Lawyer for Telegram CEO Calls French Case ‘Completely Absurd’

August 31, 2024 TruthUSA

A defense lawyer in Paris expressed concern over the Durov case, highlighting how prosecutors are targeting encrypted networks and restricting freedom of speech.

French defense attorneys criticized the legal justification behind prosecuting Telegram CEO Pavel Durov as “incoherent,” “absurd,” and “dangerous” following his arrest and subsequent release on 5 million euros ($5.5 million) bail with travel restrictions in France.

Maud Marian, a defense lawyer based in Paris, emphasized that the Durov case is part of a broader pattern of French prosecutors aiming to limit freedom of speech and target encrypted platforms.

The Paris prosecutor’s office, in a statement released on Wednesday, accused Durov of complicity in drug trafficking activities, facilitating the exchange of child abuse materials on Telegram, and obstructing authorities investigating criminal activities on the app.

Marian criticized the prosecutor’s decision to target Durov personally instead of the company, calling it “totally absurd” since Durov cannot control the company’s actions.

She suggested that the charges against Durov were meant to pressure him into compliance, citing similar tactics used against other tech executives like Musk and Zuckerberg.

According to Durov’s attorney David-Olivier Kaminski, it is unfounded to implicate a social network leader in criminal activities that are unrelated to them.

Robin Binsard, a lawyer specializing in encryption cases, highlighted the tension in France between laws protecting privacy and the pressure to compromise those protections in criminal investigations.

Notably, Durov is not the first executive to face legal action over encrypted services, with previous cases involving individuals like Thomas Herdman and Paul Krusky.

Observing the trend of such cases, Binsard emphasized the need to resist the erosion of fundamental principles in French criminal law sparked by the Telegram case.

Marian pointed out the contradiction in the prosecutors’ actions, which deviate from France’s historical commitment to safeguarding privacy rights.

While France has not introduced new laws on encryption recently, the prosecution in the Durov case is employing existing laws in novel ways, according to Marian.

Political pressure may also play a role in such cases, as prosecutors may face ramifications for straying from official stances.

French President Emmanuel Macron distanced himself from Durov’s arrest, characterizing it as an autonomous judicial decision made without advanced notice to him during a visit to Belgrade.

France's President Emmanuel Macron (L) shakes hands with Serbia's President Aleksandar Vucic at a meeting at the Palace of Serbia in Belgrade on Aug. 29, 2024. (Elvis Barukcic/AFP via Getty Images) — France’s President Emmanuel Macron (L) shakes hands with Serbia’s President Aleksandar Vucic at a meeting at the Palace of Serbia in Belgrade on Aug. 29, 2024. Elvis Barukcic/AFP via Getty Images

Political Pressure

Marian criticized the susceptibility of French prosecutors to political influence, contrasting them with the more independent judiciary in Britain and the United States.

She suggested that prosecutors in France often align their actions with political agendas to avoid adverse consequences.

While the implications of the Durov case for free speech have not generated widespread concern among the French public, Marian emphasized the gradual erosion of privacy and freedom in the face of heightened surveillance measures.

The Associated Press and Reuters contributed to this report.

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