French Prosecutors Target Telegram Boss Pavel Durov Using Tough New Law

Paris, France – French prosecutors have intensified their scrutiny of Pavel Durov, the founder of Telegram, leveraging a stringent new law that criminalizes tech leaders whose platforms facilitate illegal activities. This law, known as the LOPMI (Law on the Orientation and Programming of Internal Security), was enacted in January 2023 and represents a pioneering approach in the fight against online crime.
The LOPMI law positions France at the forefront of international efforts to hold tech executives accountable for criminal activities occurring on their platforms. It criminalizes the management of online services that are used to conduct illegal transactions or activities, with potential penalties including significant fines and prison sentences. For Durov, the charges include “complicity in the administration of an online platform to allow an illicit transaction, in an organized gang,” which could lead to a 10-year prison term and a fine of up to 500,000 euros ($556,300).
Despite the law’s potential, it remains largely untested in court, with no convictions secured under its provisions as of yet. This uncertainty could pose risks for France’s ambitious legal strategy. There is concern that the French judiciary may hesitate to impose penalties on tech leaders for alleged misuse of their platforms, especially given the law’s novel and controversial nature.
Durov, who is currently out on bail, has vehemently denied the accusations, describing Telegram as a platform that adheres to EU laws and rejecting claims that it functions as an “anarchic paradise.” He argues that it is unreasonable to hold a platform or its owner responsible for the misuse of the service by its users.
Paris Prosecutor Laure Beccuau defended the LOPMI law in a recent radio interview, emphasizing its utility in combating organized crime groups that operate online. She hailed the law as a crucial tool for modern law enforcement, though its unique provisions set it apart from legal frameworks in other countries.
Legal experts have noted that the LOPMI law is unprecedented in its scope. Adam Hickey, a former U.S. deputy assistant attorney general, pointed out that there is no direct equivalent in U.S. law. While U.S. prosecutors can charge tech executives as co-conspirators in criminal cases involving their platforms, this typically requires clear evidence of deliberate facilitation of illegal activities. Hickey cited the 2015 conviction of Ross Ulbricht, the operator of the Silk Road, as an example of how U.S. authorities have approached similar cases.
French professor of cyber law Michel Séjean described the LOPMI law as a necessary measure in response to frustration with platforms that do not sufficiently cooperate with authorities. He stressed that while the law is a significant tool, it is intended to address the challenges posed by platforms that have been resistant to oversight.
As the investigation into Durov continues, the outcome could have profound implications for how digital platforms are regulated and held accountable worldwide. For ongoing updates on this case and its broader impact on tech regulation, stay connected to our website.