Will the founder of Telegram be sentenced to jail after being charged with multiple cyber crimes?

Author: Climber, Bitchain Vision

On August 24, Telegram founder Pavel Durov was arrested at a French airport.After speculation from all parties, the French authorities finally issued a detention statement, that is, Durov is suspected of providing unauthorized “cryptography” services and tools, and is also suspected of providing child pornography and “money laundering” activities.Mid-parted moist.

There are as many as 12 charges involved, and other countries such as the UAE and India are also following up on the case.At present, the police have extended Durov’s detention from August 25 to 96 hours later, but when this stage of detention is over, the judge can still decide to release or file charges and continue to detain.If subsequent charges are convicted, Pavel Durov will face jail.

Durov may face criminal charges after the detention period expires

Since the news of Pavel Durov’s arrest at a French airport came out, all parties have been speculating, such as Durov’s arrest was a fabricated political incident, the charges involved in fraud, money laundering, terrorism, etc., drug trafficking, gun black market on Telegram platform, andChild pornography, etc.

Regarding the above rumors in the media, French President Macron first stated that Telegram CEO Pavel Durov was arrested for a judicial investigation and did not involve political motives.A police spokesman said Pavel Durov was accused of failing to cooperate on cyber and financial crimes on the platform.But they all disclosed specific charges.

With the arrival of Pavel Durov’s detention time, the prosecutor of the Paris Prosecutor’s Office, the main body of the case, finally came forward to explain that Durov was arrested and detained for cybercrime investigations.Durov is accused of colluding with illegal activities, refusing to provide information to authorities, money laundering, criminal gangs and providing encryption services without declaration.

According to a statement released by the Paris Judicial Court, Telegram CEO Pavel Durov’s arrest was suspected of cybercrime, and the charges he faced include providing unauthorized “cryptography” services and tools.Cases may involve fraud, drug transactions, organized crime, terrorist propaganda and cyberbullying.

“Pavel Durov, founder and CEO of the instant messaging platform Telegram, was arrested on Saturday, August 24, 2024 at the Leborge Airport in the outskirts of Paris and was detained by police at 8 p.m. The move was held in theThe judicial investigation started on July 8, 2024 was carried out in the context of the judicial investigation, which began on July 8, 2024, after the Paris Prosecutor’s Office’s combating cybercrime department launched a preliminary investigation. The judicial investigation is charged with providing cryptography services and tools.

Several other charges are listed in the document, including conspiracy to “hold pornographic pictures of minors” and “launder money for illegal proceeds from criminal organizations.”In addition, the Paris Procuratorate in France said that the Durov case under investigation involves 12 crimes, most of which are cyber crimes.

At present, the police have extended Durov’s detention from August 25 to 96 hours later, but when this stage of detention is over, the judge can still decide to release or file charges and continue to detain.

At the same time, other countries such as the UAE are also following up on Durov’s arrest.The Indian government is investigating potential abuses of Telegram in criminal activities, especially extortion and gambling.India’s investigation, led by the Ministry of Home Affairs and Electronic Information Technology, focuses on criminal activities in Telegram’s peer-to-peer communications capabilities.If the investigation results are unfavorable, the application may face the risk of being banned.

Public information shows that the Paris Procuratorate consists of the prosecutor’s office, 6 departments, 16 departments and a center for alternative prosecution procedures.The case against Durov was launched on July 8 this year after a preliminary investigation initiated by the Anti-Cyber ​​Crime Department of the Paris Attorney’s Office.

Each sub-sector has the General Public Operations Department of Paris, which is responsible for public operations in some territorial areas, minors (offenders and victims), and the Center for Prosecution of Alternative Procedures; Paris, which is responsible for economic, financial, business, and organized crime andDrugs; JIRS/JUNALCO Department, responsible for the JIRS Organized Crime Section, JIRS Financial Crime Section, J3 Cyber ​​Crime Section; Judgment and Execution Department, mainly responsible for registration and hearings, judgment execution and international criminal assistance.

Among the above departments, the Durov case is mainly managed by the JIRS/JUNALCO department, and Durov’s investigation, trial and even judgment will also be coordinated by the Paris Procuratorate.

Clarification, resistance, solidarity, law is the final answer

Regarding the arrest of the founder of Telegram, Telegram’s official first responded to the incident saying that the company complies with EU law, reviews comply with industry standards and continuously improves.Specifically Telegram complies with EU law, including the Digital Services Act – its audits comply with industry standards and are constantly improving.Telegram CEO Pavel Durov is not hiding, and he travels frequently in Europe.It is ridiculous to claim that “a platform or platform owner is responsible for abuse on the platform”.Nearly one billion users around the world use Telegram as a means of communication and an important source of information.The team is waiting for a quick resolution of this situation.

TON also issued a statement regarding the arrest of Telegram CEO, saying that TON will continue to operate in full and will firmly support Durov.TON official promotion added the 2018 hand-painted Resistance Dog logo hand-painted by Telegram founder to his avatar and launched the digital resistance campaign “We stand with Pavel Durov (Telegram CEO)”.

