.
Legal challenges ahead
Bruce has been leading J3 since 2020, and during this time, he has been entrusted with the responsibility of overseeing one of the most important and controversial cybercrime cases in France. In late 2020, J3 took over the investigation into Sky ECC, which along with Encrochat was one of the main encrypted communication services used by criminals to buy drugs and weapons or kill rivals. Since Anchorage was dismantled in 2020, more than 6,500 arrests have been made.
Conclusion: The Future of Social Platform Regulation
Two other French lawyers who worked on the Sky ACC and Ancrochet cases told Reuters that the previous investigation had given prosecutors ambition and a pattern to target Durov.
Robin Binsard, who has fought Encrochet cases at France's highest court, said prosecutors would have to prove Durov knew about and approved the crimes on the app, calling their argument highly arguable.
The case shows that France is going after providers of encrypted messengers, and that other operators of such apps, such as Signal, should be concerned about their compliance with French regulations. Because the message is clear: If they don't comply, legal action will be taken.
This case could be a turning point in how the authorities deal with social platforms and the responsibility of their managers for the published content. Due to the increasing expansion of these platforms, the challenge of regulating and balancing user privacy and preventing possible abuses will become one of the most important issues in the field of technology in the coming years.
