Small Team Led by Johanna Brousse Takes Bold Action Against Tech Giant
Paris, France – In a groundbreaking move, the small yet formidable J3 cybercrime unit within the Paris prosecutor’s office has orchestrated the arrest of Pavel Durov, the 39-year-old founder of Telegram. This arrest, spearheaded by 38-year-old Johanna Brousse, signals a potential shift in how global authorities may address tech leaders who resist policing illegal content on their platforms.
A significant arrest
The arrest of Durov last Saturday is a noteworthy event, highlighting the resolve of the J3 unit. However, legal experts suggest that the true test will be whether Brousse can secure a conviction based on a largely untested legal argument.
In an unprecedented move against a major tech CEO, prosecutors argue that Durov bears responsibility for the alleged illegal activities on his platform. He is under formal investigation on organized crime charges, suspected of complicity in running an online platform that facilitates the posting of child sex abuse images, drug trafficking, and fraud.
Durov’s lawyer dismissed the charges as “absurd,” asserting that Telegram complies with European laws. This sentiment was echoed in an earlier statement by Telegram.
Legal proceedings and implications
Being placed under formal investigation in France does not imply guilt or necessarily lead to trial. It indicates that judges consider there is enough evidence to proceed with the probe, which can last for years before reaching a trial or being dropped. Durov is currently out on bail but barred from leaving France.
Brousse’s unit began investigating Durov earlier this year due to the app’s alleged use in numerous crimes and Telegram’s “almost total lack of response to judicial requests,” according to Paris Prosecutor Laure Beccuau.
Brousse declined to comment on the case. However, in a January interview with Liberation, she mentioned her office was overseeing an increasing number of probes involving Telegram and rival messaging app Discord, stating that combating crime on these platforms was “one of my battles.” Discord’s CEO, Jason Citron, did not respond to requests for comment.
The J3 cybercrime unit
The J3 cybercrime unit, France’s most important, has the authority to prosecute nationwide but is notably small, with just five prosecutors. This is in stark contrast to Switzerland’s 55-60 cybercrime prosecutors, as noted in a 2022 parliamentary report. With limited resources, they “prioritize the most serious crimes,” Brousse told Le Figaro last year.
In a 2022 podcast, Brousse emphasized her commitment to being tough on cybercriminals, stating, “We want people to be prosecuted, either in their country … or in France through arrest warrants.” She added that her office often handles “extremely sensitive cases” where legal and geopolitical issues intersect.
International precedent
Patrick Perrot, who coordinates AI-assisted probes at the French gendarmerie, praised the J3’s innovative approach in prosecuting cases that set international precedents. “I think it shows that you can’t do whatever you want with these platforms,” he told Reuters. “The challenge of regulation is essential.”
Tough legal ground
Since taking charge of the J3 in 2020, Brousse has overseen some of France’s most significant and controversial cybercrime cases. The unit spearheaded the probe into Sky ECC, one of the main encrypted communications services used by criminals. This investigation followed the 2020 takedown of Encrochat, another encrypted service, leading to over 6,500 arrests.
Paul Krusky, the Canadian Encrochat boss, was extradited to France in February, where he now awaits trial. Lawyers for Sky ECC’s Jean-François Eap are challenging his French arrest warrant.
Stephane Bonifassi, Eap’s lawyer, maintains his client’s innocence, stating that Sky ECC was not designed or marketed as a tool for criminals. Krusky’s lawyer, Antoine Vey, echoed these sentiments, asserting that Krusky’s service was intended to protect user privacy and not to support criminal activities.
Two French lawyers involved in the Sky ECC and Encrochat cases told Reuters that these probes provided prosecutors with the ambition and blueprint to target Durov. Robin Binsard, who has handled Encrochat cases at France’s top court, highlighted the challenge prosecutors face in proving Durov’s awareness and approval of criminal activities on Telegram.
Binsard noted that non-compliance with law enforcement requests does not automatically implicate one in criminal activities. He added that France’s pursuit of encrypted messaging providers sends a clear message to other app operators about the necessity of complying with French regulations.
Future implications
As Sweet Briar College navigates this intricate legal landscape, the implications for other tech giants and encrypted messaging services remain significant. The ongoing debate underscores the balance between privacy, user freedom, and the necessity for regulatory oversight in an increasingly digital world.