Telegram Founder Arrested
Nadeem Badshah and Reuters (Hacker News, MacRumors, The Verge):
Pavel Durov, billionaire co-founder and chief executive of the Telegram messaging app, was arrested at the Bourget airport outside Paris on Saturday evening, TF1 TV said, citing an unnamed source.
[…]
Telegram offers end-to-end encrypted messaging and users can also set up “channels” to disseminate information quickly to followers.
One-on-one chats in Telegram are not encrypted by default and group chats never are. Telegram employees have access to every single message ever sent to every group.
I believe it is best to wait until there is a full description of the crimes French authorities are accusing Durov of committing before making judgements about the validity of this arrest.
[…]
One can quibble with Telegram’s choices. How appealing it is to be using an app which does not support end-to-end encryption by default is very much a user’s choice. But one can only make that choice if Telegram provides accurate and clear information. I have long found Apple’s marketing of iMessage deceptive. Telegram’s explanation of its own privacy and security is far more exploitative of users’ trust.
This post is inspired by the recent and concerning news that Telegram’s CEO Pavel Durov has been arrested by French authorities for its failure to sufficiently moderate content. While I don’t know the details, the use of criminal charges to coerce social media companies is a pretty worrying escalation, and I hope there’s more to the story.
There are some details here (Hacker News), but I don’t have a good understanding of the charges. Some questions that come to mind:
Was the arrest warrant secret? Otherwise, why would he land in France?
Every large service has a non-zero amount of CSAM and other criminal activity. Other than Megaupload, I haven’t heard of any that deliberately encourage such activity. How do they draw the line for moderation that’s good faith but not good enough?
Or is this a pretext and they have another reason for wanting to pressure Telegram into shutting down or revealing data?
It sounds like Telegram’s deceptive handling of encryption backfired—if it were actually encrypted they wouldn’t be able to moderate the content. Various governments try to get Apple to remove apps from the App Store, but they don’t seem to bother with iMessage because Apple’s hands are tied.
Yet, especially prior to Advanced Data Protection, Apple does—after the fact, through backups—have access to lots of iMessage conversations. Apple is happy to share them with law enforcement, but even if they weren’t it’s hard to imagine Tim Cook being arrested.
Telegram is a lot of things—a great place for open-source intelligence about war, a possible vector for child sex abuse material, and a hub for various scams and crimes—but it is absolutely not an encrypted chat app. Does Telegram provide an encrypted chat option? Yes, but it’s not on by default and turning it on isn’t easy.
[…]
Telegram is mostly about big group chats and channels where people share information with their fans.
Maybe the encryption issue is a distraction it’s mostly a Facebook-style social network. How would E2EE make sense there?
Previously:
- Criticism of Signal
- TikTok Ban
- Telegram Stuck in App Review
- Parler Removed From App Stores and AWS
- Apple Forces Telegram to Close Channels Run by Belarus Protestors
- Gab App Rejected by Google (and Apple)
- FBI Asks Apple for Secure Golden Key
Update (2024-09-09): Preston Byrne (via Hacker News):
Most countries do not have such a permissive regime. France is part of that group. In 2020, for example, the Loi Lutte Contra la Haine sur Internet (Law against hate speech on the Internet) in relation to which global Internet companies can be fined $1.4 million per instance, and up to 4% of their total worldwide revenue, for failing to restrict “hate speech” (which in the United States constitutes “protected speech”) from their websites. Similarly, Germany has its law, the Netzwerkdurchsetzungsgesetz or “Network Enforcement Act” (sometimes referred to as the “Facebook-gesetz” but more commonly referred to by its acronym, the NetzDG), in relation to which politically inflammatory content must come down or the government has the power to impose fines north of EUR 50 million.
[…]
If, however, the French are simply saying that Durov’s failure to police his users or respond promptly to French document requests is the crime (which I suspect is the case), then this represents a dramatic escalation in the online censorship wars. What it means is that European states are going to try to extraterritorially dictate to foreign companies what content those companies can and cannot host on foreign-based webservers.
If correct, this would represent a major departure from the U.S.-compliant approach most U.S.-headquartered social companies currently take, which has generally governed the global compliance strategies of most non-China social media companies, including any which offer greater or lesser degrees of full encryption on their services (Telegram’s “Secret Chats” feature, WhatsApp, and Signal among them). In brief, platforms thought that if they didn’t specifically intend their platforms to be put to criminal use, they’re unlikely to find themselves on the receiving end of criminal charges. That’s not true anymore, apparently.
[…]
Facebook’s popular encrypted messaging app WhatsApp has, famously, been used for years by the erstwhile non-state terror organization in, and now rulers of, Afghanistan, the Taliban. This fact was widely known by NATO generals and reported in the press during the Afghan war, and was even reported on again in the New York Times as recently as last year[…]
Pavel Durov said that he was lured to France by President Macron.
