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France Pioneers Tough Cybercrime Law, Targets Telegram Chief
France enacts LOPMI law, targeting tech executives for crimes on their platforms. Telegram CEO Pavel Durov under formal investigation, facing potential 10-year sentence. Law's effectiveness yet to be tested in court, raising questions about its impact.
The LOPMI law, enacted in January 2023, has thrust France into the spotlight as a frontrunner in the global fight against crime-ridden websites. This unprecedented legislation has already led to the formal investigation of Telegram's CEO, Pavel Durov, marking a significant milestone in the country's efforts to hold tech giants accountable.
The LOPMI law introduces a novel offence: "Complicity in the administration of an online platform to allow an illicit transaction, in an organised gang". This charge carries severe penalties, including a maximum 10-year prison sentence and a €500,000 fine. The law's uniqueness has caught the attention of legal experts worldwide, with many noting the absence of comparable legislation in other jurisdictions.
Pavel Durov, currently out on bail, vehemently denies allegations that Telegram is an 'anarchic paradise'. The messaging platform maintains its compliance with EU laws and argues against the notion that a platform or its owner should be held responsible for user misconduct. However, French authorities remain steadfast in their pursuit, viewing the LOPMI law as a powerful tool in their arsenal against organised crime groups increasingly operating in the digital realm.
The law's effectiveness is yet to be tested in court, raising questions about its potential impact and enforceability. Legal experts draw comparisons to high-profile cases in the United States, such as the conviction of Ross Ulbricht, the creator of the Silk Road website. However, they emphasise the crucial difference: the French law does not require proof of intent or active facilitation of criminal activities by platform operators.
French cyber law professor Michel Séjean explains that the toughened legislation stems from authorities' frustration with uncooperative platforms like Telegram. The law aims to empower prosecutors in their dealings with tech companies that have previously been difficult to hold accountable.
The LOPMI law is part of a broader legislative push in France to tackle cybercrime. In November 2023, another law was passed, granting authorities the power to geolocate suspects of serious crimes by remotely activating their devices. These measures have positioned France at the forefront of the global fight against cybercrime, as evidenced by Durov's arrest on French soil.
The Paris prosecutor's office's J3 cybercrime unit, armed with these new legislative tools, has already made significant strides in high-profile cases. In June, they shut down Coco, an anonymous chat forum linked to over 23,000 legal proceedings involving serious crimes such as prostitution, rape and homicide.
• France enacts LOPMI law, targeting tech executives for crimes on their platforms
• Telegram CEO Pavel Durov under formal investigation, facing potential 10-year sentence
• Law's effectiveness yet to be tested in court, raising questions about its impact
Source: REUTERS