Wikipedia

Arrest of Pavel Durov

On 24 August 2024, Russian-born billionaire Pavel Valeryevich Durov (Russian: Павел Валерьевич Дуров), a co-founder of the Telegram messenging app and the social network VK, was arrested by French officers at Le Bourget Airport customs outside Paris, immediately after exiting his private jet.[2] Durov's arrest was based on an arrest warrant issued by the French National Judicial Police in relation to a preliminary investigation, resulting in Durov being handed numerous complicity charges.[3][4][5]

Arrest of Pavel Durov
Portrait of Russian billionaire Internet entrepreneur Pavel Durov
Date24 August 2024 (2024-08-24)
Time20:00 (CEST)
LocationParis–Le Bourget Airport
CauseTelegram Messenger moderation policy
TargetPavel Durov
ParticipantsJulia Vavilova[1]
Trialanticipated

The arrest of a widespread platform's CEO due to issues with platform moderation was described by University of Toronto policy researcher John Scott-Railton as "unprecedented". It prompted protest and outcry from free-speech activists and Telegram channels against the French government.[6][7][8]

Background

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See also: Telegram (software) § Criticism, and Pavel Durov

Pavel Durov is a Russian-born French and Emirati Internet entrepreneur widely known for co-founding and being the chief executive officer (CEO) of Telegram Messenger, offering end-to-end encryption in voice and video calls.[9][10]

In 2018, Russia attempted to block Telegram, after the company refused to cooperate with Russian security services.[11] The block order was lifted in 2020, after two years of block attempts, which the service reportedly evaded using domain fronting. The stated reason was Telegram agreeing to "counter terrorism and extremism" on the platform.[12][13][14][15]

Due to Telegram's mixed nature as both a private communication method and a social media-like platform with mass groups and channels, along with its minimal restrictions on content with only calls to violence, illegal forms of pornography[16] and scamming forbidden, the platform has been used by organizations and large groups for recruitment and spreading of their agenda. Organized use of the app has been linked to pro-democracy protests in Belarus,[17] Russia,[18] Hong Kong[19] and Iran,[20] as well as to the dissemination of state propaganda and violent rhetoric in oppressive regimes, the promotion of extremist views, and the digitalization of services provided by government entities and private businesses.[21][22][23][24][25][26]

While Telegram made substantial efforts[27][28] to ban illegal content such as child abuse and pro-terrorist channels, including a partnership with Europol[29] to eliminate IS presence on the platform, communities of anti-vax, far-left, far-right, and other extremist users are still found on the app. Such content is usually linked to Telegram allowing misinformation on the platform, which Durov has justified by saying that, "In my 20 years of managing discussion platforms, I noticed that conspiracy theories only strengthen each time their content is removed by moderators."[30]

Due to Telegram's advanced end-to-end encryption[31] and ability to create separate channels to disseminate information from, the platform attracted several Russian propagandists and conspiracy theorists, with VSquare journalists referring to it as an "ecosystem for the radicalisation of opinion". The app was also used widely by far-right demagogues to coordinate and execute anti-immigrant riots and protests across the United Kingdom in late July to early August following the stabbing deaths of three children at a dance class in Southport. The Hope Not Hate anti-racism advocacy group referred to Telegram as the "app of choice" such far-right and anti-immigrant groups and "a cesspit of antisemitic content" due to its prominent lack of moderation and the platform's idleness towards trying to limit extremist rhetoric and acts.[31]

Arrest

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The arrest took place on 24 August 2024, in Paris at about 8 pm local time, when he exited his private jet on the runway at Paris–Le Bourget Airport at the end of a flight to France from Azerbaijan,[32][33] where it's speculated he met with Vladimir Putin[34]—however a source linked to Russian security forces claimed that Putin refused the meeting[35][36] and in a press conference Kremlin spokesperson, Dmitry Peskov, replied that Durov and Putin did not meet.[37][38][39] The arrest was carried out by the Air Transport Gendarmerie of France and by France's National Anti-Fraud Office investigators.[6]