It turns out that the French president invited Durov to dine together. Pavel told about this during interrogation by the police, the French newspaper Le Canard Chainé claims.
But instead of lunch, Durov was met in France by local police.
Victor Goury-Laffont (Slashdot):
President Emmanuel Macron said Monday that the French government was not involved in the arrest of Telegram founder and CEO Pavel Durov.
On Monday, prosecutor Laure Beccuau issued a statement saying Durov was arrested “in the context of a judicial investigation” into a “person unnamed.” The wording leaves open the possibility that the unnamed person is someone else, but the prosecutor’s statement listed a raft of potential charges that may indicate what Durov could be charged with.
Barbara Surk and Angela Charlton (via Hacker News):
Preliminary charges under French law mean magistrates have strong reason to believe a crime was committed but allow more time for further investigation.
Telegram (via Hacker News):
Telegram abides by EU laws, including the Digital Services Act — its moderation is within industry standards and constantly improving.
[…]
It is absurd to claim that a platform or its owner are responsible for abuse of that platform.
Establishing the right balance between privacy and security is not easy. You have to reconcile privacy laws with law enforcement requirements, and local laws with EU laws. You have to take into account technological limitations. As a platform, you want your processes to be consistent globally, while also ensuring they are not abused in countries with weak rule of law. We’ve been committed to engaging with regulators to find the right balance. Yes, we stand by our principles: our experience is shaped by our mission to protect our users in authoritarian regimes. But we’ve always been open to dialogue.
Sometimes we can’t agree with a country’s regulator on the right balance between privacy and security. In those cases, we are ready to leave that country. We’ve done it many times. When Russia demanded we hand over “encryption keys” to enable surveillance, we refused — and Telegram got banned in Russia. When Iran demanded we block channels of peaceful protesters, we refused — and Telegram got banned in Iran. We are prepared to leave markets that aren’t compatible with our principles, because we are not doing this for money. We are driven by the intention to bring good and defend the basic rights of people, particularly in places where these rights are violated.
We at 404 Media have seen and reported on much of the illegal activity on Telegram with our own eyes. Telegram is widely and blatantly used in the open by drug dealers who advertise their products on Facebook and Instagram, hackers who sell credit cards in public groups, hacking crews that have begun to commit physical violence against each other, widespread fraud rings, and people who make and sell nonconsensual, AI-generated sexual content of celebrities, ordinary people, and minors.
Crucially, much of this content is not encrypted, because group chats on Telegram are not encrypted and because encryption is not enabled by default. It would be more accurate to call Telegram a messaging app on which a version of encryption can be enabled for certain chats if you want. It is not really an “encrypted messaging app.” Many of these devices and groups are advertised in the open, and many of these groups have thousands of users. In our experience, Telegram does very little to remove this sort of activity, and in many years of reporting on them, we can think of only one instance in which Telegram actually banned a group we sent to them.
[…]
It can be simultaneously true that Pavel Durov has enabled some of the worst things on the internet via Telegram but that his arrest partially on the grounds of “providing cryptology services” should be more broadly concerning.
The problem is, without more details, we have no idea what is actually being charged and what his alleged responsibility is. After all, we’ve seen other cases where people have been charged with sex trafficking, when the reality was that was just how law enforcement spun a refusal to hand over data on users.
On top of that, leaping to criminal charges against an exec over civil penalties for a company… seems strange. For that to make any sense, someone should need to show actual criminal behavior by Durov, and not just “his service hosted bad stuff.”
[…]
The other interesting point is how central Telegram has been to Russia’s war in Ukraine, for both sides.
Of course, Europol has also said that Telegram cooperates with its request for dealing with terrorism online. And other reports have talked about Telegram cooperating with German officials and handing over data on users.
[…]
Also, I have to remind folks that a little over two decades ago, France also put out an arrest warrant on Yahoo CEO Tim Koogle, charging him as a war criminal, because Yahoo’s auction site in the US (notably, not the French version) allowed people to sell Nazi memorabilia. Eventually he was acquitted.
Most people really, really do not understand the large amount of military traffic on Telegram, and the consequence of that during wartime... and how valuable that is to multiple nation-states around the world.
Strategic comms, soldier command and control, battlefield drone command and control, intel asset management.
Telegram’s ease of use, its huge public channels and the ability to encrypt private conversations have helped fuel its global appeal. Ukrainian President Volodymyr Zelensky used the app to rally his compatriots to repel the Russian invasion. Activists in Hong Kong turned to Telegram to organize demonstrations against a repressive law. In Belarus, pro-democracy forces used the platform to fight back against election fraud.
I would bucket the list of charges into four categories, each of which raise concerns.
