France uses tough, untested cybercrime law to target Telegram’s Durov

Paris Prosecutor Laure Beccuau hailed the 2023 law as a powerful tool for battling organized crime groups who are increasingly operating online. (REUTERS/File)
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Updated 17 September 2024
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France uses tough, untested cybercrime law to target Telegram’s Durov

  • France uses new law to prosecute Telegram’s Pavel Durov
  • Durov denies Telegram is an ‘anarchic paradise’

PARIS: When French prosecutors took aim at Telegram boss Pavel Durov, they had a trump card to wield — a tough new law with no international equivalent that criminalizes tech titans whose platforms allow illegal products or activities.
The so-called LOPMI law, enacted in January 2023, has placed France at the forefront of a group of nations taking a sterner stance on crime-ridden websites. But the law is so recent that prosecutors have yet to secure a conviction.
With the law still untested in court, France’s pioneering push to prosecute figures like Durov could backfire if its judges balk at penalizing tech bosses for alleged criminality on their platforms.
A French judge placed Durov under formal investigation last month, charging him with various crimes, including the 2023 offense: “Complicity in the administration of an online platform to allow an illicit transaction, in an organized gang,” which carries a maximum 10-year sentence and a 500,000 euro ($556,300) fine.
Being under formal investigation does not imply guilt or necessarily lead to trial, but indicates judges think there’s enough evidence to proceed with the probe. Investigations can last years before being sent to trial or dropped.
Durov, out on bail, denies Telegram was an “anarchic paradise.” Telegram has said it “abides by EU laws,” and that it’s “absurd to claim that a platform or its owner are responsible for abuse of that platform.”
In a radio interview last week, Paris Prosecutor Laure Beccuau hailed the 2023 law as a powerful tool for battling organized crime groups who are increasingly operating online.
The law appears to be unique. Eight lawyers and academics told Reuters they were unaware of any other country with a similar statute.
“There is no crime in US law directly analogous to that and none that I’m aware of in the Western world,” said Adam Hickey, a former US deputy assistant attorney general who established the Justice Department’s (DOJ) national security cyber program.
Hickey, now at US law firm Mayer Brown, said US prosecutors could charge a tech boss as a “co-conspirator or an aider and abettor of the crimes committed by users” but only if there was evidence the “operator intends that its users engage in, and himself facilitates, criminal activities.”
He cited the 2015 conviction of Ross Ulbricht, whose Silk Road website hosted drug sales. US prosecutors argued Ulbricht “deliberately operated Silk Road as an online criminal marketplace ... outside the reach of law enforcement,” according to the DOJ. Ulbricht got a life sentence.
Timothy Howard, a former US federal prosecutor who put Ulbricht behind bars, was “skeptical” Durov could be convicted in the United States without proof he knew about the crimes on Telegram, and actively facilitated them — especially given Telegram’s vast, mainly law-abiding user base.
“Coming from my experience of the US legal system,” he said, the French law appears “an aggressive theory.”
Michel Séjean, a French professor of cyber law, said the toughened legislation in France came after authorities grew exasperated with companies like Telegram.
“It’s not a nuclear weapon,” he said. “It’s a weapon to prevent you from being impotent when faced with platforms that don’t cooperate.”

