Pavel Durov arrested on 12 charges, France faces wave of hacktivist attacks in response

On August 24, 2024, Pavel Durov, the founder and CEO of Telegram, was arrested by French authorities at Le Bourget airport. He was the subject of a search warrant issued by the French Office for Combating Violence Against Minors, as part of investigations into numerous offenses linked to the use of Telegram: fraud, trafficking, cyberstalking, apology for terrorism, money laundering, and child pornography.

The arrest sent shockwaves through the digital world, as a result Telegram, known for its privacy protection, could face a number of legal and technical challenges.

Placed in police custody as soon as he was arrested, Pavel Durov was officially indicted on Wednesday August 28 for a series of offenses, ranging from facilitating illicit transactions, complicity in the acquisition, possession and distribution of child pornography, organized fraud, laundering of crimes and offenses, and facilitating illegal cryptology services.

Today, Pavel Durov was released under judicial supervision, with a ban on leaving French territory.

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Who is Pavel Durov?

Pavel Durov, often dubbed the "Russian Mark Zuckerberg", is an entrepreneur known for his commitment to freedom of expression and digital privacy. After founding the social network VKontakte, he launched Telegram, an encrypted messaging app that today boasts millions of users worldwide.

The accusations

Pavel Durov has been criticized for failing to adequately moderate the illegal content circulating on his platform, as well as for his lack of cooperation with the judicial authorities in investigating such behavior.

Telegram, with its robust encryption, is often seen as a haven for illicit activity. Prosecutors claim that the platform facilitated the dissemination of criminal content, and hold Durov directly responsible as CEO. It should be noted that, in a recent press release from the Tribunal Judiciaire de Paris, the investigation was officially opened "against an unnamed person", so further action may be taken against the company itself.

Among the charges:

• Complicity in the administration of an online platform to enable an illicit transaction in an organized gang
• Refusal to provide, at the request of the authorized authorities, the information or documents needed to carry out and use the interceptions authorized by law.
• Conspiracy to possess an image of a minor of a child pornographic nature
• Conspiracy to distribute, offer or make available child pornography images as part of an organized gang
• Conspiracy to acquire, transport, possess, offer or sell narcotics
• Complicity in offering, transferring or making available, without a legitimate reason, equipment, instruments, programs or data designed or adapted for the purpose of interfering with or accessing the operation of an automated data processing system.
• Conspiracy to defraud in an organized gang
• Criminal conspiracy to commit a felony or misdemeanour punishable by at least 5 years' imprisonment
• Organized crime laundering
• Provision of cryptographic services to ensure confidentiality without a declaration of conformity
• Supply of a cryptographic device that does not exclusively perform authentication or integrity control functions without prior declaration
• Importation of a cryptographic device that does not exclusively perform authentication or integrity control functions without prior declaration

Some of these offences carry penalties of ten years' imprisonment and a fine of 500,000 euros.

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Internationally, reactions in favor of freedom of expression are virulent.

Durov's arrest triggered a wave of support among digital freedom advocates, with some calling the act "an attempt to crack down on online freedom of expression" (X). Influential figures such asElon Musk and Vitalik Buterin (co-founder of Ethereum) have expressed their concern, warning of the implications for the future of privacy and digital freedom.

Telegram also spoke out on X:

"Telegram's CEO Pavel Durov has nothing to hide and travels frequently in Europe. It is absurd to claim that a platform or its owner are responsible for abuse of that platform."

In between online petitions from Telegram users and free speech hacktivists, Telegram's cryptocurrency-linked company TON has also launched an open letter addressed to the French authorities, calling for Pavel Durov's immediate release.

In parallel, numerous "FreeDurov" operations have been launched since Pavel Durov's initial arrest: many French companies and government organizations have been the target of DDoS attacks or website defacements. These include local authorities, the media, and companies in the transport and energy sectors (among others).

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This case raises important questions for the digital world. How can privacy protection be reconciled with the need to fight online abuse? The next steps in this case will be closely scrutinized by regulators and free speech advocates alike.