[HN Gopher] Telegram founder charged with wide range of crimes i...
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       Telegram founder charged with wide range of crimes in France
        
       Author : NayamAmarshe
       Score  : 70 points
       Date   : 2024-08-29 04:50 UTC (18 hours ago)
        
 (HTM) web link (www.nytimes.com)
 (TXT) w3m dump (www.nytimes.com)
        
       | Arnt wrote:
       | https://archive.is/wDlpb
       | 
       | I found it a little low on detail, though.
        
         | sofixa wrote:
         | From the horse's mouth, in French and English, the official
         | press statement from the Prosecutor's office (it's a PDF):
         | 
         | https://www.tribunal-de-paris.justice.fr/sites/default/files...
         | 
         | It's a laundry list of accessory to commit crimes + a few
         | interesting associated ones like organising to commit crimes,
         | and laundering the proceeds of crimes.
        
           | Arnt wrote:
           | Thanks. So they're fairly confident about most of it, them.
           | 
           | I wonder about this: <<Fourniture d'un moyen de cryptologie
           | n'assurant pas exclusivement des fonctions d'authentification
           | ou de controle d'integrite sans declaration prealable,>> Do
           | you happen to know what making that declaration involves?
        
             | sofixa wrote:
             | Disclaimer: not a lawyer, just did some law courses in a
             | couple of countries, including France.
             | 
             | From the law 2004-575 [1], section 1, article 30:
             | 
             | > I. - L'utilisation des moyens de cryptologie est libre.
             | 
             | > II. - La fourniture, le transfert depuis ou vers un Etat
             | membre de la Communaute europeenne, l'importation et
             | l'exportation des moyens de cryptologie assurant
             | exclusivement des fonctions d'authentification ou de
             | controle d'integrite sont libres.
             | 
             | > III. - La fourniture, le transfert depuis un Etat membre
             | de la Communaute europeenne ou l'importation d'un moyen de
             | cryptologie n'assurant pas exclusivement des fonctions
             | d'authentification ou de controle d'integrite sont soumis a
             | une declaration prealable aupres du Premier ministre, sauf
             | dans les cas prevus au b du present III. Le fournisseur ou
             | la personne procedant au transfert ou a l'importation
             | tiennent a la disposition du Premier ministre une
             | description des caracteristiques techniques de ce moyen de
             | cryptologie, ainsi que le code source des logiciels
             | utilises. Un decret en Conseil d'Etat fixe :
             | 
             | > a) Les conditions dans lesquelles sont souscrites ces
             | declarations, les conditions et les delais dans lesquels le
             | Premier ministre peut demander communication des
             | caracteristiques du moyen, ainsi que la nature de ces
             | caracteristiques ;
             | 
             | > b) Les categories de moyens dont les caracteristiques
             | techniques ou les conditions d'utilisation sont telles que,
             | au regard des interets de la defense nationale et de la
             | securite interieure ou exterieure de l'Etat, leur
             | fourniture, leur transfert depuis un Etat membre de la
             | Communaute europeenne ou leur importation peuvent etre
             | dispenses de toute formalite prealable.
             | 
             | > IV. - Le transfert vers un Etat membre de la Communaute
             | europeenne et l'exportation d'un moyen de cryptologie
             | n'assurant pas exclusivement des fonctions
             | d'authentification ou de controle d'integrite sont soumis a
             | autorisation du Premier ministre, sauf dans les cas prevus
             | au b du present IV. Un decret en Conseil d'Etat fixe :
             | 
             | > a) Les conditions dans lesquelles sont souscrites les
             | demandes d'autorisation ainsi que les delais dans lesquels
             | le Premier ministre statue sur ces demandes ;
             | 
             | > b) Les categories de moyens dont les caracteristiques
             | techniques ou les conditions d'utilisation sont telles que,
             | au regard des interets de la defense nationale et de la
             | securite interieure ou exterieure de l'Etat, leur transfert
             | vers un Etat membre de la Communaute europeenne ou leur
             | exportation peuvent etre soit soumis au regime declaratif
             | et aux obligations d'information prevus au III, soit
             | dispenses de toute formalite prealable.
             | 
             | Basically, any cryptography exported/imported that is not
             | about authentication or integrity control, or a set of
             | other exceptions, needs to be approved from the Prime
             | Minister's office.
             | 
             | The exceptions and formalities are defined in the relevant
             | decree [2] and it's annex defining the full list of
             | exceptions [3] (Ctrl/Cmd+F "ANNEXE 1"). The procedure to
             | ask for authorisation is to send a special type of letter a
             | month before going into production, and if you don't hear
             | back within a month (the directorate has a month to ask for
             | more information), all is good. They can request the source
             | code, and forbid use if they decide it's against the
             | nations interests. The list of exceptions is quite
             | exhaustive, e.g. it includes cryptography aboard single
             | board computers for personal use, banking, TV encryption,
             | etc.
             | 
             | Interestingly, there's this part:
             | 
             | > Equipements specialement concus et limites pour assurer
             | la protection de logiciels ou de donnees informatiques
             | contre la copie ou l'utilisation illicite et dont la
             | capacite cryptographique n'est pas accessible a
             | l'utilisateur.
             | 
             | So, if I'm reading this correctly, if Telegram was end to
             | end encrypted, they wouldn't have had to declare to the PM.
             | 
             | How the declaration
             | 
             | 1 - https://www.legifrance.gouv.fr/codes/section_lc/JORFTEX
             | T0000...
             | 
             | 2 -
             | https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000000646995
             | 
             | 3 - https://www.legifrance.gouv.fr/download/pdf?id=y0_q3mVj
             | GocOR...
        
               | Arnt wrote:
               | Thanks, that's very useful.
               | 
               | I wonder whether that final exception is intended to
               | cover the kind of end-to-end encryption Signal does, or
               | rather the kind of end-to-end encryption the Netflix app
               | does. Digital rights management. It's not clear to me
               | that those can be separated -- doesn't Jitsi use the same
               | in-browser code as Vimeo? But it's also not clear to me
               | what "not accessible to the user" means, exactly.
        
