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.


Israeli strike kills teen Palestinian journalist as Gaza marks Oct. 7 anniversary

Updated 21 sec ago
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Israeli strike kills teen Palestinian journalist as Gaza marks Oct. 7 anniversary

  • Hassan Hamad was killed in a strike in his home at the Jabalia refugee camp in North Gaza
  • His colleagues reported that he had received multiple threats from Israeli officers, warning him to stop filming the attacks

LONDON: Palestinian journalist Hassan Hamad, 19, was killed in his home at the Jabalia refugee camp in North Gaza during an Israeli airstrike on Sunday, according to local media reports.

Hamad was caught in the heavy bombardment as Israeli forces continued strikes on Jabalia and other areas including Rafah and Al-Zawaida.

On Monday, Gaza marked the one-year anniversary of the Oct. 7 attack that has since plunged the Strip, Lebanon, and other regional players into a widening conflict, escalating tensions across the region.

“With great sadness and pain, I mourn the journalist Hassan Hammad … the journalist who was not yet 20 years old, resisted for a whole year in his own special way, and stayed on his own, away from family so they would not be targeted,” a friend posted on his X account, confirming the young man’s death.

“He resisted while trying to find internet signal and would sit for hours on the roof of his home to publish videos. Yesterday, from 10pm, he was travelling between bombed areas and returning home to get internet signal then going back to cover what had remained from the bombing,” the post continued.

Hamad was reportedly injured in the leg but continued documenting the assaults, sending his final video at 6 a.m. on Sunday before being killed. His body was later found in pieces, gathered in a box by those on the scene.

Hamad became well-known for documenting Israeli strikes and their impact on Gaza’s residents, including the devastation caused by bombings, siege conditions, and resource shortages.

According to reports, he had received multiple threats from Israeli officers instructing him to stop filming the attacks.

“Listen, if you continue spreading lies about Israel, we’ll come for you next and turn your family into (...) This is your last warning,” read a message allegedly sent to Hamad via WhatsApp from an Israeli officer, a warning that was shared on social media.

In one of his last posts, Hamad reported on Israeli airstrikes in Beit Lahia and the bombardment of Jabalia. Just days earlier, he and fellow journalist Moamen Abu Awda survived a drone attack in the Jabalia camp.

Since the conflict began on Oct. 7, 2023, at least 128 journalists and media workers have been killed, all but five of them Palestinian. The true death toll is feared to be much higher.

The ongoing conflict has pushed Gaza into a deep humanitarian crisis. Local authorities report that more than a third of the Strip’s buildings have been destroyed, with the death toll nearing 42,000 and over 91,000 injured.


Facebook seeks to attract young adults with new community, video features

Updated 04 October 2024
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Facebook seeks to attract young adults with new community, video features

  • Facebook announced two new tabs called Local and Explore that would help people expand their networks and make new connections

AUSTIN: Facebook, one of the original social media networks, has become known as the platform of parents and grandparents, while young adults take up photo and video apps like Instagram and TikTok.
Meta, the company that owns Facebook, is setting out to change that.
While Facebook was originally centered on helping users stay in touch with family and friends, the future lies in helping people expand their networks and make new connections, which lines up with how younger generations use the service, said Tom Alison, head of Facebook at Meta.
“We see young adults turn to Facebook when they make a transition in life. When they move to a new city, they’re using Marketplace to furnish their apartments. When they become parents, they’re joining parenting groups,” Alison said during an interview in Austin, Texas, ahead of an event on Friday with content creators.
During the event, Facebook announced two new tabs called Local and Explore, currently being tested in select cities and markets and which aggregate content from across the platform. The Local tab shows users nearby events, community groups and local items for sale, and the Explore tab recommends content based on a user’s interests.
An increased focus on young adults will be key to bringing in new users as Facebook faces vast competition for their attention. Short-form video app TikTok has 150 million users in the US and is wildly popular among Gen Z, prompting Meta to introduce its copycat product called Reels in 2021.
Young adults on Facebook spend 60 percent of their time watching videos and more than half watch Reels daily. The company said it would also roll out an updated video tab in coming weeks that collects short-form, live and longer videos in one place.
Facebook’s dating feature, launched in 2019 and which lets users flip through suggested profiles, has seen a 24 percent year-over-year increase in conversations started among young adults in the US and Canada, the company said.
At the pop-up event in Austin, a small booklet summed up the platform’s positioning for the future: “Not your mom’s (Facebook),” the title read.


British regulator upholds complaint against The Telegraph for labeling Muslim organization ‘extremist’

Updated 04 October 2024
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British regulator upholds complaint against The Telegraph for labeling Muslim organization ‘extremist’

  • Newspaper inaccurately called Muslim Association of Britain ‘extremist’ following a remark by then minister Michael Gove
  • In response to complaints, The Telegraph issued a correction and attributed mistake to ‘human error’

LONDON: The Independent Press Standards Organisation has upheld a complaint filed by the Muslim Association of Britain against The Telegraph for inaccurately labeling the organization as “extremist.”

The decision, announced on Thursday, followed a seven-month investigation into an article published in March, which wrongly described MAB as extremists.

