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 take care of 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 shall be whether or not Brousse can safe a conviction based mostly on a largely untested authorized argument, legal professionals stated.
In an unprecedented transfer towards a serious tech CEO, prosecutors argued Durov bears accountability for the alleged illegality on his platform, putting him underneath formal investigation on organized crime fees. He’s suspected of complicity in operating a web-based platform that enables the posting of kid intercourse abuse photographs, drug trafficking and fraud.
Durov’s lawyer stated 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 underneath formal investigation in France doesn’t indicate guilt or essentially result in trial, however signifies judges contemplate there may be 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 “almost total lack of response from Telegram to judicial requests”, Paris Prosecutor Laure Beccuau stated on Wednesday.
Brousse declined to remark.
In an interview with newspaper Liberation in January, Brousse stated her workplace was overseeing a rising variety of probes involving Telegram and rival messaging app Discord, including that tackling crime on them was “one of my battles”.
Jason Citron, Discord’s CEO, didn’t reply to a request for remark.
Brousse’s J3 cybercrime unit is France’s most essential, with licence to prosecute nationwide. But it surely is also small, with simply 5 prosecutors, effectively under the 55-60 cybercrime prosecutors in Switzerland, a 2022 parliamentary report discovered. With restricted sources, they “prioritize the most serious crimes”, Brousse informed Le Figaro final yr.
Brousse stated in a 2022 podcast look she needed to be robust “so cybercriminals believe that if they attack France, they will be judged and punished very severely”.
“We want people to be prosecuted, either in their country … or in France through arrest warrants,” she stated.
Her workplace was used to “extremely sensitive cases”, she added. “Sometimes, legal and geopolitical issues intersect.”
Patrick Perrot, who coordinates AI-assisted probes on the French gendarmerie and advises the Inside Ministry’s cybercommand unit, stated the J3 had been revolutionary in looking for to prosecute circumstances that set a world precedent.
“I think it shows that you can’t do whatever you want with these platforms,” he informed Reuters. “It’s a real question for the future, because these platforms won’t stop multiplying, so the challenge of regulation is essential.”
TOUGH LEGAL GROUND?
Brousse has led the J3 since 2020, which has given her oversight of some of the essential – 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 fundamental encrypted communications providers utilized by gangsters to purchase medicine and weapons, or homicide rivals. A number of years earlier, French, Dutch and Belgian police had hacked into their servers, which had 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, in line with 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. Legal professionals for Sky ECC’s Jean-François Eap are contesting his French arrest warrant.
Stephane Bonifassi, Eap’s lawyer, stated his shopper was harmless, including that “Sky ECC was not conceived as a tool for criminals, nor commercialized as such”.
Krusky’s lawyer, Antoine Vey, stated his shopper was harmless.
“The service set up by Paul Krusky, like other services that have enjoyed global success, was only intended to protect the privacy and freedom of exchange of its users, and in no case to support criminal activities,” Vey stated in a press release.
Two different French legal professionals who’ve labored on Sky ECC and Encrochat circumstances informed 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 prime courtroom, stated prosecutors would want to show that Durov knew and authorised of the criminality on the app, calling their argument “totally questionable”.
The truth that Telegram did not adjust to regulation enforcement requests “does not automatically make one an accomplice to a criminal project”, he added.
Binsard stated it was clear “France is pursuing encrypted messaging providers”, and that different operators of such apps, akin to Sign, “should be concerned about whether or not they are in compliance with French regulations. Because the message is clear if they are not, legal action will take place”.
Sign didn’t instantly reply to a request for remark.
A supply on the Paris prosecutor’s workplace stated the Sky ECC probe had no hyperlinks to the Telegram investigation.