               | BlueTemplar wrote:
               | Yeah, as far as I understand, exactly this : for instance
               | you can't use the DRM embedded in HDMI for your own
               | purposes, you have to be a licensee and get access to the
               | source code (and a way to modify the chips) for that.
               | 
               | Somewhat relevant :
               | 
               | HDMI Forum rejects AMD's HDMI 2.1 open-source driver :
               | 
               | https://news.ycombinator.com/item?id=41386667
        
         | Foobar8568 wrote:
         | "Telegram has played a role in multiple criminal cases in
         | France tied to child sexual abuse, drug trafficking and online
         | hate crimes, but has shown a "near-total absence" of response
         | to requests for cooperation from law enforcement, Ms. Beccuau
         | said."
         | 
         | That's not little low on details.
        
           | Arnt wrote:
           | Sorry, that was unclear. I expected to see what the charges
           | are.
           | 
           | Has played a role, sure, enough to talk about it in public,
           | but I expected to see what the prosecutor thought would be
           | enough for a court.
        
       | pikseladam wrote:
       | Is there any website owner with a million users who can't be held
       | accountable for the same crimes? According to the logic in
       | France, since criminals use Windows, the CEO of Microsoft could
       | also be blamed.
        
         | actionfromafar wrote:
         | I have not read the charges, but do you mean the charges are
         | literally like that?
         | 
         | Or that the charges are false?
         | 
         | Or that the charges are true but only enforced because they
         | want him for other reasons?
        
         | thefz wrote:
         | > According to the logic in France, since criminals use
         | Windows, the CEO of Microsoft could also be blamed
         | 
         | What a superficial take. Following the same logic, highway
         | management would be held accountable if a killer used one of
         | their roads to go and commit a crime.
         | 
         | But for _platform providers_ , they (the providers) have the
         | responsibility to moderate the content that is hosted
         | _publicly_ on their platforms. Which most of the content on
         | Telegram is. And if some illegal material is there, they (the
         | providers) have the responsibility to take it offline.
         | 
         | Do you have any idea how much, let's say Meta, spends in terms
         | of money and manpower to prevent this? How much moderation goes
         | on for most of the platforms? Read about regulations in France
         | (SREN law IIRC).
        
         | WhereIsTheTruth wrote:
         | Google, Microsoft, Amazon, Meta, X(Twitter), Instagram,
         | Snapchat, Whatsapp
         | 
         | They all cooperate with governments:
         | https://www.engadget.com/authorities-reportedly-ordered-goog...
         | 
         | In fact, google is partly CIA/NSA
         | 
         | https://qz.com/1145669/googles-true-origin-partly-lies-in-ci...
        
         | Foobar8568 wrote:
         | Maybe these websites cooperate unlike Telegram? First paragraph
         | or second one from the article:
         | 
         | "Telegram has played a role in multiple criminal cases in
         | France tied to child sexual abuse, drug trafficking and online
         | hate crimes, but has shown a "near-total absence" of response
         | to requests for cooperation from law enforcement, Ms. Beccuau
         | said."
        
         | ath3nd wrote:
         | > According to the logic in France, since criminals use
         | Windows, the CEO of Microsoft could also be blamed.
         | 
         | That's a very bad take. The charges are because of Telegram
         | repeatedly refusing or being too slow to take down illegal
         | content (illegal in France, that is): child pornography, drugs
         | ads, etc. Meta and X both remove illegal content when a notice
         | from authorities is made, unlike Telegram which drags its feet.
         | 
         | If Telegram was encrypted e2e, Durov would not have been able
         | to know of the existence of that illegal content, and could
         | have plausible deniability. As it stands though, Telegram was
         | notified of publicly available illegal content, and refused to
         | remove it, which is a crime in France, where Durov is a
         | citizen.
        
           | prof-dr-ir wrote:
           | > where Durov is a citizen.
           | 
           | Why is this important? Do you think he would not have been
           | arrested if he had not had a French passport? I would think
           | that all that matters is that his crimes fall under French
           | jurisdiction.
        
           | retinaros wrote:
           | twitter should def be charged with the same. why when elon
           | musk seized it he could bring down pedopornography by double
           | digit percentage in a few weeks? why wasnt it addressed
           | before? META also recently revealed that they indeed worked
           | for the DNC to supress opinions shouldnt we trial zuck?
        
             | ath3nd wrote:
             | > twitter should def be charged with the same.
             | 
             | I agree, I don't like double standards
             | 
             | > why when elon musk seized it he could bring down
             | pedopornography by double digit percentage in a few weeks?
             | 
             | I am not sure if I got this right. I was under the
             | impression that illegal and extreme content and bots on
             | twitter only grew as Elon seized it. He fired a majority of
             | his moderation staff, right?
             | 
             | https://www.bloomberg.com/news/articles/2023-01-07/elon-
             | musk...
        
         | KaiserPro wrote:
         | > Is there any website owner with a million users who can't be
         | held accountable for the same crimes?
         | 
         | Go and look at "Safe Harbour" rules. Its not a blank cheque to
         | say "oh it wasn't us, it was the users". your protection from
         | being sanctioned is contingent on complying with requests to
         | take down posts(be that copyright or other).
         | 
         | The same thing applies here
        
       | stanislavb wrote:
       | Some interesting facts:
       | 
       | - Durov is, according to him, living in exile outside of Russia
       | since 2014 - due to Russian gov persecution.
       | 
       | - Since his "exile" - he has travelled 50-60 times to Russia
       | https://www.reddit.com/r/Telegram/comments/1f2pgg3/pavel_dur...
       | 
       | - Most Russian billionaires that live in exile and are persecuted
       | by the RU gov fall from windows (or something tall) quite often.
       | Durov has been living lavishly though.
       | 
       | - Russia is trying to protect him now that he is being charged.
       | 
       | i.e. a lot of odd and contradicting moments.
        
         | dools wrote:
         | Yeah and Telegram is also the biggest source of disinfo. Total
         | Russian operation.
        
