By Gabriel Stargardter
PARIS (Reuters) -The investigation into Telegram boss Pavel Durov that has fired a warning shot to international tech titans was began by a small cybercrime unit throughout the Paris prosecutor’s workplace, led by 38-year-old Johanna Brousse.
The arrest of Durov, 39, final Saturday marks a major shift in how some international authorities could search to cope with tech chiefs reluctant to police unlawful content material on their platforms.
The arrest signalled the mettle of the J3 cybercrime unit, however the true check of its ambitions might be whether or not Brousse can safe a conviction based mostly on a largely untested authorized argument, legal professionals mentioned.
In an unprecedented transfer in opposition to a significant tech CEO, prosecutors argued Durov bears accountability for the alleged illegality on his platform, inserting him below formal investigation on organized crime fees. He’s suspected of complicity in operating an internet platform that enables the posting of kid intercourse abuse photographs, drug trafficking and fraud.
Durov’s lawyer mentioned on Thursday it was “absurd” for him to be held accountable and that the app abided by European legal guidelines, echoing an earlier assertion by Telegram itself.
Being positioned below formal investigation in France doesn’t indicate guilt or essentially result in trial, however signifies judges take into account there’s sufficient proof to proceed with the probe. Investigations can final years earlier than being despatched to trial or dropped. Durov is out on bail, however barred from leaving France.
Brousse’s unit started investigating Durov earlier this yr after seeing his app getting used for numerous alleged crimes, and rising annoyed by the “nearly whole lack of response from Telegram to judicial requests”, Paris Prosecutor Laure Beccuau mentioned on Wednesday.
Brousse declined to remark.
In an interview with newspaper Liberation in January, Brousse mentioned her workplace was overseeing a rising variety of probes involving Telegram and rival messaging app Discord, including that tackling crime on them was “one in all my battles”.
Jason Citron, Discord’s CEO, didn’t reply to a request for remark.
Brousse’s J3 cybercrime unit is France’s most vital, with licence to prosecute nationwide. However it is also small, with simply 5 prosecutors, properly under the 55-60 cybercrime prosecutors in Switzerland, a 2022 parliamentary report discovered. With restricted assets, they “prioritize essentially the most critical crimes”, Brousse instructed Le Figaro final yr.
Brousse mentioned in a 2022 podcast look she wished to be robust “so cybercriminals imagine that in the event that they assault France, they are going to be judged and punished very severely”.
“We wish individuals to be prosecuted, both of their nation … or in France by way of arrest warrants,” she mentioned.
Her workplace was used to “extraordinarily delicate circumstances”, she added. “Typically, authorized and geopolitical points intersect.”
Patrick Perrot, who coordinates AI-assisted probes on the French gendarmerie and advises the Inside Ministry’s cybercommand unit, mentioned the J3 had been modern in in search of to prosecute circumstances that set a global precedent.
“I feel it exhibits that you could’t do no matter you need with these platforms,” he instructed Reuters. “It is an actual query for the longer term, as a result of these platforms will not cease multiplying, so the problem of regulation is crucial.”
TOUGH LEGAL GROUND?
Brousse has led the J3 since 2020, which has given her oversight of one of the crucial vital – and controversial – French cybercrime circumstances ever.
In late 2020, the J3 took cost of the probe into Sky ECC, which alongside Encrochat was one of many important encrypted communications companies utilized by gangsters to purchase medication and weapons, or homicide rivals. Just a few years earlier, French, Dutch and Belgian police had hacked into their servers, which have been housed in northern France, giving French prosecutors jurisdiction over lots of the ensuing probes.
There have been greater than 6,500 arrests because the takedown of Encrochat in 2020, based on Europol, with the legality of the intercepts challenged in appeals courts throughout Europe.
Paul Krusky, the Canadian Encrochat boss, was extradited in February from the Dominican Republic to France, the place he now awaits trial. Attorneys for Sky ECC’s Jean-François Eap are contesting his French arrest warrant.
Stephane Bonifassi, Eap’s lawyer, mentioned his shopper was harmless, including that “Sky ECC was not conceived as a device for criminals, nor commercialized as such”.
Krusky’s lawyer, Antoine Vey, mentioned his shopper was harmless.
“The service arrange by Paul Krusky, like different companies which have loved international success, was solely meant to guard the privateness and freedom of change of its customers, and in no case to assist legal actions,” Vey mentioned in a press release.
Two different French legal professionals who’ve labored on Sky ECC and Encrochat circumstances instructed Reuters that these earlier probes gave prosecutors the ambition – and a blueprint – to focus on Durov.
Robin Binsard, who has fought Encrochat circumstances at France’s high court docket, mentioned prosecutors would wish to show that Durov knew and accredited of the criminality on the app, calling their argument “completely questionable”.
The truth that Telegram did not adjust to regulation enforcement requests “doesn’t robotically make one an confederate to a legal challenge”, he added.
Binsard mentioned it was clear “France is pursuing encrypted messaging suppliers”, and that different operators of such apps, equivalent to Sign, “ought to be involved about whether or not or not they’re in compliance with French rules. As a result of the message is obvious if they aren’t, authorized motion will happen”.
Sign didn’t instantly reply to a request for remark.
A supply on the Paris prosecutor’s workplace mentioned the Sky ECC probe had no hyperlinks to the Telegram investigation.
