CEO and founder of messaging app Telegram, Pavel Durov, was recently arrested in France over allegations that Telegram facilitates illegal activities, including money laundering, drug trafficking, and the distribution of child sexual abuse material. 

Pavel Durov 

Pavel Durov is a 39-year-old Russian-born billionaire tech entrepreneur, known for founding the social networking site VKontakte (VK) and later (2013), the messaging app Telegram. Durov gained a reputation for his commitment to freedom of speech and user privacy. After being ousted from VK due to conflicts with Russian authorities, he focused on Telegram, which is known for its strong encryption and privacy features, making it a preferred platform for those who value security. Durov, who holds citizenship in several countries, including France and the UAE, claims that Telegram has 950 million monthly active users. Also, Telegram has recently seen an increase in downloads, propelling it to no. 2 position on the U.S. App Store’s Social Networking charts (and boosting its global iOS downloads). 

Somewhat bizarrely, Durov also made the news in June following claims he made on Telegram about having fathered over 100 biological children following a donation of sperm at a clinic 15 years ago to help a friend have a baby. 

Arrest 

On August 24, Mr Durov was arrested by French authorities (in an extended detention until August 28), then released on a €5.6 million bail but remains under judicial supervision (reporting to the police regularly and remaining within French territory). The Paris-based prosecutors stated that Pavel Durov is under formal investigation for 12 alleged offences, including: 

– Assisting in the management of an online platform that facilitates illegal transactions by organised crime. 

– Failing to cooperate with authorities (by not providing necessary information or documents). 

– Being complicit in the possession and distribution of child pornography. 

– Involvement in drug-related activities, e.g. acquiring, transporting, and selling narcotics. 

– Participating in organised fraud. 

– Money laundering (related to proceeds from organised crime). 

– Using unauthorised cryptographic tools and providing encryption services without proper certification. 

– Involvement in activities that could damage automated data processing systems. 

In the French legal system, being under formal investigation means that there is sufficient evidence to warrant further inquiry, but it does not imply guilt or necessarily lead to a trial. 

Telegram – Like Having The Dark Web In Your Pocket 

One indication of how much Telegram may currently used by those involved in criminality and perhaps how there is room for better moderation comes in the form of criticism by podcaster Patrick Gray who, for months, has been describing Telegram as “the dark web in your pocket”. In fact, a recent BBC investigation (by cyber correspondent Joe Tidy), highlighted how Telegram users can (without their consent) become added to many different active illegal groups. These included a ‘Card Swipers group’ apparently selling stolen cloned credit cards (shipping worldwide), the ‘Drugs Gardens official’ group selling marijuana and illegal vapes, and a number of other groups where it seems members can buy fake vouchers, gift cards, passports, driving licences, prescription drugs, malicious software, guns, and more! 

The report of the BBC’s investigation also included an allegation by Brian Fishman, co-founder of the Cinder software platform, that Telegram “has been the key hub for Isis for a decade” and that “it’s ignored reasonable law enforcement engagement for years”. 

Why Now? 

The timing of the French government’s actions against Pavel Durov and Telegram can be attributed to a combination of legal, political, and contextual factors, including: 

– Recent legal and regulatory developments in France and the EU, placing increased emphasis on the responsibility of digital platforms to prevent illegal activities. Telegram’s strong encryption and large group capabilities, which allow up to 200,000 members per group have raised concerns about the platform being used for illegal activities such as money laundering, drug trafficking, plus the distribution of child sexual abuse material. 

– Telegram’s commitment to user privacy and its resistance to moderating content or cooperating with law enforcement have made it a focal point for governments concerned about security, i.e. a political matter. Durov’s advocacy for free speech, along with his previous comments in interviews indicate that he would refuse certain requests from authorities to remove content from Telegram, plus the platform’s reputation as a haven for privacy (and end-to end to end encryption making it closed to government scrutiny or control) have made it a target for authorities. As with the UK for WhatsApp, the French government would dearly love to gain some kind of back door access and/or be able to exert control over digital communications like Telegram, especially considering broader geopolitical tensions and concerns about government overreach.  
 