           | datadeft wrote:
           | Sorry but you can't blame the medium for this. If you do
           | please also blame everybody else: keyboard producers, monitor
           | manufacturers etc. Do not just cherry pick one vendor.
        
             | dools wrote:
             | This is like saying there is no difference between a postal
             | worker and the getaway driver in a bank heist.
        
           | hagbard_c wrote:
           | One person's 'disinfo' is another's info, that same person's
           | info is propaganda to another. The recent acknowledgement by
           | Zuckerberg that the Biden/Harris regime pressured them into
           | censoring information should give you some thought about what
           | is 'disinfo'.
           | 
           | In other words don't be too quick in condemning channels
           | which allow voices outside the desired narrative to be heard
           | because the day might come than you need to step outside it.
           | Given that you seem to recognise 'disinfo' - given your claim
           | of Telegram being the main source of it - you can just ignore
           | it just like others ignore what they consider or know to be
           | falsehoods.
        
             | dools wrote:
             | > One person's 'disinfo' is another's info, that same
             | person's info is propaganda to another
             | 
             | Yeah the only difference is that one person is right and
             | the other person is wrong.
             | 
             | > The recent acknowledgement by Zuckerberg that the
             | Biden/Harris regime pressured them into censoring
             | information should give you some thought about what is
             | 'disinfo'.
             | 
             | Of course they fucking did, and so they should have. Also,
             | you think the current Republican controlled senate hasn't
             | applied any "pressure" to obtain this statement right now
             | for their bullshit committee?
             | 
             | Facebook's statement doesn't say they shut down anything
             | factual, just that they took down a bunch of covid content
             | "including humour and satire". The shit they took down was
             | _still disinfo_. The entire anti-vaccination movement is
             | libertarian propaganda (why do you think there 's no anti-
             | anaesthetics movement? It's made by the same companies,
             | used about as widely and is orders of magnitude more
             | dangerous).
             | 
             | > In other words don't be too quick in condemning channels
             | which allow voices outside the desired narrative to be
             | heard because the day might come than you need to step
             | outside it
             | 
             | It's patently obvious that Telegram is a Russian operation.
             | The messages aren't really encrypted, the founder isn't
             | really in exile, and oh it just so happens that all the
             | most batshit crazy conspiracy theories originate there.
        
               | madars wrote:
               | >why do you think there's no anti-anaesthetics movement?
               | 
               | for one, I've never been required to get anesthesia as a
               | condition of employment. lumping all vaccines together is
               | not productive and we don't do that when discussing
               | painkillers. there is a movement against OxyContin but
               | not a movement against Ibuprofen.
        
               | dools wrote:
               | > for one, I've never been required to get anesthesia as
               | a condition of employment
               | 
               | You've been required to get anaesthesia as a condition of
               | getting dental work done, or any number of routine day
               | procedures, or more serious operations. Maybe you've
               | never had to have anaesthetic at all, but you certainly
               | will at some point in your life.
               | 
               | > lumping all vaccines together is not productive and we
               | don't do that when discussing painkillers. there is a
               | movement against OxyContin but not a movement against
               | Ibuprofen
               | 
               | There is no "movement against oxycontin". There are a
               | slew of well documented and successful legal cases
               | against Purdue for its misleading advertising of Oxy _in
               | the US_ , but there's not like, a groundswell of
               | conspiracy theories about it. In fact, the way that the
               | Oxy case has played out is a good example of what real
               | conspiracy looks like, and how it shows up in the legal
               | system.
               | 
               | Sure there are accidental overdoses in other countries,
               | and people everywhere every day are either hospitalised
               | or die from accidental or intentional overdoses of
               | opioids, but not to the same scale. The way that it's
               | played out in the US worse than anywhere else and is as
               | much to do with the dysfunctional nature of the
               | healthcare system that allowed Purdue to behave the way
               | it did, as it is to do with the drugs themselves.
               | 
               | Compared to that, the covid vaccine story (and story
               | about vaccines generally) is a case in point about what a
               | manufactured conspiracy theory looks like and how it
               | shows up in the legal system (ie. a series of politically
               | motivated lawsuits that fall along party lines).
        
               | hagbard_c wrote:
               | > You've been required to get anaesthesia as a condition
               | of getting dental work done
               | 
               | Odd, that has always been optional where I've lived - the
               | Netherlands and Sweden, mostly. I understand that is is a
               | requirement for very large operations but for normal
               | procedures it has never been a requirement.
               | 
               | > covid vaccine story (and story about vaccines
               | generally)
               | 
               | Why do you insist on lumping together these two very
               | disparate cases? There is an enormous gap between the
               | small cohort of people who distrust established vaccines
               | - e.g. those administered to children, those needed when
               | travelling to the tropics, etc. - and the large cohort
               | who distrust the experimental SARS2 therapeutics which
               | were forced upon the masses in different ways. All you
               | achieve by lumping these two together is to increase
               | distrust in established vaccines, both by exposing the
               | second cohort to the arguments of the first as well as by
               | the fact that the negative side effects of the SARS2
               | therapeutics are slowly but surely being published to a
               | wider audience.
        
               | hagbard_c wrote:
               | > Yeah the only difference is that one person is right
               | and the other person is wrong.
               | 
               | Says everyone. While there are clear examples where this
               | is the case - e.g. SARS2 vaccines do not protect against
               | infection nor do they protect against infecting others -
               | there are many other situations where 'right' and 'wrong'
               | are not so clearly defined. When someone claims a certain
               | party or presidential candidate is a 'threat to
               | democracy' there is no clear 'right' or 'wrong' as these
               | are opinions, not facts.
               | 
               | Your following statements with regards to the 'current
               | Republican-controlled senate' show where your bias lies
               | and explains why you react the way you do. Now try to
               | step outside your bubble for a while - and yes, you are
               | in a bubble just like most others (myself included) are -
               | and step in another one, say the bubble inhabited by a
               | Russian or someone who supports the current Russian
               | regime. That person would consider it 'patently obvious
               | that Facebook (et al) are American operations. The
               | messages can be intercepted by the operators who censor
               | on behalf of the American regime.
               | 
               | If you are happy using platforms which are controlled by
               | this or that government, fine. I prefer to be able to say
               | what I want without either the American or Russian or
               | French or Swedish or Dutch (etc.) governments interfering
               | or censoring so I run my own services. This happens to be
               | dead-easy and nearly maintenance-free.
        
