One year after the arrest of Pavel Durov, the CEO and co-founder of Telegram, the incident has sparked strong protests from free speech advocates and raised concerns about the future of platform governance.
On August 24, 2024, Durov was arrested by the French National Judicial Police at Paris-Le Bourget Airport as part of an investigation. He was subsequently charged with 12 counts related to serious crimes allegedly committed by users of his platform.
In a recent interview, Durov expressed confusion and frustration regarding the case. Free speech advocates have harshly criticized the arrest, stating it has significant implications for freedom of expression and the development of platforms.
A year has passed with little progress in the case, and users' privacy on messaging platforms faces new challenges.
Last year, the French Office for Minors (Office des Mineurs, OFMIN) — the criminal enforcement agency responsible for combating crimes against minors — issued an arrest warrant during a preliminary investigation into Telegram, leading to Durov's arrest.
Investigators stated that Durov was charged with multiple offenses, including fraud, drug trafficking, cyberbullying, and organized crime, due to Telegram's lack of content moderation.
Telegram stated in a press release that the company complies with EU laws, including the Digital Services Act, and that its content moderation aligns with industry standards.
The TON Society, the organization behind The Open Network, which is based on Telegram's former blockchain project, called the arrest a "direct attack on fundamental human rights." Notable whistleblower Edward Snowden accused French President Emmanuel Macron of "taking hostages to obtain private communications."
Durov did not break his silence until September 2024. In a statement on Telegram, he said the company is "prepared to exit markets that do not align with our principles." He also expressed surprise at his arrest, as Telegram reportedly has various mechanisms for cooperating with authorities.
Durov mentioned that the arrest has personally affected him, revealing that his partner, Julia Vavilova, suffered a miscarriage due to the pressure from the investigation.
He did not appear in court until December. A few months later, he was granted limited freedom to travel to the United Arab Emirates for business, but the case in France is still ongoing.
In a June interview with Tucker Carlson, Durov clarified that he is not currently on trial but is required to appear before a so-called "pre-trial judge," whose role is to "determine whether there is enough evidence for him to stand trial."
He stated that the current requirement for him to remain in France is "very strange and completely unnecessary," as he is only required to appear in court every few months. He hopes this situation can be resolved or at least that travel restrictions will be lifted in the coming months.
As of August 24, the investigation is still ongoing.
Durov's case comes at a time when regulators around the world are intensifying scrutiny of encrypted messaging services.
Denmark, currently holding the rotating presidency of the EU Council, has proposed a bill requiring encrypted messaging platforms, including WhatsApp, Signal, and Telegram, to scan every message, photo, and video sent by users.
The bill, titled "Regulation on the Prevention and Combat of Child Sexual Abuse," has been criticized as "chat control." Reports indicate that the bill has the support of 19 out of 27 member states. To pass, it needs the backing of at least 15 countries, with those countries' populations accounting for over 65% of the EU's total population.
The European Crypto Initiative has called on citizens to contact members of the European Parliament and stated that it will engage directly with regulators in September.
Durov stated that he would rather see Telegram exit certain markets than comply with regulations that violate the company's privacy ethical principles.
"Telegram would rather exit the market than undermine encryption and violate fundamental human rights through backdoor means. Unlike some competitors, we will not sell privacy for market share," he said.
In Durov's homeland of Russia, the government has cracked down on encrypted messaging apps, banning WhatsApp and Telegram on the grounds that these platforms are used for fraud and terrorist activities. The government has also banned Facebook, Instagram, and X.
As an alternative, the Russian government has developed the Max messaging app and the social media platform VK, which was created by Durov himself. Durov left VK in 2014 after refusing to provide user data related to protesters against pro-Russian President Viktor Yanukovych in Ukraine.
Reports indicate that Max directly integrates government services and P2P payment functions. However, there are allegations that the app stores user data, including contact lists, metadata, IP addresses, and timestamps, and provides this data to authorities. Starting September 1, phones sold in Russia will come pre-installed with this app.
Globally, encrypted messaging apps are facing increasing pressure to compromise on privacy. Whether in increasingly authoritarian countries or due to legitimate concerns for child safety, once user privacy is stripped away, it is difficult to restore. Although Durov's case is progressing slowly, it will undoubtedly have far-reaching implications for the regulation of messaging apps and their development.
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Original: “One Year Since Durov's Arrest: A Review of Events and Future Outlook”
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