[…]
It says there was a “refusal to communicate, at the request of competent authorities, information or documents necessary for carrying out and operating interceptions allowed by law.” This could be about encryption, and a refusal to provide info they didn’t have, or about not putting in a backdoor. If it’s either of those, that would be very concerning. However, if it’s just “they didn’t respond to lawful subpoenas/warrants/etc.” that… could be something that’s more legitimate.
[…]
In the end, though, a lot of this does seem potentially very problematic. So far, there’s been no revelation of anything that makes me say “oh, well, that seems obviously illegal.” A lot of the things listed in the charge sheet are things that lots of websites and communications providers could be said to have done themselves, though perhaps to a different degree.
Among the charges was an allegation that he refused to help French authorities wiretap users of the site who were suspected of crimes, Paris prosecutors said.
[…]
Prosecutor Laure Beccuau accused Durov, 39, of showing a “near-total absence” of replies to legal demands from officials looking for Telegram to help crack down on crime tied to its services.
He has since been released on €5 million bail, is not allowed to leave France, and must report to the police twice a week.
How much moderation should there be on social networks? What are the mechanisms for moderation? Who should be liable for what?
The dialog on answering these questions about moderation is broken because the most powerful actors are motivated primarily by their own interests.
Why should we allow governments to force companies to moderate the content shared through their services? Why should we be treating speech online any differently than speech spoken in person?
Should restaurants be forced to moderate the speech of their patrons? Should they be forced by their government to install microphones at each table to ensure their customers aren’t sharing misinformation or engaging in illegal activity? Of course not.
Should customers be told that they are only allowed to speak in a restaurant if they do so in code? Of course not.
It is important to more fully contextualize Telegram’s claim since it does not seem to be truthful. In 2022, Der Spiegel reported Telegram had turned over data to German authorities about users who had abused its platform. However, following an in-app user vote, it seems Telegram’s token willingness to cooperate with law enforcement on even the most serious of issues dried up.
I question whether Telegram’s multi-jurisdiction infrastructure promise is even real, much less protective against legal demands, given it says so in the same FAQ section as its probably wrong “0 bytes of user data” claim. Even so, Telegram says it “can be forced to give up data only if an issue is grave and universal enough” for several unrelated and possibly adversarial governments to agree on the threat. CSAM is globally reviled. Surely even hostile governments could agree on tracking those predators. Yet it seems Telegram, by its own suspicious “0 bytes” statistic, has not complied with even those requests.
Durov’s arrest presents an internal conflict for me. A world in which facilitators of user-created data are responsible for their every action is not conducive to effective internet policy. On the other hand, I think corporate executives should be more accountable for how they run their businesses. If Durov knew about severe abuse and impeded investigations by refusing to cooperate with information the company possessed, that should be penalized.
Max Read (via Hacker News):
But there are also limits to the “media company” as an analogy to explain them, or to understand their place in the world. More newsy coverage of Durov’s arrest has seemed to imply that the complaint underlying the specific charges is less the content viewable on Telegram and more his and his company’s unwillingness to assist French (and European) law enforcement in tracking down the people posting it, as the Times writes[…] If you accept this reporting of events, I suppose in somewhat indirect sense Durov’s arrest is a “free speech” issue, but it’s not really a “censorship” issue, as Carlson would have it.
Twelve days after he was arrested in France, Telegram CEO Pavel Durov has broken his silence with a 600-word statement on his Telegram account that blames “growing pains that made it easier for criminals to abuse our platform.”
[…]
While the vast majority of his statement today paints his arrest as surprising and unfair, he also admits that policing Telegram has become harder. Durov says it’s now his “personal goal” to “significantly improve things in this regard.”
Telegram has quietly removed language from its FAQ page saying private chats were protected and that “we do not process any requests related to them.”
[…]
In response, Telegram spokesperson Remi Vaughn says the app’s source code has not changed.
[…]
Earlier on Thursday evening, Durov issued his first public statement since his arrest, promising to moderate content more on the platform, a noticeable change in tone after the company initially said he had “nothing to hide.”
Durov says the service has stopped new media uploads to its standalone blogging tool, Telegraph, because it was “misused by anonymous actors.”
[…]
Telegram has also removed its People Nearby feature, which lets you find and message other users in your area. Durov says the feature has “had issues with bots and scammers” and was only used by less than 0.1 percent of users. Telegram will replace this feature with “Businesses Nearby” instead, allowing “legitimate, verified businesses” to display products and accept payments.
While 99.999% of Telegram users have nothing to do with crime, the 0.001% involved in illicit activities create a bad image for the entire platform, putting the interests of our almost billion users at risk.
That’s why this year we are committed to turn moderation on Telegram from an area of criticism into one of praise.
All this sounds like he was forced into some kind of deal, but it’s hard to say what’s changing in practice. Haroun Adamu notes a similar case with Telegram and Brazil in 2022.