             | wewxjfq wrote:
             | The amount of disinfo the Telegram defenders spread about
             | this case only shows that they are far from the critical
             | thinkers they think they are. Back when there was nothing
             | known about the arrest other than it did indeed take place,
             | it was the pro-Telegram crowd that was making all kinds of
             | outlandish claims.
             | 
             | I can tell from the sidelines that you guys "doing your own
             | research" and "staying informed" is a net negative for a
             | society.
        
         | kelnos wrote:
         | > _Since his "exile" - he has travelled 50-60 times to Russia_
         | 
         | That "fact" is disputed. The source of that information appears
         | to have relied on unverified information, among other issues.
         | 
         | I do find it odd that Russia is working so hard to get him out
         | of France, though.
        
           | jajko wrote:
           | Its almost like some PR gestures are irrelevant when actual
           | SHTF, and then you see intents and corresponding actions in
           | clear.
        
           | cvalka wrote:
           | The information had been verified by the Russian independent
           | media.
        
         | tucnak wrote:
         | Interesting that this comment is down-voted. I think it's worth
         | noting that Telegram LLC--as organisation itself--is anomalous
         | to the point where it's consistent with Russian "cover"
         | doctrine. For example, you wouldn't find ex-Telegram employees
         | on Linkedin, Telegram itself seemingly doesn't invite people
         | for interviews, there's no ex-Telegram people in the industry.
         | Their open source software is developed using fake-umbrella
         | accounts such as John Preston, DrKLO, Ilya Laktyushin (Telegram
         | Desktop, Android and iOS clients respectively.) There is no
         | executive layer in the company, too. Telegram doesn't seem to
         | compete for engineering talent on labour market, Telegram
         | employees don't go to conferences, are never seen on mailing
         | lists of open source projects, etc.
         | 
         | We're simply led to believe that Telegram (a 950M user base) is
         | developed by a Pavel, his brother, and their "friends" in
         | Dubai. There's no evidence of any physical office in Dubai,
         | too.
         | 
         | In short, there's very little evidence to corroborate their
         | story.
        
           | Shank wrote:
           | > Telegram doesn't seem to compete for engineering talent on
           | labour market, Telegram employees don't go to conferences,
           | are never seen on mailing lists of open source projects, etc.
           | 
           | Isn't the whole narrative that Durov, who is essentially
           | extremely rich as a result of building VK, bankrolled the
           | whole creation? For all of the criticism, Telegram remains
           | one of the most highly polished and well-designed apps I've
           | ever used. It doesn't get bogged down with lots of messages,
           | and has regular feature-rich updates. It seems to me like
           | Telegram has one of the best development teams on the planet
           | in terms of sheer output. Maybe they don't need to compete on
           | talent simply because they're paid well by Durov?
        
             | dools wrote:
             | > Maybe they don't need to compete on talent simply because
             | they're paid well by Durov?
             | 
             | Or because they're staffed by the Kremlin!
        
               | NayamAmarshe wrote:
               | Any source on that?
        
           | gdsfg534 wrote:
           | It's hilarious that what you impute to them is, essentially,
           | that they don't have enough bullshit: useless management that
           | hires endless hordes of bootcamp graduates for no reason
           | (then lays them off when cheap money are over), no BS
           | conferences without any substance, no hires of overpriced
           | American "talent" when they have a tremendous pool of much
           | much much more affordable and no less qualified people from
           | CIS countries. Also, let's not pretend that a chat app is
           | some kind of rocket science that requires a company of
           | gazillion engineers and other stuff characteristic of VC
           | funded special Olympics.
        
         | Shank wrote:
         | In 2022 and beyond, Durov has posted very publicly about
         | Ukraine, inclduing support for Ukraine and reiterating parts of
         | his history with the FSB at VK [0].
         | 
         | Telegram was also blocked in Russia for a period of time while
         | they argued about compliance [1].
         | 
         | I think it is far more likely that Russia understands that
         | Durov is one of the most influential people that acts as an
         | emissary to their country. His past altercations around VK and
         | subsequent compliance with various investigations in Russia
         | probably mean they have at least a semi-amicable relationship
         | now. The reality is that, for better or for worse, Telegram is
         | widely used by a large number of people. In just the same way
         | that US agencies can compel investigations with US companies,
         | I'm sure that Russia exerts some amount of control on Telegram
         | for investigation purposes. But this is what I would expect
         | about any messaging platform that isn't fully E2EE.
         | 
         | The fact of the matter is that Telegram's flagship product for
         | many people is NOT the messaging system, it's the non-encrypted
         | channels system, which has been used widely by various people
         | to act as a social network. This system is valuable to
         | investigate for a lot of people. Encrypted messaging aside,
         | companies usually are compelled to do a minimum amount of
         | compliance work with authorities for jurisdictions they operate
         | in.
         | 
         | [0]: https://t.me/durov/179
         | 
         | [1]: https://www.atlanticcouncil.org/blogs/new-
         | atlanticist/whats-...
        
           | BlueTemplar wrote:
           | > In just the same way that US agencies can compel
           | investigations with US companies, I'm sure that Russia exerts
           | some amount of control on Telegram for investigation
           | purposes.
           | 
           | Not in the same way, since Telegram (unlike, say, vKontakte),
           | is NOT a Russian company.
           | 
           | (At least officially, also quite anti-Putin at its funding...
           | less clearly now.)
        
         | trustno2 wrote:
         | He also has a French citizenship despite having no connections
         | to France, which he somehow magically gotten due to "merit
         | foreigner" status in 2021.
         | 
         | Le Monde couldn't figure out why he gotten that citizenship,
         | there is very little detail.
         | 
         | >Durov was naturalized as a French citizen in August 2021,
         | giving him European Union citizenship. Le Monde described the
         | naturalisation as "mysterious", since Durov had not resided in
         | France apart from brief visits. Le Monde suggested that Durov
         | was naturalised via the rarely used "merit foreigner" procedure
         | that is awarded directly by the French government to people
         | viewed to have contributed exceptionally to France's
         | international influence or international economic relations.
        
