Pavel Durov’s arrest suggests that the law enforcement dragnet is being widened from private financial transactions to private speech.
The arrest of the Telegram CEO Pavel Durov in France this week is extremely significant. It confirms that we are deep into the second crypto war, where governments are systematically seeking to prosecute developers of digital encryption tools because encryption frustrates state surveillance and control. While the first crypto war in the 1990s was led by the United States, this one is led jointly by the European Union — now its own regulatory superpower.
Durov, a former Russian, now French citizen, was arrested in Paris on Saturday, and has now been indicted. You can read the French accusations here. They include complicity in drug possession and sale, fraud, child pornography and money laundering. These are extremely serious crimes — but note that the charge is complicity, not participation. The meaning of that word “complicity” seems to be revealed by the last three charges: Telegram has been providing users a “cryptology tool” unauthorised by French regulators.
It would be easy to dismiss the headline’s claim because Telegram’s design makes it arguably not a privacy tool in the first place.
However, it is possible that this arrest was chosen in part for that reason, with the knowledge that privacy and cryptography advocates wouldn’t be so upset by the targeting of a tool that is already weak in those areas. This could be an early step in a plan to gradually normalize outlawing cryptographic tools, piece by piece. (Legislators and spy agencies have demonstrated that they want to do this, after all.) With such an approach, the people affected might not resist much until it’s too late, like boiling the proverbial frog.
Watching from the sidelines, it’s impossible to see the underlying motivations or where this is going. I just hope this doesn’t become case law for eventual use in criminalizing solid cryptography.