TOUGHER LAWS
The 2023 law traces its origins to a 2020 French interior ministry white paper, which called for major investment in technology to tackle growing cyber threats.
It was followed by a similar law in November 2023, which included a measure for the real-time geolocation of people suspected of serious crimes by remotely activating their devices. A proposal to turn on their devices’ cameras and mouthpieces so that investigators could watch or listen in was shot down by France’s Constitutional Council.
These new laws have given France some of the world’s toughest tools for tackling cybercrime, with the proof being the arrest of Durov on French soil, said Sadry Porlon, a French lawyer specialized in communication technology law.
Tom Holt, a cybercrime professor at Michigan State University, said LOPMI “is a potentially powerful and effective tool if used properly,” particularly in probes into child sexual abuse images, credit card trafficking and distributed denial of service attacks, which target businesses or governments.
Armed with fresh legislative powers, the ambitious J3 cybercrime unit at the Paris prosecutor’s office, which is overseeing the Durov probe, is now involved in some of France’s most high-profile cases.
In June, the J3 unit shut down Coco, an anonymized chat forum cited in over 23,000 legal proceedings since 2021 for crimes including prostitution, rape and homicide.
Coco played a central role in a current trial that has shocked France.
Dominique Pelicot, 71, is accused of recruiting dozens of men on Coco to rape his wife, whom he had knocked out with drugs. Pelicot on Tuesday testified in court, admitting to his guilt and asking his family for forgiveness. Meanwhile, 50 other men are also on trial for rape.
Coco’s owner, Isaac Steidel, is suspected of a similar crime as Durov: “Provision of an online platform to allow an illicit transaction by an organized gang.”
Steidel’s lawyer, Julien Zanatta, declined to comment.


Trump Media reports $19 mln loss in third quarter on TV streaming costs

Updated 06 November 2024
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Trump Media reports $19 mln loss in third quarter on TV streaming costs

  • Trump Media & Technology Group said the figure includes $12.1 million in legal fees
  • It also reported $3.9 million in research and development spend

Former US President Donald Trump’s media company reported a net loss of $19.2 million in the third quarter, due to legal fees and costs tied to its TV streaming deal.
Trump Media & Technology Group said the figure includes $12.1 million in legal fees in the quarter, stemming from its acquisition of TV streaming technology in August and residual fees related to its SPAC deal in March.
It also reported $3.9 million in research and development spend.
Shares of the company reversed earlier losses in extended trading and were last trading about 2 percent higher.
The report comes as the US presidential election is in the final stretch, with polls showing Trump and current vice president Kamala Harris running neck and neck, as the world awaits the results of one of the most unusual elections in modern US history.
Shares of Trump Media, which operates the Truth Social media platform, have seen wild swings in recent days with the stock serving as something of a proxy for Trump’s chances of election.
Trump Media said its revenue was $1 million for the quarter ended September and had cash and cash equivalents of $672.9 million, including short-term investments, with no debt. 


BBC staff in open letter accuse broadcaster of pro-Israel bias

Updated 03 November 2024
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BBC staff in open letter accuse broadcaster of pro-Israel bias

  • Over 100 employees demand corporation ‘recommit to fairness, accuracy and impartiality’
  • Letter signed by more than 230 figures in UK’s media industry, other sectors

LONDON: More than 100 BBC employees have accused the British broadcaster of pro-Israel bias in its coverage of the Gaza war.

The claim was made in an open letter signed by more than 230 figures in the UK’s media industry and other sectors, who said the public broadcaster has failed to provide “fair and accurate” coverage of the conflict. It was sent to Tim Davie, director general of the BBC.

The letter, first seen by The Independent, said the BBC must “recommit to fairness, accuracy and impartiality.”

The BBC employees who signed the letter did so anonymously, with one telling The Independent that “so many of us feel paralysed by levels of fear.”

They added: “Colleagues have left the BBC in recent months because they just don’t believe our reporting on Israel and Palestine is honest.”

Prominent members of Britain’s political, media and academic class signed the letter, including Sayeeda Warsi, a Muslim member of the House of Lords; historian William Dalrymple; actress Juliet Stevenson; Dr. Catherine Happer, a senior lecturer in sociology and director of media at the University of Glasgow; Rizwana Hamid, director at the Centre for Media Monitoring; broadcaster John Nicolson; and columnist Owen Jones.

The BBC must “robustly challenge Israeli government and military representatives in all interviews,” the signatories said.

In September, BBC Chairman Samir Shah said the board would “seriously consider” a review into the broadcaster’s Middle East coverage.

It followed claims by Jewish groups that the BBC is suffering from an “extreme” anti-Israel bias and that it is failing to properly manage complaints.