       | janmo wrote:
       | It is even possible that Durov has saved lives by not
       | communicating user information to the french intelligence
       | services.
       | 
       | Recently have been a bunch of scandals where french intelligence
       | officers where involved in murder plots.
       | 
       | - There is "Haurus", a french intelligence officer who sold
       | personal information on the darknet, in one case he sold personal
       | information including the address of a drug dealer. Something
       | that is believed to have helped in his murdered by a
       | "competitor".
       | 
       | - There is the murder of racing driver "Laurent Pasquali" who is
       | presumed to have been killed by a french intelligence officer.
       | The plot involved over 20 people with several of them being
       | french intelligence officers. In fact they got his personal
       | information and address to plan the murder plot through the
       | french intelligence database.
       | 
       | You can Google all this, it is true.
        
         | NiekvdMaas wrote:
         | To make things even stranger, Durov was apparently invited to
         | lunch by Macron. Instead of a presidential welcome, he was
         | arrested on arrival.
         | 
         | Source: https://x.com/Zlatti_71/status/1828529272539304278
        
           | emptysongglass wrote:
           | I find it deeply uncomfortable that the HN contingent is
           | rushing to defend the French government on this matter.
           | 
           | The European Union has been angling for more comprehensive
           | access to messaging platforms with proposal after proposal.
           | 
           | Everyone here loves to sing the praises of the EU but broad
           | regulatory powers is not a clear cut value proposition:
           | European governments and those governed have a long history
           | of oppression.
           | 
           | What's more, many of the broad regulatory powers have been
           | used successfully by despotic regimes like China as cudgels
           | not only to break apart monopolies (good) but to demand
           | unfettered access to data (bad).
           | 
           | These accusations made by the French government of conspiracy
           | on one individual and alleged invitations by a head of state
           | to entrap _should be_ chilling to anyone observing. It
           | reminds me of what happened to Jack Ma, when Ant threatened
           | the CPC 's interests.
           | 
           | If Telegram really was not answering enforcement requests in
           | a timely manner, then France should have moved against the
           | company either through a direct ban on the app itself or
           | other court action. Putting its CEO in prison sends a
           | message. That message should be terrifying to anyone who
           | values a free society.
        
             | simion314 wrote:
             | The CEO can run away and refuse to collaborate with the
             | investigation or refuse to appear in court to defend his
             | crimes, creating a company to get fa immunity from your
             | crimes is not a thing that works.
             | 
             | I read that the guy is free now but he is not allowed to
             | leave France.
        
             | BlueTemplar wrote:
             | And by this point, platforms _also_ have a decently long
             | history of being evil (and Telegram seems to have a mixed
             | history in trying to combat this natural tendency), so why
             | wouldn 't we ?
        
             | 3np wrote:
             | Related for context: https://media.ccc.de/v/37c3-12309-a_ye
             | ar_of_surveillance_in_...
        
             | EricE wrote:
             | It's amazing how many seem to enjoy the taste of shoe
             | leather, isn't it?
        
           | yorwba wrote:
           | Non-copypasta source:
           | https://x.com/canardenchaine/status/1828438807697408059 (When
           | Zlatti_71 signs off with "Remylind23" and can't spell the
           | name of the French newspaper they're attributing, doesn't
           | that make you a bit suspicious? And _Le Canard enchaine_ is a
           | satirical newspaper, so it 's not inconceivable that the
           | story is made-up.)
        
             | JTyQZSnP3cQGa8B wrote:
             | It has a sarcastic tone but it is one of the best newspaper
             | for the sources. Other newspapers regularly cite them.
        
               | BlueTemplar wrote:
               | The question is whether that statement is a joke or not
               | (they do both).
        
         | KaiserPro wrote:
         | > It is even possible that Durov has saved lives by not
         | communicating user information to the french intelligence
         | services.
         | 
         | If you ignore the missing human rights activists were using
         | telegram and then suddenly disappeared.
         | 
         | as pointed out before, telegram is utterly compromised security
         | wise. Its really advantageous that "naughty people" are
         | documenting their stuff there as it leaves a loverly indelible
         | trail of actions.
        
           | an_guy wrote:
           | What does missing human rights activists have to do with
           | telegram?
           | 
           | What are your sources on "utterly compromised security on
           | telegram"?
        
             | KaiserPro wrote:
             | > What are your sources on "utterly compromised security on
             | telegram"?
             | 
             | Have you looked at the "encrypted" protocol? Wonderfully
             | complex, and the key authority is telegram, with little to
             | no way to spot bait and switch. But thats the "secret"
             | messaging. Everything else is plain text and stored
             | centrally.
             | 
             | its basically facebook/slack with better cyrillic support.
        
               | emptysongglass wrote:
               | These are all false claims. Messages are not stored in
               | plaintext. Secret Chats are E2EE and use standard crypto
               | primitives. All of this is well-documented. [1] [2]
               | 
               | [1] https://core.telegram.org/mtproto/AJiEAwIYFoAsBGJBjZw
               | YoQIwFM...
               | 
               | [2] https://core.telegram.org/api/end-to-end
        
           | gdsfg534 wrote:
           | > If you ignore the missing human rights activists were using
           | telegram and then suddenly disappeared.
           | 
           | What human rights activists? What kind of gaslighting is
           | that?
        
         | maeln wrote:
         | > - There is the murder of racing driver "Laurent Pasquali" who
         | is presumed to have been killed by a french intelligence
         | officer. The plot involved over 20 people with several of them
         | being french intelligence officers. In fact they got his
         | personal information and address to plan the murder plot
         | through the french intelligence database.
         | 
         | The guy who is presumed to be the murderer is an _ex_
         | -intelligence officer, not currently employed by the
         | intelligence services.
         | 
         | > It is even possible that Durov has saved lives by not
         | communicating user information to the french intelligence
         | services.
         | 
         | And exactly how many did he condemned by letting criminal
         | network run wild on his platform, with little to no moderation,
         | and no collaboration with police forces ?
        
