PARIS, Sept 17 (Askume) – When French prosecutors targeted Telegram boss Pavel Durov, they had a new law on their hands – a tough new law, with no equivalent internationally, that criminalises tech giants whose platforms allow illegal products or activities.
The so-called LOPMI law, introduced in January 2023, puts France at the forefront of countries taking a tough stance against crime-ridden websites . But the law is so new that prosecutors have not yet been able to convict anyone.
With the law still being tested in the courts, France’s pioneering efforts to prosecute individuals like Durov could fail if French judges shy away from punishing tech giants for alleged crimes on their platforms.
A French judge launched a formal investigation into Durov last month and accused him of several crimes, including “managing an online platform to allow an organized conspiracy to conduct illegal transactions” in 2023. The punishment is 1 million yuan.
Being subject to a formal investigation doesn’t mean you’re guilty or will definitely be prosecuted, but it does mean the judge believes there’s enough evidence to pursue the investigation. Investigations can go on for years before they move to trial or are dismissed.
Durov, who is free on bail, denies that Telegram is a “haven for anarchy.” Telegram said it “complies with EU law” and that “it is absurd to claim that a platform or its owners are responsible for abuse on that platform.”
In a radio interview last week, Paris prosecutor Laure Becqua praised the 2023 law as a powerful tool against organised crime groups, which increasingly operate online.
The law appears unique. Eight lawyers and academics told Askume they were unaware of such laws in other countries.
Adam Hickey, founder of the US Justice Department’s National Security Cyber Program and former deputy assistant secretary of the US Justice Department, said: “There is no equivalent crime in US law, and I am not aware of a similar crime in the Western world.”
Hickey, who is now at US law firm Mayer Brown, said US prosecutors could charge technology owners as “conspirators or aiders and abettors in crimes committed by users”, but only if there was evidence that “the operator intended for its users to engage in and facilitate” the criminal activity.
He cited the 2015 conviction of Ross Ulbricht for selling drugs on the Silk Road website. According to the US Department of Justice, US prosecutors argued that Ulbricht “intentionally operated Silk Road as a cybercriminal marketplace… beyond the reach of law enforcement”. Ulbricht was sentenced to life imprisonment .
Former US federal prosecutor Timothy Howard, who put Ulbricht in prison, expressed “doubt” that Durov would be convicted in the US without any evidence because he knew about the crimes on Telegram and was actively promoting these crimes – especially given Telegram’s massive size.
He said, “Based on my experience with the American legal system, I believe the French law is an ‘aggressive doctrine.'”
Michel Cézanne, a French internet law professor, said France enacted tougher laws when authorities became frustrated with companies like Telegram.
“It’s not a nuclear weapon. It’s a weapon that prevents you from being powerless against a platform that’s not cooperating,” he said.
strict laws
The 2023 law stems from a 2020 French Interior Ministry white paper , which called for more investment in technology to combat growing cyber threats.
This was followed by a similar law in November 2023, which included a measure to remotely activate the devices of people suspected of serious crimes to track their real-time location. France’s Constitutional Council has rejected a proposal to turn on the cameras and microphones of their devices so that investigators cannot be seen or heard.
Sadie Pourlon, a French lawyer specialising in communications technology law, said these new laws provide France with some of the toughest tools in the world to fight cybercrime, as demonstrated by Durov’s arrest in France.
Tom Holt, a cybercrime professor at Michigan State University, said LOPMI “can be a powerful and effective tool if used properly,” particularly in investigating child sexual abuse images, credit card smuggling and denial-of-service attacks.
The ambitious J3 cybercrime unit of the Paris prosecutor’s office was given new legislative powers to oversee the Durov investigation and has now become involved in some of France’s most high-profile cases.
In June, the J3 unit shut down the anonymous chat forum Coco, whose name had been involved in more than 23,000 legal proceedings since 2021, including crimes such as prostitution, rape and murder.
Coco played a central role in the current trial that has rocked France.
Dominic Pellicott, 71, is accused of recruiting dozens of men in Cocoa to rape his wife , whom they drugged and knocked unconscious. Pellicott, who is expected to testify this week, has pleaded guilty, while 50 others will face trial on rape charges.
Kokoa’s owner, Isaac Steidel, is suspected of committing the same crime as Durov: “providing an online platform that allows organized gangs to conduct illegal transactions.”
Stetter’s attorney, Julian Zanatta, declined to comment.
(1 USD = 0.8988 EUR)