The open letter calls on the BBC to make new editorial commitments, including “reiterating that Israel does not give external journalists access to Gaza; making it clear when there is insufficient evidence to back up Israeli claims; making clear where Israel is the perpetrator in article headlines; and including regular historical context predating October 2023.”

One example of a “dehumanizing and misleading headline” cited by signatories related to Israel’s killing of 6-year-old Hind Rajab in January this year. The BBC headline read: “Hind Rajab, 6, found dead in Gaza days after phone calls for help.”

The letter to the BBC said: “This was not an act of God. The perpetrator, Israel, should have been in the headline, and it should have been clear that she was killed.”

Another anonymous BBC employee told The Independent: “Palestinians are always treated as an unreliable source and we constantly give Israel’s version of events primacy despite the IDF’s (Israel Defense Forces) well-documented track record of lying.

“We often seem to prefer to leave Israel out of the headline if at all possible or cast doubt on who could be to blame for airstrikes.

“The verification level expected for anything related to Gaza hugely outweighs what is the norm for other countries.”

In response to the letter, a BBC spokesperson said the broadcaster holds itself “to very high standards,” adding: “This conflict is one of the most polarising stories to report on, and we know people feel very strongly about how this is being reported.

“The BBC receives almost equal measure of complaints asserting that we are biased towards Israel, as we do asserting we are biased against it.

“This does not mean we assume we are doing something right, and we continue to listen to all criticism — from inside and outside the BBC — and reflect on what we can do better.”


Mauritius reverses ban on social media

Updated 02 November 2024
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Mauritius reverses ban on social media

PORT LUIS, Mauritius: Mauritius on Saturday reversed its decision to block social media until its election that had been prompted by a wire-tapping scandal.
The ban on social media had been in place for 24 hours, with users on the Indian Ocean island unable to access Facebook, Instagram, TikTok and X.
It was due to last until November 11 — the day after the general election.
The ban was prompted by the release of secret recordings of phone calls by politicians, journalists, members of civil society and even foreign diplomats that began to emerge online last month.
The office of Prime Minister Pravind Kumar Jugnauth had said that “the national security and integrity of our republic and our international partners may have been compromised” by the leaks.
But in a statement on Saturday, the Information and Communications Authority said the ban had been lifted after “consultation with competent authorities.”
There had been uproar from opposition parties and local media groups, who rely heavily on social media.
The leaked recordings were released by an account called Missie Moustass (Mr Moustache), primarily on TikTok.
There have been attempts to block the account but it quickly resurfaced elsewhere and has been releasing recordings almost daily.
Among those causing the greatest shock was that of the police commissioner apparently asking a forensic doctor to alter a report into a person who died after being beaten in police custody. A judicial investigation into the death was launched following the leak.
Private calls featuring British High Commissioner Charlotte Pierre also appear to have been leaked.
Jugnauth is seeking re-election as head of the Militant Socialist Movement.
He inherited the premiership on the death of his father in 2017 and secured a victory for his coalition in polls two years later.


Israel moves to sever ties with Haaretz following publisher’s ‘freedom fighters’ remarks

Updated 01 November 2024
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Israel moves to sever ties with Haaretz following publisher’s ‘freedom fighters’ remarks

  • Publisher Amos Schocken delivered harsh criticism of Israeli policies, prompting government to call for restrictions on newspaper

LONDON: Israel is moving to sever ties and impose restrictions on the newspaper Haaretz after its publisher Amos Schocken referred to Palestinians as “freedom fighters” in a speech in London on Sunday.

Israel’s Communications Minister Shlomo Karhi on Thursday submitted a proposal calling for a range of restrictions on Haaretz following Schocken’s comments.

Moves include halting any new government contracts with the newspaper, including individual subscriptions for state employees, and canceling current agreements wherever legally feasible.

“All current agreements with Haaretz, including personal subscriptions, will be canceled as legally feasible,” Karhi’s proposal said, adding that the Government Advertising Bureau will be directed to withdraw all advertisements from the publication and seek refunds for any outstanding payments.

The proposal follows a similar measure put forward by Karhi in November 2023 when he accused Haaretz of undermining Israel’s war effort in Gaza.