           | gdsfg534 wrote:
           | > The guy who is presumed to be the murderer is an ex-
           | intelligence officer
           | 
           | There's a "he resigned two weeks ago" meme in Russia. Every
           | time a police officer or someone else from the government is
           | caught red-handed committing a crime, it "turns out" they
           | have allegedly resigned a few weeks prior to the incident. It
           | seems Putin's regime is not an aberration, they're
           | trailblazers.
        
             | maeln wrote:
             | Except the guy was working for the DCRI, which has turned
             | into the DGSI since 2014. So it has been out of the police
             | forces for at least 10 years. Not a few weeks ago.
             | 
             | You can find a lot of information on french media, like
             | https://www.leparisien.fr/faits-divers/reseau-franc-macon-
             | de...
             | 
             | What would be more concerning is that current member of the
             | DGSE were planning a murder (in the same article). But then
             | again, they were arrested, and this is why we know what
             | likely happened to Pasquali. This is not Russia where the
             | FSB can run wild.
             | 
             | Finally, I do find it strange to argue with a brand new
             | account who basically just post to defend Telegram.
        
               | gdsfg534 wrote:
               | > Finally, I do find it strange to argue with a brand new
               | account who basically just post to defend Telegram.
               | 
               | Why do you find it strange? Do you consider self
               | compilation of a dossier on yourself a healthier
               | practice?
        
         | polotics wrote:
         | Well you are looking at crimes by _former_ intelligence
         | officers here, also you 'll find two complete rookies, had just
         | got in and clearly they were in some weird gung-ho state. If
         | you look for those stories you'll be finding plenty of ex cops,
         | even SO team members, having gone for illicit easy money one
         | way or another thanks to the potent mix of impunity and
         | stupidity...
        
           | Unbefleckt wrote:
           | Plausible deniability
        
       | sschueller wrote:
       | If Durov is liable for crimes committed on his platform how far
       | away are we from making phone companies and ISPs liable for
       | crimes committed using their services?
       | 
       | This is a very slippery slope.
       | 
       | I don't see a problem with requiring a company to cooperate with
       | a court order to release data. However if a company does not have
       | this data (because it's encrypted) it should not be liable or be
       | required to collect such data.
        
         | actionfromafar wrote:
         | Agreed. But Telegram seems to have this data unencrypted.
        
         | lz400 wrote:
         | but that's exactly what's happening. They have the data and
         | they don't comply. Phone companies and ISPs get court-ordered
         | to release data all the time and they do it or go to jail too
        
         | Dalewyn wrote:
         | >how far away are we from making phone companies and ISPs
         | liable for crimes committed using their services?
         | 
         | They are already liable unless they follow the law to enjoy
         | certain exemptions.
        
         | KaiserPro wrote:
         | > how far away are we from making phone companies and ISPs
         | liable for crimes committed using their services?
         | 
         | Very far. but france is a civil law system. (https://en.wikiped
         | ia.org/wiki/Criminal_responsibility_in_Fre...)
         | 
         | if you don't comply with legally valid requests, then you are
         | going to be held liable for it.
         | 
         | But thats the same in common law as well. If an hosting
         | provider in the USA refuses to act on reports of hosting
         | copyrighted material, then they are liable for damages. Safe
         | Harbour has its limits.
        
         | jeroenhd wrote:
         | That's the deal: ISPs aren't responsible for hosting child
         | abuse content, phishing sites, crime ring messaging
         | infrastructure, or pirated content, as long as they work with
         | the relevant authorities to take such content down or hand over
         | relevant evidence.
         | 
         | ISPs hand over phone records and anything else they have on
         | people. They set wiretaps, they can triangulate users, you name
         | it. When the government asks Telegram for information, they get
         | a history dump. When they ask a carrier for information, they
         | get a history dump (for anything stored on ISP servers, such as
         | email or some text messages, depending on the warrant) _and a
         | live copy of every bit of information that flows over the
         | connection_.
         | 
         | Email inboxes get handed over all the time, and server hosts
         | must take down content within days to hours depending on how
         | illegal the content reported is. Services like Google have been
         | handing out information like "what users were in this general
         | area at this time" because they track that stuff (which is why
         | Android's location history has degraded significantly; Google
         | moved that stuff to on-device storage for this reason).
         | 
         | As for data collection: in some places, the government can
         | force you to collect data. Some "logless" VPN/email providers
         | have been compelled to turn on logging for certain accounts,
         | for instance.
         | 
         | The alternative, which was almost a thing in the early
         | internet, was that ISPs were responsible for all content on
         | their systems.
        
         | thefz wrote:
         | > If Durov is liable for crimes committed on his platform how
         | far away are we from making phone companies and ISPs liable for
         | crimes committed using their services?
         | 
         | > This is a very slippery slope.
         | 
         | I wonder what is hard to understand. Is there CP/violent
         | content in Instagram? Nope. In Facebook? Nope. In YouTube?
         | nope.
         | 
         | Why? These companies are held responsible for the public
         | content, published in clear, on their platforms and they
         | enforce moderation to remove illegal content.
         | 
         | Telegram is in clear and has public content violating the law.
         | They should have done the same, they did not.
        
           | an_guy wrote:
           | > Is there CP/violent content in Instagram? Nope. In
           | Facebook? Nope. In YouTube? nope.
           | 
           | Yes. Infact you can find public groups, pages and channels
           | posting all kind of illegal stuff (drugs, weapons, fraud,
           | dox..)
        
             | simion314 wrote:
             | Really, report them they have to take them down, if they do
             | not take CP down then make a hacker News thread , you for
             | sure will be on the top of the page.
        
               | NayamAmarshe wrote:
               | Telegram regularly takes down such channels too but their
               | mistake? They underestimated the moderation team size and
               | move at a slower pace than other trillion dollar corpos.
        