Durov was accompanied by a woman and a bodyguard at the time of his arrest and, according to a source close to the case, was reportedly planning to have dinner in Paris. The same source noted that "perhaps he had a feeling of impunity", despite Durov probably being aware of the arrest warrant against him in France.[40][41] Reports also indicated that Durov was on the list of individuals wanted by French authorities, and his arrest was due to his failure to cooperate with judicial officials, including issues related to Telegram's activities.[3] According to media reports, a warrant was issued for Durov by the National Directorate of the Judicial Police of France in addition to. He was taken into custody, and will stand trial as a French citizen.[42][43][44][45][32] Although there was initially no official confirmation of Durov's arrest from French authorities, a police source stated that prior to Durov's arrival to Paris, French police noted that he was on the flight's passenger list with an arrest warrant on him, leading to them arresting him.[46] The warrant was issued in conjunction with the French agency Ofmin centered around preventing "violence against minors" while indicting those responsible, and coordinated with French judicial agencies in a preliminary probe into Durov on his alleged charges.[47]

French authorities claim that Telegram, due to its lack of moderation and the use of disposable numbers and cryptocurrencies, has become a breeding ground for fraudsters and other criminal activity. Durov will soon appear in court. He faces up to 20 years in prison. As of 25 August 2024, Durov is currently accused of complicity as well as negligence involving his Telegram service,[3] where serious crimes, including drug trafficking, child sexual exploitation, money laundering, concealment, and fraud, occur.[48] These charges were significantly complicated by encrypted messages, one of the European Union authorities' main factors that exacerbated the complicity charges. If Durov is convicted of the charges, he could face up to 20 years in prison. It is said that Durov had previously avoided traveling to Europe due to potential legal risks, and instead chose to travel to the United Arab Emirates and in South America.[3][42][43][44][45]

On 25 August 2024, the French judiciary system extended his initial detention from ending after 24 hours on the night of 25 August to ending after 96 hours, by which a judge must choose whether to let Durov go or indict him with charges.[47] One French investigator said "enough of Telegram's impunity" with regards to Durov's ambiguous reasoning for stopping in Paris despite having an arrest warrant in France.[31]

On August 27, prosecutors publicly charged Pavel Durov with twelve counts, including violations related to drug trafficking, child exploitation, money laundering and nine other crimes.[49]

University of Toronto senior researcher for Citizen Lab John Scott-Railton stated that the arrest of a CEO of a widespread platform by a government based on issues related to platform moderation was "unprecedented", and clarified that "arrests of employees of big platforms over moderation & access are rare".[6]

Analysis

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The Guardian reported that several people feared the arrest could result in other platforms, messaging apps, and social media networks, feeling it necessary to "over-moderate and over-censor" their platforms in order to prevent their employees or executives from being arrested and charged in a similar situation to Durov. Many also believed that the arrest would hasten the universal implementation of end-to-end encryption in order to make it more difficult for state authorities and intelligence agencies to uncover private and confidential information.[50]

The Conversation journalist Vivian Lam called Durov's arrest "an odd target" compared to the encrypted WhatsApp messenger app owned by Meta with thrice the users of Telegram and in addition to the increasing prevalence of hate speech and widespread provocative language regarding the 2024 UK riots on Twitter/X. She also noted that Durov did not appear to make any illegal content, and that instead his charges were related solely to him owning and operating the app, and thus "indirectly facilitating illegal content". She expressed that Durov's exceptional arrest may be in part from originating from Russia in the backdrop of its invasion against Ukraine and from not having United States citizenship. She also noted that Telegram was a widely used app across the world without having the amount of legal resources other tech companies have, making it easier for France to explore ways of "expanding regulatory frameworks" without suffering from significant legal action or controversy.[51]

She said that due to the international nature of messaging platforms, they necessarily face all the legal codes and challenges of all the countries they are used in, and that any restriction forced by one country significantly impacts the functionality across every other country, making regulation difficult to implement and making it easier for platforms to develop a "relatively strong sense of platform sovereignty". She stated that many recently implemented laws have attempted to control this, including the Media Freedom Act and Digital Services Act in the European Union, Australia's Online Safety Act and News Media Bargaining Code, and earlier pressure on Telegram by Russia to reveal pro-Ukrainian protesters and their plans coordinated on the app. She concluded by stating that if Durov were to be charged and prosecuted, that it would result in multiple nations beginning to conduct legal investigations into and take legal actions against international platforms and those own them, which in turn could lead to much more stringent moderation against potentially illegal content.[51]

