Telegram’s Pavel Durov faces criminal probe in France under LOPMI law

Durov is under investigation for ‘complicity in the administration of an online platform to allow an illicit transaction in an organised gang,’ facing a potential 10-year sentence and a €500,000 fine.
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France has taken a bold legal step with its new law, targeting tech executives whose platforms enable illegal activities. The pioneering legislation, enacted in January 2023, puts France at the forefront of efforts to curb cybercrime. The law allows for criminal charges against tech leaders, like Telegram CEO Pavel Durov, for complicity in crimes committed through their platforms. Durov is under formal investigation in France, facing potential charges that could carry a 10-year prison sentence and a €500,000 fine. He denies Telegram’s role in facilitating illegal transactions, stating the platform complies with the EU regulations.

The so-called LOPMI (Loi d’Orientation et de Programmation du Ministère de l’Intérieur) 2023-22 law, unique in its scope, is yet to be tested in court, making France the first country to target tech executives in this way directly. Legal experts point out that no similar laws exist in the US or elsewhere in the Western world.

What is LOPMI?

The LOPMI law for the Ministry of the Interior outlines a €15 billion plan over five years to address future security challenges by enhancing human, legal, and budgetary resources. It aims to modernise operations through digital transformation, with nearly half the budget dedicated to digitising services, modernising investigative tools, and improving cybercrime response. The law plans to create 8,500 new jobs, improve recruitment diversity, and double police and gendarme presence by 2030. It emphasises crisis management, especially for civil security and climate events, and strengthens public order for major international events like the 2024 Olympics. Additionally, it aims to improve border security through advanced technology and cooperation.

While the US has prosecuted individuals like Ross Ulbricht, founder of the Silk Road marketplace, those cases required proof of active involvement in criminal activity. However, French law seeks to hold platform operators accountable for illegal actions facilitated through their sites, even if they were not directly involved.

Prosecutors in Paris, led by Laure Beccuau, have praised the law as a powerful tool in their fight against organised cybercrime, including child exploitation, credit card trafficking, and denial-of-service attacks. The recent high-profile arrest of Durov and the shutdown of other criminal platforms like Coco highlight France’s aggressive stance in combating online crime. The J3 cybercrime unit overseeing Durov’s case has been involved in other relevant investigations, including the notorious case of Dominique Pelicot, who used the anonymous chat forum Coco to orchestrate heinous crimes.

While the law gives French authorities unprecedented power, legal and academic experts caution that its untested nature could lead to challenges in court. Nonetheless, France’s new cybercrime law seriously escalates the global battle against online criminal activity.