Pavel Durov’s arrest suggests that the law enforcement dragnet is being widened from private financial transactions to private speech.
The arrest of the Telegram CEO Pavel Durov in France this week is extremely significant. It confirms that we are deep into the second crypto war, where governments are systematically seeking to prosecute developers of digital encryption tools because encryption frustrates state surveillance and control. While the first crypto war in the 1990s was led by the United States, this one is led jointly by the European Union — now its own regulatory superpower.
Durov, a former Russian, now French citizen, was arrested in Paris on Saturday, and has now been indicted. You can read the French accusations here. They include complicity in drug possession and sale, fraud, child pornography and money laundering. These are extremely serious crimes — but note that the charge is complicity, not participation. The meaning of that word “complicity” seems to be revealed by the last three charges: Telegram has been providing users a “cryptology tool” unauthorised by French regulators.
It IS the point. If Telegram was designed and set up as a pure carrier of encrypted information, no one could/should fault them for how the service is used.
However, this is not the case, and they are able to monitor and control the content that is shared. This means they have a moral and legal responsibility to make sure the service is used in accordance with the law.