“IPSO has upheld our complaint against The Telegraph for falsely labelling us as an extremist organisation, after Michael Gove’s abused parliamentary privilege in promoting a discredited and politicised definition of extremism,” said MAB in a post on X.

The regulator concluded that the newspaper violated the Editors’ Code of Practice by “failing to take care not to publish inaccurate information” and “for failing to offer a correction to a significant inaccuracy with sufficient promptness.”

The article, written by right-wing commentator Nick Timothy, claimed MAB was “one of several organizations declared extremist by Michael Gove in Parliament.” However, Gove had actually stated that MAB raised concerns due to its “Islamist orientation” and that the government would assess whether it met the definition of extremism.

In response to the complaint, The Telegraph issued a correction on its Corrections and Clarifications page, attributing the error to “human error.”

“While the correction is welcome, we urge the media to reflect on their responsibility to report facts and avoid spreading harmful falsehoods,” said MAB.

The decision comes at a critical moment, with British media facing accusations of bias in the ongoing conflict between Israel and Hamas, further complicating discussions on Islamophobia and antisemitism and highlighting ongoing challenges for Muslim organizations in the press, particularly in the context of extremism.


Elon Musk’s X fails bid to escape Australian fine

Updated 04 October 2024
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Elon Musk’s X fails bid to escape Australian fine

  • Elon Musk’s X loses legal bid to avoid a $417,000 fine levelled by Australia’s online watchdog
  • In June, X fended off a separate legal suit brought by Australia’s eSafety Commission

SYDNEY: Elon Musk’s X on Friday lost a legal bid to avoid a $417,000 fine levelled by Australia’s online watchdog, which has accused the platform of failing to stamp out harmful posts.
Australia’s eSafety Commission approached what was then Twitter in February 2023, demanding the company explain how it was tackling the spread of child sexual abuse content.
The following month Twitter was merged into Musk’s newly formed X Corp, which was eventually fined for “incomplete” responses to the commission’s repeated requests.
X Corp. argued in Australia’s Federal Court that it did not need to respond because the commission had first targeted Twitter, a company that no longer existed.
“X Corp. has failed on all its claims,” Justice Michael Wheelahan found in a decision handed down on Friday.
eSafety Commissioner Julie Inman Grant — a former Twitter employee — welcomed the court’s decision.
“Had X Corp’s argument been accepted by the court it could have set the concerning precedent that a foreign company’s merger with another foreign company might enable it to avoid regulatory obligations in Australia.”
Inman Grant has previously said X’s efforts to rid the platform of graphic sexual and violent content amounted to “empty talk.”
The commission must now fight a separate legal battle in a bid to enforce the fine — one of many skirmishes pitting the Australian government against tech mogul Musk.
Musk likened the Australian government to “fascists” earlier this year, attacking proposed laws that would fine social media giants for failing to stem the spread of misinformation.
In June, X fended off a separate legal suit brought by Australia’s eSafety Commission.
The watchdog had sought a global takedown order forcing X to remove “extremely violent” videos showing the stabbing of a Sydney preacher.
But it dropped the case after a preliminary hearing, a move celebrated by Musk as a free speech triumph.
Musk, a self-described “free speech absolutist,” has clashed with politicians and digital rights groups worldwide, including in the European Union, which could decide within months to take action against X with possible fines.
In Brazil, where X has effectively been suspended after it ignored a series of court directives, Musk has responded by blasting the judge as an “evil dictator cosplaying as a judge.”


Google says it will stop linking to New Zealand news if proposed new law passed

Updated 04 October 2024
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Google says it will stop linking to New Zealand news if proposed new law passed

  • New Zealand government to progress legislation that ensures fair revenue sharing between operators of digital platforms and news media entities

WELLINGTON: Google said on Friday it will stop linking to New Zealand news articles and ditch the agreements it has with local news organizations, if the country’s government goes ahead with a law to force tech giants to pay a fair price for content that appears on their feeds.
The New Zealand government in July confirmed it would progress legislation started by the previous Labour Party-led government that ensures fair revenue sharing between operators of digital platforms and news media entities. The proposed legislation is still in review and is likely to see changes including some to bring it more in line with Australian legislation.
Caroline Rainsford, Google New Zealand Country Director said in a blog post that if the bill as it currently stands becomes law, Google would be forced to make significant changes to its products and investments.
“We’d be forced to stop linking to news content on Google Search, Google News or Discover surfaces in New Zealand and discontinue our current commercial agreements and ecosystem support with New Zealand news publishers,” Rainsford said.
Google, which is owned by Alphabet Inc., is concerned that bill is contrary to the idea of the Internet being open, that it will be harmful to small publishers and that the uncapped financial exposure provides business uncertainty.
New Zealand Minister for Media and Communications Paul Goldsmith said he was considering the range of views in the sector.
“We are still in the consultation phase and will make announcements in due course,” he said in a statement. “My officials and I have met with Google on a number of occasions to discuss their concerns, and will continue to do so.”
Although minority government coalition partner ACT does not support the legislation, it is likely to find enough cross party support to pass once finalized.
Australia introduced a law in 2021 that gave the government power to make Internet companies negotiate content supply deals with media outlets. A review released by the Australian government in 2022 found it largely worked.