Pavel Durov’s arrest may prompt other tech CEOs to ask: am I next?

The arrest of Telegram CEO Pavel Durov at a Paris airport over the weekend has been as shocking as it was unexpected. According to a public statement by the company he runs, Durov has “nothing to hide.” He was arrested at the request of a unit within France’s Interior Ministry in relation to a judicial investigation against an unnamed individual.

Many of the 12 charges laid against that individual – who French prosecutors have neither confirmed nor denied is Durov – range from a number of concerns that would be an issue for anyone on or using Telegram.

They include complicity, or running an online platform that enables organized groups to engage in illegal transactions, and the refusal to communicate with authorities looking to investigate allegations that images of child abuse and organized crimes happened on that platform.

Around 75% of the charges seem sensible and tailored to Telegram, which has built its reputation as being a hands-off moderator of content posted on its platform, leading to some calling it a haven for racists and criminals.

Durov himself said in an interview with Tucker Carlson, feted among those with far-right sensibilities, that Telegram’s users like its “independence,” “privacy,” and “freedom.”

A warning for tech CEOs

Telegram is unusual in how strictly it practices non-engagement with law enforcement and government requests. Although it has acceded to requests to share data or remove content and channels, those incidents are few and far between.

Most recently, it appears that Telegram removed some groups that helped to spread far-right racist riots in the UK after media and government pressure, while it’s also believed to have helped German authorities investigate child pornography rings.

Other tech CEOs are far more cooperative with requests to hand over or take down data. New data from Surfshark, for instance, suggests that platforms are frequently asked to hand over user data: the United States, for instance, asked for information on 3.3 million users through official means between 2013 and 2021. And companies tend to agree most requests are fair – between 67% and 82% of requests are approved, according to the data.

CEOs who habitually refuse such requests may look at how French authorities have taken a more direct approach to getting Durov to answer their requests by arresting him and consider a different approach to responding next time they’re asked. Some who have been most outspoken about Durov’s detainment – including Elon Musk – accede to most government requests. However, Musk recently shut down X’s operations in Brazil rather than toe the government line.

The curious case of cryptography

So far, the message for tech CEOs wondering whether they could be next to be put in handcuffs seems straightforward: follow the rules rather than flout them, and you’ll be safe. But three of the charges are altogether more troubling for other tech CEOs, who may worry they could befall the same fate as Durov – getting arrested when they arrive in Europe.

Among the charges for which Durov is being quizzed as part of the French investigation are for providing and importing cryptography services and tools without prior declaration. This could be far more complicated territory for tech CEOs to navigate. Cryptography is a key part of end-to-end encryption. And if it’s suddenly possible to be arrested for being linked to a service providing it, many CEOs may worry they’re up next.

Tech law experts say that the situation is more complicated, however. Offering cryptography isn’t illegal, but doing so without the French authority’s knowledge and prior approval seemingly is. There’s also a degree of difference between Pavel Durov – who runs a company with nearly a billion users but is largely unknown outside the tech sector – and the likes of Elon Musk or Mark Zuckerberg, whose star power far outstrips Durov and who have far more notable or numerous users, respectively.

So, while tech CEOs may be asking if they’re next, the reality is that it’s unlikely they’ll face the same treatment as the Telegram CEO. But the French authority’s actions may pay off. If it causes big tech execs to think twice before they make changes to the detriment of others, that may serve its purpose.