Bart Custers discusses arrest of Telegram CEO in 'Trouw'
Pavel Durov, CEO of chat and messaging app Telegram, was arrested in France last week. The Russian tech billionaire flew into Paris by private jet and was arrested on suspicion of cybercrimes. Telegram allegedly facilitates criminal activities such as money laundering. This raises the question of how far a platform is responsible for its online content and whether the French government is interfering with online rights and freedoms too much.
However, if someone builds and operates a platform where cybercriminals have free rein, this not only facilitates crime – it is actually a crime in itself. Bart Custers, Professor of Law & Data Science at eLaw, Leiden University's Center for Law and Digital Technologies, wrote this in Dutch national newspaper Trouw on 4 September 2024. The argument that arresting the Telegram CEO interferes with rights and freedoms on social media overlooks the point that this case concerns crime.
In his article, Professor Custers draws a parallel with the Tornado Cash case, when earlier this year a Dutch court sentenced a 31-year-old Russian for developing and running an app that enabled criminals to launder crypto currencies. According to the court, building and operating an app used by criminals comes with responsibilities. Knowing about criminal use and choosing not to take action can itself be punishable by law.