– It’s also been suggested by Russian politician Vyacheslav Volodin that the US may be behind Durov’s arrest due to the fact that Telegram is widely used in Russia and Ukraine and is one of the few large internet platforms that the US has no influence over. 

– Telegram’s features mean it is a platform where disinformation, extremist content, and other illegal activities can thrive. The app’s weaker moderation policies (compared to other platforms) appear to have led to its usage by far-right groups and other extremists, which, not surprisingly, has drawn the attention of authorities. Incidents such as the use of Telegram to organise the recent violent disorder in UK cities have heightened scrutiny, pushing governments to take action against platforms that they believe facilitate such behaviour. 

These factors combined have therefore culminated in a situation that has tipped the balance and made the French authorities act. 

What Does Durov Say? 

David-Olivier Kaminski, Durov’s lawyer, has stated that Telegram fully adheres to European digital laws and maintains content moderation standards comparable to other social media platforms. He has also argued that it is “ridiculous” to claim that Durov is connected to any “criminal activities that do not relate to him, either directly or indirectly.” 

Support From Elon Musk 

Durov has received support from another tech billionaire, Elon Musk, who expressed support for Durov following his arrest, thereby highlighting the growing concern among some tech leaders regarding issues of privacy and freedom of speech. Musk, known for his own advocacy of free speech and minimal regulation on digital platforms, appears to view Durov’s legal troubles as part of a broader struggle against governmental overreach into digital communications. Musk’s support could, therefore, be seen as part of a larger narrative involving tech (billionaire) entrepreneurs defending against what they perceive as unjust government actions against certain platforms. 

Other Perspectives 

Several prominent figures have defended Durov following his arrest, highlighting concerns about privacy and free speech. In addition to Elon Musk, who argued that “moderation” is often just another term for censorship and called for Durov’s release, Chris Pavlovski, founder of the free-speech-oriented platform Rumble, has also voiced his concern.  Pavlovski has noted that Durov’s detention influenced his decision to leave Europe, which reflects broader fears among tech entrepreneurs about government overreach. 

Edward Snowden, the famous whistleblower (now living in Russia), also condemned Durov’s arrest as an assault on basic human rights, accusing French authorities of trying to gain access to private communications under the guise of security. These reactions highlight a broader anxiety among privacy advocates about government efforts to restrict encrypted communication platforms like Telegram, viewing such actions as threats to freedom of speech and digital autonomy. 

What Does This Mean For Your Business? 

The arrest of Pavel Durov and the scrutiny of Telegram may signify a turning point in the debate over digital privacy and security. For businesses, this means a closer examination of the platforms they use for communication and the potential risks associated with them. Companies must consider the legal and ethical implications of using platforms that could come under government scrutiny for allegedly enabling illegal activities. Businesses need to ensure they are compliant with local regulations and are prepared to adapt to changing laws that might impact how they use these digital communication tools. 

For platforms like Telegram, WhatsApp, and other similar messaging services, this incident highlights the challenges of balancing user privacy with regulatory compliance. These platforms, known for their strong encryption and large user bases, will likely face increased pressure to cooperate with law enforcement agencies or risk similar legal challenges. The scrutiny suggests that governments worldwide are now very keen to regulate digital communications more tightly, potentially forcing platforms to reconsider their privacy policies and moderation practices. 

This broader trend reflects a global effort by governments to control speech and access to information under the pretext of fighting illegal activities. For platforms, it presents a double-edged sword. For example, while strong security features are essential for protecting dissidents and activists, these same features are viewed as obstructing law enforcement. Platforms must, therefore, find ways to navigate this complex environment and attain a kind of balance (which is likely to fluctuate) between safeguarding user privacy and meeting regulatory expectations to avoid legal repercussions. 

For secure messaging platforms, it may now be a case of evaluating their current moderation practices and security features to ensure they can address both user privacy concerns and regulatory requirements. Platforms like Telegram may now have to engage more with policymakers (or at least appear to) and develop strategies that protect users while complying with laws designed to prevent illegal activities. Striking the right balance will be crucial in maintaining user trust and avoiding legal challenges, which could significantly impact their operations and reputation.