[VIDÉO] Selon nos informations, le fondateur et PDG de la messagerie sécurisée Telegram a été interpellé ce samedi soir à l'aéroport du Bourget. Pavel Durov, franco-russe de 39 ans, était accompagné de son garde du corps et d'une femme. - INFO TF1/LCI - Le fondateur et PDG de la messagerie Telegram ...
Justice considers that the absence of moderation, cooperation with law enforcement and the tools offered by Telegram (disposable number, cryptocurrencies, etc.) makes it complicit in drug trafficking, child crime offenses and fraud.
Same reason Russia wanted to arrest him, failure to do the government's bidding.
Not really comparable because the illegal content is hosted and distributed through his servers. Which is why most sites are moderated to a degree. This dude basically said "fuck off" whenever takedowns were issued. It's hardly a surprise that he's been arrested.
Illegal content is distributed through snail mail and telephones too, but those are common carriers so they aren't liable. Why should Telegram be any different?
The rental company, on the other hand, is more than willing to turn you in to not be considered liable. Which they probably would be if they impeded an investigation.
Your modified analogy is broken, since it is impossible for an encryption service to provide the information being subpoenaed by definition. You wouldn’t claim Hertz is “impeding an investigation” by failing to use telepathy. Damn but authoritarians are stupid.
If the CEO of Lyft got repeated warnings that this very thing was happening and ignored them willfully, then yes. In the end he has nobody to blame but himself. It's no different from hosting a file sharing platform without ever vetting the content and wondering why the cops show up one day. The stupidity of going to France knowing that you're a wanted man in a number of countries is just the cherry on top.
Well, telegram has public and private conversations. So in this example, you'd know because they were having trafficking parties on their front yard and the police of multiple countries notified them to let them know. And then you were aware of this issue so you purposely avoided being in numerous countries that want to arrest you. Seems like he knew.
I mean depending on the crimes, yeah. If a child porn ring runs out of your building and you're alerted to its continued existence, and the police are asking who lives there and you don't tell them and keep renting to them? Yeah.
Governments nowadays are constantly acting like a tech platform has a responsibility eliminate privacy for users because if they have privacy, then they can't be tracked. It's infuriating.
has nothing to do with Russia, according to the linked article
Pourquoi était-il sous la menace d'un mandat de recherche ?
La Justice considère que l’absence de modération, de coopération avec les forces de l’ordre et les outils proposés par Telegram (numéro jetable, cryptomonnaies…) le rend complice de trafic de stupéfiants, d’infractions pédocriminels et d’escroquerie.
Ce mandat de recherche courait si, et seulement si, Pavel Durov se trouvait sur le territoire national.
En effet, Telegram est une ruche pour les contenus criminels. En ce moment, la plateforme fait l'actualité avec la diffusion illégale des matchs de Ligue 1. Mais sur cette messagerie chiffrée, de nombreux comptes sont utilisés par la criminalité organisée. Au-delà du terrorisme, les plus dangereux pédocriminels communiquent sur Telegram pour échanger des contenus. "C'est devenu depuis des années LA plateforme numéro 1 pour le crime organisé", commente un enquêteur.
Several of the defendants were questioned about their use of tools and software such as Signal, Tor and Tails, and about the encryption of their computers and hard drives. The questioning followed the same pattern as the prosecution’s investigations, which we revealed a few months ago: a huge amount of confusion as to the technical understanding of these tools combined with a suspicious approach to their actual use. Three defendants were questioned about their motivation for using such software, as if a well-argued justification was needed, even though the tools are perfectly normal, legal and ordinary.
“It is possible and not forbidden to have these tools, but we can ask ourselves why dissimulate information” the president of the court stated. Suspicion of clandestinity coupled with little knowledge of the subject was evident in their questions: “You explain that the use of this ‘kind of network’ [Signal] was to preserve your privacy, but are you afraid of being monitored?”. Or: “Why did you think it was important or a good idea to find out about this ‘kind of environment’ [the Tails operating system]?”.
As the CEO he should be responsible for anything he was facilitating as part of his business, and that would include crimes committed using telegram that he was aware of and both did nothing to remove from his service and made it harder for law enforcement to prosecute. You know, like how a warehouse owner who knowingly sells space to pedos and does what he can to keep the police from searching the warehouee is complicit.
There are some circumstances where they are unaware or only take halfhearted measures, but in this case it looks like he is being investigated for actively working to enable criminals, including pedos. As the head executive, he doesn't have to do it personally if he is directing staff to make it happen.
Edit: explaining the logic behind something isn't the same as agreeing with that logic
I'm sorry, but it's a private messaging app! Not even the owners are supposed to know what is going on in the chats. It's not a moderation situation - I don't know if he rejected a request to ban accounts, but it isn't how things are supposed to be.
Isn't the main problem that most people don't use the E2E encrypted chat feature on Telegram, so most of what's going on is not actually private and Telegram does have the ability to moderate but refuses to (and also refuses to cooperate)?
Something like Signal gets around this by not having the technical ability to moderate (or any substantial data to hand over).
Exactly. Telegram has a ton of public channels full of content that is illegal in most EU countries and refuses to comply with any local laws on things like hate speech. They know perfectly well what their platform is used for, they just don't care. It would be a wildly different case if everything were E2E encrypted by default.
Well, the French police seem to be saying the way he is running the company involves being knowingly complicit, not that they just happen to be hosting/facilitating communication without the company's knowledge.
They could be wrong, but this is part of the process of finding out.
“Laws are threats made by the dominant socioeconomic-ethnic group in a given nation. It’s just the promise of violence that’s enacted and the police are basically an occupying army. You know what I mean?”
That is the point of E2EE. If anyone but the sender and receiver can see the messages then it's not E2EE. This is the part that politicians and governments don't understand (or just ignore). The idea that some designated authority can look at the messages when needed is entirely at odds with E2EE. It's as valid as true = false or 2 + 2 = cat.
On the other hand, the app does nothing to inform them about the “Secret Chat” option. Once a user kick-starts a new chat, Telegram stays silent about options other than the default.
Look, if this was an app that allowed for E2EE on all communication and did not store any of the communication on some company's servers I would be saying France is completely 100% wrong. France is wrong in saying the encryption is the problem, but they are partially right about Telegram not complying with legal requirements as it does not encrypt all communication and it should be obligated to comply with criminal investigations just like they would be obligated if they were a mail delivery service.
Just because something is on the internet doesn't mean it isn't subject to warrants. If a company can be compelled to provide written documentation in their possession, the same is true for electronic. That company should not be obligated to undermine their own encryption though.