The publication of a press release by the Paris Public Prosecutor’s Office on the arrest of Pavel Durov allowsus to delve a little more (but not too much) into the context of the affair because it contains the list of charges brought against the founder of Telegram.
To summarise, the legal bases for Pavel Durov’s arrest are the offences set out in the LOI n° 2023-22 du 24 janvier 2023 d’orientation et de programmation du ministère de l’intérieur, which inserts Article 323- 3-2 and an additional paragraph (the twelfth) to Article 706-73-1 of the Code of Criminal Procedure, and by the Loi n° 2004-575 du 21 juin 2004 pour la confiance dans l’économie numérique that subjects the use of cryptography for uses other than authentication and integrity checks to ministerial authorisation (in practice if it serves to prove one’s identity in an e-commerce service, encryption is freely usable, if it serves to encrypt information it must be authorised by the government) by Andrea Monti – Initially published in Italian by Strategikon – Italian Tech La Repubblica Continue reading “Allegations against Pavel Durov call into question Big Tech’s stay in Europe”
What Pavel Durov’s arrest means for social media and smart device manufacturers
A Reuters press release informs of the arrest in France of Pavel Durov, founder and CEO of Telegram, with dual Russian and French citizenship. According to TF1, the reason for the arrest is the lack of content moderation, the failure to cooperate with law enforcement and the type of ‘tools’ -such as cryptocurrencies and disposable phone numbers- freely available on the platform. The French investigators considered that in doing so, Durov did not merely ‘fail to control’ but was a real accomplice in the commission of the crimes. Since we do not have access to the case file of this affair, and therefore do not know whether there are indications of Durov’s involvement in specific acts, it is not possible to say more on the merits. However, this case does allow for some more general reflections on the subject of Big Tech’s liability for the way it designs devices and services that control our existence. by Andrea Monti – Initially published in Italian by Strategikon – Italian Tech La Repubblica
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Apple’s sense of Privacy
Big Tech has always – like any other industry – promoted institutional contacts at various levels to represent its demands to legislators and intervene on measures that endanger its interests. ‘Institutional relations’ consultants – lobbyists, in other words – spend their time gathering information on what is happening in the precints of power and, on the other hand, make available documents, technical analyses and statistical data that decision-makers often do not have the means or the opportunity to obtain, or support public events organised by institutional actors as a form of ‘civil engagement’ and ‘social responsibility’. For some time now, however, the activity of influencing political choices has also begun to extend to interaction with civil society – activists and associations for the defence of ‘digital rights’ – and then, finally, directly to the people, or rather, to people’s perception of the concept of rights by Andrea Monti – Initally published in Italian by Strategikon – Italian Tech La Repubblica Continue reading “Apple’s sense of Privacy”
Can governments ‘suggest’ censorship to social networks?
The US Supreme Court decides not to rule on a case that is fundamental to freedom of expression. The issue is whether or not it is legitimate for an executive power to ‘suggest’ to a platform what content to censor instead of taking transparent steps subject to public scrutiny by Andrea Monti – Initially published in Italian by Wired.it
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US-China war over processors goes beyond technological autonomy
The Financial Times reports China’s decision to discontinue the use of Intel and Amd processors – as well as the Windows operating system and implicitly the software that needs it to work – from its civil services: China react to the technological ban with a blow to the solidity of US Big Tech. The analysis by Andrea Monti, Professor of Digital Law at the University of Chieti-Pescara – Initially published in Italian on Formiche.net Continue reading “US-China war over processors goes beyond technological autonomy”