Reactions

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Independent 2024 United States presidential candidate Robert F. Kennedy Jr., shortly after stepping down from his presidential campaign before endorsing Republican candidate Donald Trump, said on Twitter/X that the necessity of protecting freedom of speech "has never been more urgent". Similarly, billionaire and X Corp chairman Elon Musk quipped: "It's 2030 in Europe and you're being executed for liking a meme."[7] American entrepreneur and investor Balaji Srinivasan tweeted that Pavel Durov's "crime" "appears to be enabling free speech online". English-American entrepreneur Paul Graham, one of the founders of the startup accelerator Y Combinator, tweeted, "It's hard to imagine a country both arresting the founder of Telegram and being a major startup hub."[52]

Tucker Carlson, a right-wing American political commentator, spoke out on his Twitter/X social media page regarding the arrest of Pavel Durov, stating that the event illustrated the threat to freedom of speech in the modern world. Carlson noted that Durov was forced to leave Russia due to pressure from the authorities, and claimed that his arrest in France was an attempt by Western states to restrict independent platforms such as Telegram due to his claiming that he refused to censor information for the sake of governments and intelligence agencies.[53]

Ukrainian film director and producer Alexander Rodnyansky said that "Durov's arrest is a gift to Vladimir Putin", who, he said, could point to the arrest to show a lack of freedom of speech in Western countries.[54]

In a public statement made on Twitter/X, Former Permanent Representative of Grenada to the World Trade Organization (WTO) and cryptocurrency entrepreneur Justin Sun suggested the creation of a "FreePavel" decentralized autonomous organization and offered to donate US$1 million to the cause if it received enough community support.[55]

Natalia Krapiva, a lawyer at the digital rights group Access Now, said that French authorities could try to force Durov to provide Telegram's encryption keys to decrypt private messages, "which Russia has already tried to do in the past".[56]

In a public statement posted to Facebook, Lega Nord Deputy Prime Minister of Italy Matteo Salvini stated: "In Europe we are now under censorship ... Long live freedom, of thought and speech. Who will be the next to be gagged? The great (and inconvenient) Elon Musk?".[57]

Telegram

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Telegram released an official statement following its CEO's arrest: "Telegram abides by EU laws, including the Digital Services Act – its moderation is within industry standards and constantly improving... 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. We're awaiting a prompt resolution of this situation."[58]

In France

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On 26 August 2024, President of France Emmanuel Macron stated that there was "no political motive" for Durov's arrest, and called any statements to the contrary "false information". Macron's statements marked the first official direct acknowledgement of Durov's arrest from a French official.[59] Macron also said that, "More than anything else, France is committed to freedom of expression and communication, innovation and entrepreneurship." "In a state governed by the rule of law, on social networks as in real life, freedoms are exercised within a framework established by law to protect citizens and respect their fundamental rights."[60]

In Russia

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State responses

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Former President of Russia Dmitry Medvedev stated that he believed Durov "miscalculated" by trying to leave Russia and thinking that the police and secret services of other nations would be more permissive of his actions. He further stated that he believed that Durov attempted to become a "man of the world", remarking that with his arrest, "Durov should finally realize one cannot chose one's the fatherland" [sic].[61]

Russian international organization representative Mikhail Ulyanov, and multiple other Russian politicians immediately stated that France was taking actions like a dictatorship would. Ulyanov wrote on his Twitter/X profile: "Some naive persons still don't understand that if they play more or less visible role in international information space it is not safe for them to visit countries which move towards much more totalitarian societies." These statements were noted by Reuters journalists to be markedly similar to criticism the Russian government faced in 2018 when attempting to put a ban on Telegram.[7]

The Russian Ministry of Foreign Affairs reported that the Russian Embassy in France took steps in order clarify the circumstances behind Durov's apprehension.[62] The Russian embassy stated that as of 25 August 2024, France had "avoided engagement" regarding the circumstances and reasoning behind Durov's arrest, and that the embassy began conversations with Durov's lawyer.[61]

Russian politician Maria Butina, who was convicted in the U.S. of being an unregistered foreign agent, referred to Durov as a "political prisoner – a victim of a witch-hunt by the West" and asserted that his arrest by French and European authorities meant that "freedom of speech in Europe is dead". She further stated that Durov's arrest was done by the Western world to use Durov as a hostage to "blackmail Russia" and "all the users of Telegram" as means to take over control of the Telegram platform and block Russian networks and viewpoints from Western audiences.[63]