Interior Minister Moshe Arbel also ordered an immediate halt to cooperation with Haaretz on Wednesday, saying in a letter that the government “cannot and will not remain silent in the face of harm to IDF soldiers and the state’s efforts to protect its citizens.”

Logo of Haaretz, English edition. (Wikimedia Commons)

The Interior Ministry’s official statement described Schocken’s comments as “deeply offensive and revealing a fundamental departure from core values.”

Speaking at a Haaretz conference in London — titled “Israel After Oct. 7: Ally or Alone?” — Schocken criticized Israeli policies and the current government, accusing Prime Minister Benjamin Netanyahu’s administration of “imposing a cruel apartheid regime on the Palestinian population.”

He told attendees: “It dismisses the costs of both sides for defending the settlements while fighting the Palestinian freedom fighters, that Israel calls terrorists.”

Schocken, who has led the left-leaning publication since 1990, condemned Israel’s settlement policies, asserting that the only viable solution was the establishment of a Palestinian state.

He said: “A Palestinian state must be established. And the only way to achieve this, I think, is to apply sanctions against Israel, against the leaders who oppose it, and against the settlers.”

Following a strong backlash, Schocken clarified his remarks to indicate that he did not consider groups like Hamas to be “freedom fighters,” and emphasized his support for those who resisted occupation without resorting to terrorism.

He said: “Given the reactions to my labeling Palestinians who commit acts of terror as freedom fighters, I have reconsidered my words.

“Many freedom fighters around the world and throughout history, possibly even those who fought for Israel’s establishment, committed terrible acts of terrorism, harming innocent people to achieve their goals.

“I should have said freedom fighters who also resort to terror tactics — which must be combated. The use of terror is not legitimate.”

Schocken, the son of Gershom Schocken who was the editor and publisher of Haaretz for over 50 years, faced similar criticism in September for advocating international intervention against the Netanyahu administration, comparing the situation in Israel to apartheid-era South Africa.
 


Indonesia bans sales of Google smartphones days after blocking Apple’s iPhone 16

Updated 01 November 2024
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Indonesia bans sales of Google smartphones days after blocking Apple’s iPhone 16

  • Block comes a week after Indonesia said it had blocked the sales of iPhone 16 domestically, also for not meeting local content rules
  • Indonesia has a huge, tech-savvy population, making the Southeast Asian nation a key target market for tech-related investment

JAKARTA: Indonesia said it has banned sales of smartphones made by Alphabet’s Google due to rules requiring the use of locally manufactured components, days after blocking sales of tech giant Apple’s iPhone 16 for the same reason.
Indonesia blocked sales of Google Pixel phones because the company has not met the rules which necessitate certain smartphones sold domestically to contain at least 40 percent of parts manufactured locally.
“We are pushing these rules so that there’s fairness for all investors in Indonesia,” Febri Hendri Antoni Arief, industry ministry spokesperson, said on Thursday. “Google’s products have not adhered to the scheme we set, so they can’t be sold here.”
Febri said consumers can buy Google Pixel phones overseas, so long as they pay the necessary taxes, adding the country would consider deactivating the phones that are illicitly sold.
Google did not immediately respond to a message and email requesting comment.
The block comes a week after Indonesia said it had blocked the sales of iPhone 16 domestically, also for not meeting local content rules.
Companies usually increase the use of domestic components to meet such rules through partnerships with local suppliers or by sourcing parts domestically.
Google and Apple are not among the top smartphone makers in Indonesia. The top two smartphone makers in the first quarter of 2024 were Chinese firm OPPO and South Korean firm Samsung, research firm IDC said in May.
Indonesia has a huge, tech-savvy population, making the Southeast Asian nation a key target market for tech-related investment.
Bhima Yudhistira, director of the Center of Economic and Law Studies think tank, said the move was “pseudo” protectionism that hurts consumers and impacts investor confidence.
“This creates a negative sentiment for investors looking to enter Indonesia,” he said.