               | BlueTemplar wrote:
               | The main mistake seems to have been to ignore requests
               | from law enforcement - and since these requests allegedly
               | only numbered in the dozens, it's not a team size issue.
        
           | ramblerman wrote:
           | > I wonder what is hard to understand
           | 
           | The fact that you can't understand the difference between
           | facebook/youtube and an ISP.
           | 
           | An ISP would have to vet every site they open up to their
           | users. Which would effectively incentivize an AOL like
           | internet with just 5-10 websites.
        
           | numpad0 wrote:
           | Some of European countries has CP laws written to scratch
           | moral itch, they can SWAT raid anyone screenshotting some
           | games on App Store and their courts aren't going to care.
           | 
           | And then there's likely a real CP sharing groups on some of
           | those platforms: algorithms work as invisible cloak for those
           | groups, and we in the public without that preference won't
           | have idea until police discovers one through a confiscated
           | phone.
        
         | mrtksn wrote:
         | CEO's of ISP's who reject providing the information to the
         | courts and the law enforcement will certainly go to jail.
         | 
         | That's why we don't have network operators for criminals. We
         | have seen the demand for it in the crypto(as in cryptocurrency)
         | space and many went to prison for running networks and tools
         | for criminals, especially people running cryptocurrency
         | tumblers were caught, prosecuted and imprisoned.
         | 
         | I don't believe in a CEO that takes on the law enforcement for
         | higher morals or even money, that's mafia's line of work. In
         | some cases maybe its possible to have high moral outlaws but
         | they will have to shoot at the police when they are coming to
         | make an arrest.
        
         | HL33tibCe7 wrote:
         | > ISPs liable for crimes committed using their services?
         | 
         | If you host illegal content from your home network, the police
         | alert your ISP, and the ISP did nothing, you can be sure the
         | police will arrest them too.
        
         | bananapub wrote:
         | > If Durov is liable for crimes committed on his platform how
         | far away are we from making phone companies and ISPs liable for
         | crimes committed using their services?
         | 
         | er...did you miss the last twenty years?
         | 
         | the US government destroyed a website for prostitution ads:
         | https://www.justice.gov/opa/pr/backpage-principals-convicted...
         | 
         | the US government has destroyed every darknet market they could
         | find, despite most of them not selling any drugs themselves.
         | 
         | CSAM is taken extremely seriously and any web site that hosts
         | it will be pursued to the end of the earth.
         | 
         | etc.
         | 
         | this is not a new thing at all.
         | 
         | > However if a company does not have this data (because it's
         | encrypted) it should not be liable or be required to collect
         | such data.
         | 
         | Telegram deliberately and suspiciously encrypts approximately
         | nothing in a way that helps anyone, so this is completely
         | irrelevant.
        
         | BlueTemplar wrote:
         | Somewhat - ISPs and phone companies (and web(site) hosting
         | companies) tend to be less liable because they don't engage
         | into editorializing :
         | 
         | https://news.ycombinator.com/item?id=41390173
         | 
         | (Algorithmic feeds are very popular amongst platforms, not sure
         | that Telegram does that too though ?)
        
         | panarky wrote:
         | The "slippery slope" is a logical fallacy.
        
       | wellthisisgreat wrote:
       | I am not a Durov fan, but wouldn't it make sense that if a top
       | exec of a platform is criminally liable for the crimes happening
       | on the platform, the head of state who has an authority to use
       | force against the citizens should be legally liable for crimes
       | happening in their country?
       | 
       | Edit: the argument about Durov not "trying to do anything" after
       | the French requests don't seem that relevant as it aligns with "I
       | tried" excuse of a poor student's missing homework, i.e. trying
       | isn't enough - crimes are either stopped or they aren't.
       | 
       | Edit2: ha @ downvotes w/o any opinions.
        
       | Arch485 wrote:
       | There seems to be a lot of arguments citing that "$otherPlatform
       | should be held liable for the same things!"
       | 
       | The main takeaway here is that Durov is not being arrested
       | strictly because his platform contains illegal material. He is
       | being arrested because (allegedly)
       | 
       | - he is aware of the illegal material, and - he refuses to
       | cooperate with law enforcement to remove that material.
       | 
       | So the French authorities are charging him with being complicit
       | in a lot of this stuff.
       | 
       | Platforms like Signal can get away with this because they are
       | properly E2E encrypted, and cannot identify illegal content.
       | Telegram, on the other hand, has decryption keys for the messages
       | and media sent in group chats, meaning they can identify and
       | remove illegal content if they choose to.
        
         | Shank wrote:
         | > Platforms like Signal can get away with this because they are
         | properly E2E encrypted, and cannot identify illegal content.
         | Telegram, on the other hand, has decryption keys for the
         | messages and media sent in group chats, meaning they can
         | identify and remove illegal content if they choose to.
         | 
         | I feel like I must emphasize this because it's repeatedly
         | missed. Telegram has mainly 3 different components. The first
         | is a server-side encrypted messaging platform, which is
         | unremarkable, and as-secure as Discord or Slack. The second is
         | its "E2EE" system, secret chats, which don't sync, and have not
         | been broken (though people have raised some concerns
         | historically about it). The third system is channels, which are
         | basically subscription feeds from users. Channels are as secure
         | as Slack or Discord or Twitter or Facebook. The whole point of
         | Channels is that you can subscribe to channels and get messages
         | in Telegram from them, but they're basically open access. A
         | good example is Durov's channel: https://t.me/s/durov
         | 
         | Now I say all of this because the vast majority of people
         | believe that E2EE would solve the problem here. The reality is
         | that channels doesn't make sense to be E2EE since anyone can
         | join, and channels are where are a large amount of the
         | "interesting" content to law enforcement occurs. Abuse
         | definitely occurs to some degree on all 3 components, but
         | channels simply don't exist in Signal, as an example.
        
           | xvector wrote:
           | We have robust cryptographic constructions for channels at
           | this point. One is described in
           | https://www.ietf.org/blog/mls-secure-and-usable-end-to-
           | end-e...
        
             | HL33tibCe7 wrote:
             | If you'd have read the comment you're replying to, you'd
             | know that "robust cryptographic constructions" are
             | irrelevant here, because channels are publicly-accessible.
        
