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French authorities are leveraging a new piece of legislation, known as the LOPMI law, in its legal action against Telegram CEO Pavel Durov.
When Durov was detained last month, authorities did so in the knowledge they had a new tool at their disposal to hold the billionaire entrepreneur to account.
The LOPMI law is a brand new, rigid piece of legislation, which was adopted in France in January 2023 to take direct action against online platforms enabling criminal activity, including the executives responsible for the websites.
Adam Hickey, a former US deputy assistant attorney who was instrumental in the creation of the Department of Justice’s national security cyber program, told Reuters: “There is no crime in U.S. law directly analogous to that (LOPMI) and none that I’m aware of in the Western world.”
LOPMI is thought to be a formidable weapon to target illicit activity online, but it is yet to be proven. The unique law is so recent that prosecutors have not yet secured a conviction to demonstrate the effectiveness of the law.
Durov was held as he entered Bourget airport, near Paris, following a flight from Azerbaijan. He faces charges, which Durov denies, over alleged offenses relating to his Telegram app, including drug trafficking, fraudulent transactions, and child abuse images.
Further charges claim Durov and Telegram did not cooperate with the police effectively, but the dual Russian and United Arab Emirates citizen hit back, stating his arrest was “misguided” and the allegations are “absolutely untrue”. He is now on bail.
Durov’s Investigation Does Not Guarantee a Criminal Trial
Durov’s formal investigation sees him face charges such as ‘complicity in the administration of an online platform to allow an illicit transaction, in an organized gang,’ which carries the threat of a prison sentence of up to a 10-years and a €500,000 fine.
That prospect won’t be taken lightly by tech moguls, but prosecutors will need to be satisfied there is enough evidence to follow through on the charges. A formal probe, like the one Durov faces, does not imply guilt or guarantee a criminal trial.
The investigation is likely to take some time yet, with further twists and turns ahead.
