The LOPMI law, introduced in January 2023, criminalizes tech leaders whose platforms facilitate illegal activities, placing France at the forefront of nations taking a harder stance on crime-related online content. However, the law remains untested in court.
Durov, who was formally investigated last month, faces charges including “complicity in the administration of an online platform for illicit transactions by an organized gang,” which carries a maximum penalty of 10 years in prison and a €500,000 fine.
Being under formal investigation suggests there is enough evidence to proceed, though it does not imply guilt or guarantee a trial.
Out on bail, Durov denies allegations that Telegram operates as an “anarchic paradise,” asserting that the platform complies with EU laws and rejecting claims that it is responsible for misuse.
Paris Prosecutor Laure Beccuau praised the LOPMI law in a recent interview, calling it a valuable tool against organized crime operating online.
Experts note that no other country has a similar statute, making the law unique.
U.S. legal experts suggest that while American law could potentially charge a tech executive as a co-conspirator, proof of deliberate facilitation of criminal activities would be necessary.
French cyber law professor Michel Séjean views the law as a necessary measure for authorities frustrated with non-cooperative platforms.
The LOPMI law builds on a 2020 white paper advocating for increased investment in technology to combat cyber threats.
France has also enacted a related law allowing real-time geolocation of suspects by remotely activating their devices, though a proposal to use device cameras and microphones was rejected by the Constitutional Council.
The ambitious J3 cybercrime unit, which oversees Durov’s case, has recently made significant arrests, including the shutdown of the Coco chat forum, linked to numerous serious crimes.
The Coco case, involving allegations of rape and other offenses, highlights the law’s potential impact on cybercrime investigations.
The outcome of Durov’s case could set a significant precedent for how such new legislation is applied in future cybercrime prosecutions.
