One detail that's missing from the English article is why he got arrested.
The French article mentions:
Why was he under threat of a search warrant?
The Justice considers that the absence of moderation, cooperation with law enforcement and the tools offered by Telegram (disposable numbers, cryptocurrencies...) makes him an accomplice to drug trafficking, child-crime offenses and swindling.
Private messages aren’t end-to-end encrypted either. The so-called secret chats are end-to-end encrypted but are a major pain to use. I doubt that feature sees much use.
As said before: the whole E2E, CSAM diskussion is not really the issue here. This is afaik about complying mostly to very specific takedown requests (as telegram offers no legal address inside the EU) and more general platform regulations that require mechanisms to prevent illegal content. Telegram does not offer any E2E encrypted group chat and actually actively interferes in groups by pushing advertisements, so they should be able to also block illegal content.
Having said that I am no fan of installing law enforcement inside private companies. However, telegrams noncompliance with court orders is problematic particularly related to protecting human rights of 3rd parties in the digital age.
It means complying with an order from a judge. Just like every other social media or really any form of communications (including emails, phone calls, letters) that operate in France (and in the EU) do.
If you think the governments of the world do not have the metadata of every single phone call and at the very least an outside picture of every letter being sent by non-companies, then I have a boat te sell you.
The post office and the phone company refuse to cooperate with law enforcement and offer disposable phone numbers and means to move money without trace/attribution?
Just because he is the CEO doesn’t mean he is directly liable. The company is a separate entity. I don’t see anyone arresting Elon or other CEOs because of “not enough moderation.” Most actions are to block platform access. There must be something else for sure.
Twitter doesn't encrypt messages, so there is indeed no chance of that happening - after all the reasoning for this arrest is fundamentally inapplicable to Twitter.
It's however a very very very slippery slope to prosecute someone for providing the tools to hold encrypted communication, just because this is also used by criminals. A lot of privacy oriented services would probably have to exit France if this holds up
by default telegram doesn't encrypt anything. I'm not sure if you where implying that telegram had encryption and therefore hiding illicite activities.
The problems is the huge telegram channels spreading hacks and illicite tricks.
I don’t know in France, but at least in Italy companies are not a shield for penal responsibility; crimes are always committed by persons. If a company does something criminal, someone is responsible for that decision within the company, and that could be the CEO.
Elon Mustk is a very important person; Tesla, SpaceX, Starlink, Twitter. He provides services to the military with the Starlink and he is deeply connected to the state with SpaceX.
On the other hand Pavel Durov is "homeless". He is like a normal citizen.
If a court orders twitter to take down a tweet, and twitter doesn't comply,
then I believe anybody that is responsible for that inaction, including Elon if he was aware and didn't act may be tried
> TF1 and BFM both said the investigation was focused on a lack of moderators on Telegram, and that police considered that this situation allowed criminal activity to go on undeterred on the messaging app.
So they're going for the ISPs too, then? Considering the drug traffickers, child crime offenders and swindlers were actually paying the ISPs, NOT telegram.
The French article mentions:
Why was he under threat of a search warrant?
The Justice considers that the absence of moderation, cooperation with law enforcement and the tools offered by Telegram (disposable numbers, cryptocurrencies...) makes him an accomplice to drug trafficking, child-crime offenses and swindling.