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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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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Free press, investigative journalism and rule of law
The news of the alleged unauthorised access to databases of the judicial authorities by a law enforcement officer and the alleged making available of the results to newspapers has (re)produced yet another debate on the limits of (or to) investigative journalism in relation to press freedom by Andrea Monti – Initially pubished in Italian by Italian Tech. Continue reading “Free press, investigative journalism and rule of law”
Italy: Journalistic sources, Does ‘national security’ warrant formal legal recognition to protect media professional secrecy?
In order to protect the confidentiality of journalists’ sources it is arguable that the concept of national security ought to be accorded a full legal status. This question has been reignited by the debate concerning EU regulation on the future measure on press freedom which pits those who want journalists to have absolute ‘freedom to investigate’ against those who believe that this freedom cannot be absolute or, in any case, cannot be exercised to the point of endangering national security by Andrea Monti – Initially published in English by INFORRM and in Italian by La Repubblica – Italian Tech. Continue reading “Italy: Journalistic sources, Does ‘national security’ warrant formal legal recognition to protect media professional secrecy? “