Russian lawmakers including Russian Duma Deputy Speaker Vladislav Davankov accused French authorities of arresting Durov for political purposes and in order to acquire confidential information from Telegram users in private chats and channels. He urged all Russian citizens to delete all private correspondence and personal information on the platform so that Western authorities could not exploit it. He further proposed that if France refused to release him from custody, that Russia should make "every effort" to relocate him to the United Arab Emirates or Russia based on his wishes.[64]

Accusations of Western espionage

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Russian newspaper Nezavisimaya Gazeta demonstrated fear that the possibility of France using the arrest to probe into private messages and provide them to defensive organizations such as NATO. Moskovskij Komsomolets explicitly feared that "Western intelligence services could obtain the messenger's encryption keys" and that "Telegram might become a tool of NATO" if Durov is forced by French prosecution and state law enforcement to de-encrypt chats that "contain a huge amount of vitally important, strategic information" so that French and European intelligence agencies can exploit them. It also stated that French authorities could forcibly shut down the platform and thus sever much of the communications and archived plans used by the Russian army, preventing them from planning and coordinating operations.[65]

Public responses

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Following Durov's arrest and detainment, Russian-American whistleblower Edward Snowden released several public statements strongly condemning the actions of French prosecutors:[46]

The arrest of [Pavel Durov] is an assault on the basic human rights of speech and association. I am surprised and deeply saddened that Macron has descended to the level of taking hostages as a means for gaining access to private communications. It lowers not only France, but the world.

— Edward Snowden

Ivan Zhdanov, the director of Navalny's Anti-Corruption Foundation, said that, "The charges of drug trafficking, pedophilia, and fraud look weak. This indicates that his arrest really is linked to his refusal to cooperate with the authorities."[54] Many Russian and pro-Russia public figures strongly condemned the arrest, with several pro-Russian bloggers calling for public protests and demonstrations in solidarity with Durov and against the governments of France and the European Union.[7]

Most of these protests were done individually to avoid triggering a Russian law outlawing unauthorized group protests by penalty of fifteen days in prison or a fine for a first offense. Among these, protesters demonstrated in front of the French embassy to Russia in Moscow, placing paper airplanes representing Telegram's logo around the building. One protester who held a sign saying for France to not "follow in Putin's footsteps" in reference to his restrictions on free speech was detained by Russian police officers.[66]

Several Russian Telegram channels about combat and war correspondence expressed significant outrage at Durov's arrest. Many of these channels circulated a photo showing a missile with "For Durov" written on its side. Other pro-war channels began to sell T-shirts with "#FreeDurov" printed on them. One of Russia's most popular military Telegram channels, Colonelcassad, wrote that, "We are currently living in a world where George Orwell's ideas have completely triumphed."[8]

In United Arab Emirates

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The UAE's Ministry of Foreign Affairs released a statement that said it was "closely following" the case of Pavel Durov, an Emirati citizen, and that it had "submitted a request to the French government to provide him with all consular services urgently".[67]

See also

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References

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  54. ^ a b "'A gift to Vladimir Putin' Public figures in Russia and beyond react to Telegram founder Pavel Durov's arrest". Meduza. 25 August 2024.
  55. ^ Sun, Justin (25 August 2024). "We should show the cryptocurrency industry's unity by organizing a #FreePavel DAO to help Telegram founder Pavel Durov legally gain freedom. I'll donate $1 million if it's created in a decentralized way with enough community support. @elonmusk @MarioNawfal". Twitter/X. Retrieved 25 August 2024.
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  64. ^ Melkozerova, Veronika (26 August 2024). "'Russians do everything via Telegram.' Pavel Durov's arrest upends Kremlin military comms". Politico. Retrieved 26 August 2024.
  65. ^ Rosenberg, Steve (26 August 2024). "In Russia, questions swirl over Telegram CEO's arrest". BBC. Retrieved 26 August 2024.
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  67. ^ "UAE weighs in on Telegram CEO Pavel Durov's detention by France". Al Jazeera. 26 August 2024.
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