France Employs Stringent, Unproven Cybercrime Law to Target Telegram’s Durov

By Gabriel Stargardter

PARIS – French prosecutors have turned their attention to Telegram founder Pavel Durov, armed with a powerful new law that imposes criminal liability on tech companies whose platforms facilitate illegal activities. The LOPMI law, introduced in January 2023, positions France as a leader among nations adopting a stronger approach toward websites associated with criminal behavior. However, the law is still new, and prosecutors have yet to achieve a conviction under its provisions.

As the law remains untested in court, France’s ambitious push to hold tech executives accountable could face challenges if judges are hesitant to penalize individuals for the actions of users on their platforms. Recently, a French judge placed Durov under a formal investigation, accusing him of various charges including "Complicity in the administration of an online platform to allow an illicit transaction, in an organised gang," which could lead to a maximum sentence of 10 years and a hefty fine.

Being formally investigated does not indicate guilt, nor does it guarantee a trial; it merely suggests that judges find sufficient evidence to warrant further inquiry. Investigations can often take years before reaching a resolution.

Durov, who is currently out on bail, has rejected claims that Telegram functions as an "anarchic paradise." The platform insists it follows European laws and argues that it is unreasonable to hold a platform or its owner accountable for user misconduct.

In a recent radio interview, Paris Prosecutor Laure Beccuau praised the 2023 law as a vital instrument against organized crime, which is increasingly migrating online. Notably, this law appears to be unique in its scope; many legal experts are unaware of any other country with comparable legislation.

One former U.S. official noted that under U.S. law, it would be challenging to pursue charges against a tech executive without evidence of intent to facilitate illegal activities. Past cases, such as the conviction of Ross Ulbricht, the operator of the Silk Road marketplace, highlight the necessity of demonstrating intent behind criminal actions on a platform.

Experts have differing opinions on the likelihood of Durov facing conviction. Some believe that without proof of his awareness and complicity in crimes on Telegram, a conviction would be difficult under the U.S. legal framework, especially given the platform’s large base of primarily law-abiding users.

The LOPMI law emerged from a 2020 white paper from the French interior ministry, which called for substantial investments in technology to combat growing cyber threats. This was followed by additional legislation in November 2023 aimed at empowering authorities to track serious crime suspects through real-time geolocation—though proposals to activate devices’ cameras were rejected.

These new laws have equipped French authorities with some of the world’s toughest tools for addressing cybercrime. For instance, the ambitious cybercrime unit at the Paris prosecutor’s office, which oversees the investigation into Durov, has already achieved notable success, such as dismantling the Coco forum—an anonymized chat platform tied to thousands of legal cases involving serious crimes.

In a high-profile case linked to Coco, a 71-year-old man stands accused of recruiting multiple individuals through the platform to commit rape. The owner of Coco faces similar charges to Durov for allegedly permitting illicit transactions via his platform.

As these legal developments unfold, the implications for tech executives and the broader landscape of online accountability are closely watched.