Author: Climber, Jinse Finance
On August 24, Telegram founder Pavel Durov was arrested at a French airport. After much speculation, the French authorities finally issued a detention statement, saying that Durov was suspected of providing unauthorized "cryptography" services and tools and other cyber crimes, as well as providing child pornography and sharing profits in "money laundering".
There are as many as 12 charges involved, and other countries such as the United Arab Emirates and India are also following up on the case. At present, the police have extended Durov's detention from August 25 to 96 hours later on the 28th, but when this stage of detention is over, the judge can still decide to release him or continue to detain him with charges. If the subsequent charges are proven, Pavel Durov will face imprisonment.
Durov may face criminal charges after detention
Since the news of Pavel Durov's arrest at the French airport came out, there have been constant speculations from all sides, such as Durov's arrest charges being a fabricated political incident, allegations involving fraud, money laundering, terrorism, etc., and the existence of drug trafficking, gun black market and child pornography on the Telegram platform.
In response to the above media rumors, French President Macron first stated that Telegram CEO Pavel Durov was arrested due to judicial investigation and there was no political motive involved. A police spokesman said that Pavel Durov was accused of failing to cooperate with cyber and financial crimes on the platform. However, no specific charges were disclosed.
As the detention deadline for Pavel Durov came to an end, the prosecutor of the Paris Public Prosecutor's Office, the main institution in charge of the case, finally came out to explain that Durov was arrested and detained in connection with a cybercrime investigation. Durov was accused of suspected conspiracy with illegal activities, refusal to provide information to the authorities, money laundering, criminal gang association, and undeclared provision of encryption services.
According to a statement released by the Paris Judicial Court, Telegram CEO Pavel Durov was arrested on suspicion of cybercrime, and the charges he faces include providing unauthorized "cryptography" services and tools. The case may involve fraud, drug trafficking, organized crime, terrorist propaganda and cyberbullying.
The statement said: "Pavel Durov, founder and CEO of the instant messaging platform Telegram, was arrested at Le Bourget Airport in the suburbs of Paris on Saturday, August 24, 2024, and was detained by the police at 8 pm. This move was carried out in the context of a judicial investigation that began on July 8, 2024, after a preliminary investigation was launched by the Anti-Cybercrime Department of the Paris Prosecutor's Office. The crime of the judicial investigation is the provision of cryptographic services and tools."
Several other charges are listed in the document, including conspiracy to "possess pornographic images of minors" and "money laundering for the illegal proceeds of criminal organizations." In addition, the Paris Public Prosecutor's Office in France stated that the Durov case under investigation involves 12 crimes, most of which are cybercrimes.
Currently, the police have extended Durov's detention time from August 25 to 96 hours later on the 28th, but when this stage of detention ends, the judge can still decide to release him or continue to detain him with charges.
Meanwhile, other countries such as the UAE are following up on Durov's arrest. The Indian government is investigating Telegram's potential abuse in criminal activities, especially extortion and gambling. India's investigation is led by the Ministry of Interior and the Ministry of Electronics and Information Technology, focusing on criminal activities in Telegram's peer-to-peer communication function. If the investigation results are unfavorable, the app may face the risk of being banned.
Public information shows that the Paris Public Prosecutor's Office is composed of the Public Prosecutor's Office, 6 departments, 16 sections and a prosecution alternative procedure center. The case against Durov was launched on July 8 this year after a preliminary investigation was initiated by the Anti-Cyber Crime Department of the Paris Public Prosecutor's Office.
The sub-departments include the General Public Action Department of Paris, which is responsible for part of the territorial public action, the minors (offenders and victims) section, and the Center for Alternative Procedures to Prosecution; the Specialized Public Action Department of Paris, which is responsible for economy, finance, business, and organized crime and drugs; the JIRS/JUNALCO Department, which is responsible for the JIRS organized crime section, the JIRS financial crime section, and the J3 cybercrime section; and the Judgment and Execution Department, which is mainly responsible for registration and hearings, judgment enforcement and international criminal assistance.
Among the above departments, the Durov case will be mainly handled by the JIRS/JUNALCO department, and Durov's investigation, interrogation and even sentencing will also be coordinated by the Paris Public Prosecutor's Office.
Clarification, resistance, and support: the law is the final answer
Regarding the arrest of Telegram's founder, Telegram officials first responded to the incident by saying that the company complies with EU law, and its audits meet industry standards and are constantly improving. Specifically, Telegram complies with EU law, including the Digital Services Act - its audits meet industry standards and are constantly improving. Telegram's CEO Pavel Durov is not hiding and travels frequently in Europe. It is absurd to claim that "a platform or platform owner is responsible for abuse on the platform." Nearly one billion users around the world use Telegram as a means of communication and an important source of information. The team is waiting for a quick resolution to this situation.
TON also issued a statement on the arrest of Telegram CEO, saying that TON will continue to operate in full and will firmly support Durov. TON's Official Twitter added the Resistance Dog logo hand-painted by Telegram founder in 2018 to its profile picture and launched a digital resistance movement called "We stand with Pavel Durov (Telegram CEO)".