           | BlueTemplar wrote:
           | Also Telegram behaves better than you would expect from a
           | platform : they still provide(d?) a quite open interface for
           | others to crawl :
           | 
           | https://www.wired.com/story/the-kremlin-has-entered-the-
           | chat...
           | 
           | (The downside of course is that it's then also open to <<bad
           | actors>>.)
        
         | harryf wrote:
         | > Platforms like Signal can get away with this because they are
         | properly E2E encrypted, and cannot identify illegal content.
         | 
         | Signal isn't magically protected by proper E2E encryption. When
         | the time comes to take them down legally, all that's needed is
         | evidence from end users phones demonstrating illegal activities
         | occurring over Signal. But - for now - Signal seems to have
         | better friends and or be upsetting less authorities than
         | Telegram.
         | 
         | To me it's pretty clear reason why they've gone after Telegram
         | is the Channels and Groups. Seen from a certain perspective
         | Telegram channels are an alternative to Reddit, and have been
         | popular medium during COVID and the Ukraine war for
         | "alternative news". By now Reddit is properly controlled and
         | subdued but Telegram isn't.
        
           | ralfn wrote:
           | >To me it's pretty clear reason why they've gone after
           | Telegram is the Channels and Groups. Seen from a certain
           | perspective Telegram channels are an alternative to Reddit,
           | and have been popular medium during COVID and the Ukraine war
           | for "alternative news". By now Reddit is properly controlled
           | and subdued but Telegram isn't.
           | 
           | This is full on speculation. Right now the reality is you can
           | buy underage people, drugs and weapons on telegram. ISIS
           | recruitment channels, etc.
           | 
           | Playing the "free speech" card is disingenuous.
        
             | NayamAmarshe wrote:
             | Telegram regularly bans channels that promote hate-speech
             | or do illegal activities.
             | 
             | The only issue is, their team is way too small for
             | moderation, which is why so many weird communities keep
             | popping up.
             | 
             | I've been on Telegram for 5 years and I've yet to see
             | anything of what you mentioned in your comment.
             | 
             | It's a fear mongering tactic against a perfectly good and
             | arguably the best messenger application in existence right
             | now.
        
               | tcfhgj wrote:
               | I have seen it constantly. IDK why, but so sometimes I
               | got just invited into such groups.
               | 
               | When I activated the function to find people around me,
               | most of the time I was spending in Telegram was leaving
               | and reporting such groups.
               | 
               | Some of the channels, even discoverable by simple search,
               | were years old.
               | 
               | "Arguably" Element is way better than Telegram, it
               | actually properly encrypts private chats AND allows sync
               | between devices
        
             | harryf wrote:
             | > This is full on speculation.
             | 
             | Speculation is a crucial part of decision-making,
             | especially in geopolitics, where hard data is often scarce.
             | Governments frequently act on leading indicators to preempt
             | potential threats, whether it's about national security or
             | information control. Dismissing this as "pure speculation"
             | overlooks how critical decisions are made in complex,
             | rapidly evolving situations.
             | 
             | > Playing the "free speech" card is disingenuous.
             | 
             | This isn't about free speech; it's about narrative control,
             | especially with the upcoming U.S. election. Controlling
             | platforms like Telegram and TikTok is crucial for
             | influencing public discourse. Recent U.S. regulations
             | targeting TikTok further highlight how critical it is for
             | governments to manage the flow of information as elections
             | approach.
        
       | originalvichy wrote:
       | I'm disappointed to see how few people are up to date on what
       | legal responsibilities platform hosts have.
       | 
       | Didn't we have months and months of this discussion around the
       | last US presidential election? Haven't we had this discussion
       | years ago when piracy was rampant on "surface web" sites?
       | 
       | Businesses have always had legal requirements based on the nature
       | of their trade.
        
         | flanked-evergl wrote:
         | Just because something is law does not mean it should be law.
         | Not all legal responsibilities should be legal
         | responsibilities. There is no way in which we will accept that
         | what the French government is doing is legitimate merely
         | because it's legal for them to do it in France.
         | 
         | What France is doing is unjust. They should stop. If their laws
         | are not just they should be repealed.
        
       | axegon_ wrote:
       | I love it how fast people are jumping in to defend a guy who is
       | by all accounts guilty because "well how is he supposed to know
       | illegal stuff is happening on his platform?". He knew and
       | everyone behind telegram knew. Well read this: https://eur-
       | lex.europa.eu/eli/dir/2000/31/oj
       | 
       | Telegram has legal obligations and we all know they haven't
       | fulfilled them-you can easily verify that on your own: you don't
       | need to be a government agency to do that - open telegram and use
       | the search function, hell even the auto suggestions lead you to a
       | ton of illegal stuff.
        
       | jokoon wrote:
       | In the end, if that annoys Russia, that's a good thing.
       | 
       | Telegram is used by Russia, terror groups, and so on.
       | 
       | It's always funny to hear people talk about free speech in that
       | situation.
        
         | 71bw wrote:
         | >Telegram is used by Russia, terror groups, and so on.
         | 
         | As well as a lot of people in CIS countries (including
         | Ukraine), people fed up with Meta and probably 95% of Android
         | custom ROM communities (wild guess, do not quote me on that).
         | 
         | Not to mention platforms like, for example, Discord. Also used
         | in Russia. Also probably used by terror groups. But it's okay
         | because we are supposed to like "our" platform.
         | 
         | >It's always funny to hear people talk about free speech in
         | that situation.
        
           | BlueTemplar wrote:
           | While Discord Inc. is based in San Francisco, Tencent (China)
           | owns Discord, most likely at a majority stake, considering
           | how they have been funding the devs before they even had the
           | idea for it.
           | 
           | Also one big difference might be that Discord is part of the
           | Deep Web (requiring an account and an invitation to its
           | chatrooms to even see what is going on there), while Telegram
           | seems to be mostly on the Open Web, even providing an
           | interface to be crawled ?
        
       | neonate wrote:
       | https://archive.ph/wDlpb
        
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