The TON Foundation said that the Dog in a Hoodie (also known as Resistance Dog) was originally hand-painted and named by the founder of Telegram and TON in 2018, and REDO has been Telegram’s “resistance” censorship vision since then.(non)official mascot.

The arrest of Telegram founder and the resistance of the TON community have also attracted support and support from all parties.

The Russian Embassy in Paris said it had requested the consular visit to Durov and asked French authorities to ensure his rights were protected.Russian officials are keeping in touch with Durov’s lawyers.Vladslav Davankov, vice president of the Russian State Duma, called on the Russian Federation’s Communications, Information Technology and Mass Media Supervision Bureau to immediately ban the websites of major French companies operating in Russia.

Musk also released a video with the tag FreePavel again supported Telegram founder and general partner of venture capital fund Pantera Capital. He also released a brief message “#FreePavel”, the founder of DWF Labs said he had bought 500,000 on-chainUSD TON will be held until Telegram CEO is released.

Many institutions and celebrities also gave their own evaluations about the above incidents.

Russian officials and state media experts also criticized the West for “double standards” on freedom of speech regarding Durov’s detention incident. Mikhail Ulyanov, ambassador of the international organization in Vienna, said Durov’s detention was “a past claiming to be democratic.an example of a very shocking totalitarian trend in the country.Former Russian President Medvedev said Durov’s detention should sound the alarm for all Russian entrepreneurs leaving Russia.

Katerina Mizulina, head of the Russian Security Internet Alliance, believes that the arrest of Pavel Durov, one of the founders of Telegram, was a request from the United States.She wrote on the Telegram personal channel: “I thought it was a long time since the head of Telegram was dangerous outside Russia and could be arrested at any time. A similar situation had happened before at the request of the United States. I thought,No one touched him because he might have worked with Western intelligence agencies, but recent news shows that everything seems to be different.

In addition, Mizulina believes that Durov is arrested to crack down on Toncoin, a supercurrency circulating on Telegram.She said that in this way, the United States will continue its sanctions policy.

Musk said Durov’s arrest was to promote the First Amendment of the U.S. Constitution and satirized that “it’s now 2030 Europe, and you were executed for liking a meme.”

Snowden said France’s arrest of Telegram CEO is an infringement of basic human rights such as freedom of speech, which not only shames France, but also shames the whole world.

No matter how all parties in society express their opinions, the trial of Durov’s case ultimately needs to refer to legal provisions.As early as 2001, many countries in Budapest signed and concluded the European Cyber-crime Convention and formulated the Cyber-crime Convention Law.

It stipulates that Article 7 of the crimes related to computers, that is, forgery related to computers requires that all States parties take necessary legislation and other measures to criminalize cyber acts under their domestic laws.In Chapter 2, from Article 2 to Article 10, the Cyber ​​Crime Convention formulates that the signatory states need to punish nine types of cybercrimes under criminal law, among which the suspected regulations related to the Durov case include:

3) Data interference: It involves any intentional damage, deletion, destruction, modification or hiding computer data. This provision is to ensure the authenticity of computer data and the availability of computer programs.

5) Misuse of devices: includes the production, sale, distribution or provision of any equipment engaged in the above-mentioned cybercrimes.Since the above-mentioned cybercrimes are the easiest way to use hacking tools, this indirectly leads to the production and sale of these tools. Therefore, it is necessary to strictly punish the production and sale of these tools, and basically eliminate cybercrime.

7) Computer-related fraud: includes input, change, delete or hide any computer data with any intent to fraud, or interfere with the normal operation of the computer system, seeking illegal benefits for individuals and causing property losses to others. This isCriminal acts that require criminal punishment.

8) Offences related to child pornography: including all pornographic materials produced, provided, distributed, transmitted, obtained and held by computer systems. This provision refers to any of the above-mentioned children using computer systems.Pornographic crime.

The attempts and aids or abetting and legal person liability of Article 12 are limited in the incidental liability and sanctions.In Article 13, sanctions and measures, provisions: 1. All States Parties shall take necessary legislation and other measures to ensure that criminal offences identified in accordance with Articles 2 to 11 may be subject to effective, proportionate and dissuasive sanctions, including deprivation of liberty.2. Each State Party shall ensure that legal persons liable under Article 12 are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions or measures, including fines.

In other words, no matter which crime is committed, Durov will face criminal punishment.

Conclusion

The arrest of Telegram founder caused an uproar, and both in the crypto circle and traditional finance are paying attention to the future and destiny of this business celebrity.If the French authorities strictly abide by the law, then Durov is likely to be in danger under the constraints of relevant legal provisions.Even if Telegram can achieve different traffic, as the world’s number one crypto service social platform, the illegal behavior implied by it is difficult to guarantee that it will become a link of evidence to stumbling over Durov.

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