According to the TON Foundation, the hoodie-wearing dog (also known as the Resistance Dog) was originally drawn and named by Pavel Durov, the founder of Telegram and TON, in 2018. REDO has been the (un)official mascot of Telegram’s vision of “resistance” to censorship since then.
The arrest of Telegram’s founder and the TON community’s resistance also attracted solidarity and support from all parties.
The Russian Embassy in Paris said it had requested consular access to Durov and asked French authorities to ensure protection of his rights. Russian officials are in contact with Durov's lawyers. Vladislav Davankov, deputy chairman of the Russian State Duma, called on Roskomnadzor to immediately block the websites of major French companies operating in Russia.
Musk also released a video with the tag FreePavel to once again support Telegram founder. Franklin Bi, general partner of venture capital fund Pantera Capital, also released a short message "#FreePavel". The founder of DWF Labs said that he had bought $500,000 worth of TON on the chain and would hold it until the Telegram CEO was released.
Many institutions and celebrities have also given their own comments on the above events.
Russian officials and state media experts have also slammed the West's "double standards" on freedom of expression over Durov's detention. Mikhail Ulyanov, Russia's ambassador to international organizations in Vienna, said Durov's detention was an example of "very alarming totalitarian tendencies in a country that used to call itself a democracy." Former Russian President Dmitry Medvedev said Durov's detention should serve as a wake-up call for all Russian entrepreneurs leaving the country.
Ekaterina Mizulina, head of the Russian Alliance for a Secure Internet, believes that the arrest of Pavel Durov, one of the founders of Telegram, in France was a request from the United States. She wrote on her personal Telegram channel: "I have long believed that the head of Telegram is in danger outside of Russia and could be arrested at any time. Similar situations have happened before at the request of the United States. I originally thought that no one touched him because he might be cooperating with Western intelligence agencies, but recent news shows that everything seems to be different."
In addition, Mizulina believes that the arrest of Durov is aimed at cracking down on the super currency Toncoin circulating on Telegram. She said that in this way, the United States will continue its sanctions policy.
Musk said that Durov's arrest was a promotion for the First Amendment of the U.S. Constitution, and sarcastically said, "It's 2030 in Europe, and you're being executed for liking a meme."
Snowden said that France's arrest of Telegram CEO is a violation of basic human rights such as freedom of speech, which brings shame not only to France but also to the whole world.
Regardless of the opinions and comments from all parties in society, the trial of Durov's case will ultimately need to refer to legal provisions. As early as 2001 in Budapest, many countries signed the European Cyber-crime Convention and formulated the Cyber-crime Convention Law.
It stipulates that: Article 7 of the Computer-related Crimes, namely, Computer-related Forgery, requires each Contracting State to take necessary legislative and other measures to criminalize cybercrimes under its domestic law. The Cybercrime Convention stipulates in Chapter 2, Articles 2 to 10, that the signatory states must punish nine types of cybercrimes with criminal law, among which the suspected regulations related to the Durov case are:
3) Data interference: includes any act of intentionally damaging, deleting, destroying, modifying or hiding computer data. This provision is intended to ensure the authenticity of computer data and the availability of computer programs.
5) Misuse of devices: This includes the production, sale, distribution or any other means of providing any device that is used to commit the above-mentioned cybercrimes. Since the easiest way to commit the above-mentioned cybercrimes is to use hacker tools, this indirectly leads to the production and sale of these tools. Therefore, it is necessary to strictly punish the production and sale of these tools to basically eliminate cybercrimes.
7) Computer-related fraud: This includes any data entry, modification, deletion or concealment of any computer data with fraudulent intent, or interference with the normal operation of a computer system, in order to seek illegal personal gain and cause property loss to others. This is a criminal act that requires criminal punishment.
8) Offences related to child pornography: This includes all the production, provision, distribution or transmission, acquisition and possession of child pornography on computer systems. This provision refers to any of the above-mentioned child pornography crimes committed using computer systems.
The ancillary liability and sanctions define the attempt and aiding or abetting in Article 11 and the liability of legal persons in Article 12. And Article 13, namely, sanctions and measures, stipulates: 1. Each State Party shall adopt necessary legislative and other measures to ensure that criminal offences established in accordance with Articles 2 to 11 are subject to effective, proportionate and dissuasive sanctions, including deprivation of liberty. 2. Each State Party shall ensure that legal persons held liable in accordance with Article 12 are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions or measures, including fines.
In other words, no matter which charge is proven, Durov will face criminal punishment.
Conclusion
The arrest of Telegram's founder has caused a stir, and both the crypto and traditional financial sectors are paying attention to the future of this business celebrity. If the French authorities strictly enforce the law, then under the constraints of relevant legal provisions, Durov is likely to be in danger. Even if Telegram itself can avoid being involved in corruption, as the world's number one encrypted service social platform, the illegal behavior implied in it cannot be guaranteed to become a chain of evidence that trips up Durov.
