Paris court explains why it arrested Telegram founder Pavel Durov

When Pavel Durov, founder and CEO of the messaging app Telegram, was arrested on August 24, French authorities did not respond to requests for comment. The secrecy of investigations and pre-trial inquiries is an important principle in the French justice system.

French television channel TF1 reported that the main problems were Telegram's (lack of) moderation processes and unwillingness to cooperate with law enforcement, especially when it came to drug trafficking, money laundering and child sexual abuse (CSAM) depictions.

But the Paris criminal court in charge of the investigation probably did not expect so much attention and speculation. Billionaire X owner Elon Musk posted “#FreePavel” on his own social networking platform. Edward Snowden – the NSA whistleblower and privacy activist – suggested that Durov's arrest was a political decision by French President Emmanuel Macron.

Given that Telegram is the most popular social app in Russia and Ukraine, it also became a hot topic for the Russian authorities and the Russian opposition.

The media frenzy surrounding the arrest explains why the court decided to issue a press release detailing the charges against Durov. According to this document, on July 8, the Paris prosecutor's office opened an investigation against Durov in connection with the fight against cybercrime.

The Center for Combating Cybercrime (C3N) and the National Anti-Fraud Office (ONAF) were involved in the investigation. A total of 12 charges were brought against “an unnamed person” – a classic French judicial term that refers to the person currently in charge of Telegram.

The fees can be divided into four categories:

• First, Telegram's founder was accused of complicity in storing and distributing CSAM content, facilitating drug trafficking, and organized fraud and other illegal transactions.
• Second, the court alleges that Telegram refuses to cooperate with law enforcement when they make a formal request for information or documents.
• Third, Durov faces several charges related to Telegram's cryptographic features, as they have not been officially declared or certified by the French authorities. According to law professor Florence G'sell, these appear to be minor offenses.
• Fourthly, Durov is accused of participating in a “criminal organization with the aim of committing a crime or misdemeanor punishable by five or more years in prison” and money laundering.

The allegations are both comprehensive and technical, and without access to the full investigation it is difficult to know their exact basis.

The charges related to CSAM content, drug trafficking, and fraud are likely related to Telegram's moderation processes. As a reminder, Telegram currently has 950 million monthly active users and few moderation tools and processes. In an interview with Tucker Carlson, Durov mentioned that only 30 engineers work on the social app.

As for the money laundering allegations, Telegram launched a digital currency called Stars last month. This currency can be used to buy digital content from other users. Stars can also be converted into Toncoin, the cryptocurrency Telegram uses for various paid features.

Telegram also has a built-in crypto wallet and Toncoins can be traded on various crypto exchanges and transferred to a bank account.

Today's indictment may cause investigators to suspect that Telegram failed to comply with “Know Your Customer” requirements related to some of its crypto features, which may have facilitated money laundering.

The sixth charge on the prosecutor's list is particularly difficult to decipher. “Complicity – offering, selling or making available without legitimate reason devices, tools, programs or data intended or adapted to gain access to an automated data processing system and damage its operation,” wrote prosecutor Laure Beccuau.

Given these charges, one thing is certain: Durov was arrested in the context of criminal proceedings.

His arrest was not related to the European Union's Digital Services Act (DSA) or other technology-specific regulations. Enforcing the EU's online governance rules could not lead to the arrest of a platform owner. (Note: Musk's X has been under investigation by the DSA since December and there is no risk of the tech mogul being taken into custody when his jet reaches EU soil.)

Macron has also officially stated that Durov's arrest was not a political move. In a post on X on Monday, the French president stressed that the judicial system in France remains independent of the executive.

“It is the task of the judiciary to enforce the law in complete independence,” Macron wrote. “The arrest of the president of Telegram on French soil took place in the context of an ongoing judicial investigation. It is in no way a political decision. It is for the judges to rule on this matter.”

What's next for Durov? French authorities can detain and question the Telegram founder for up to 96 hours – and that deadline is fast approaching. After that, the court must decide whether to formally charge him with some or all of the above charges.

If this is the case, the court will also decide whether pre-trial detention must be ordered as a security measure.

Because Durov lives primarily in Dubai, holds multiple passports and owns a private jet, they may conclude there is a significant risk that he will attempt to flee the country and keep him in custody for the duration of the proceedings.