The investigation into Telegram CEO Pavel Durov, which has sent shockwaves through the global tech community, was initiated by a small cybercrime unit within the Paris prosecutor’s office, led by 38-year-old Johanna Brousse. Durov, 39, was arrested last Saturday, marking a pivotal moment in how some global authorities may begin to address tech leaders who are reluctant to police illegal content on their platforms.
Durov’s arrest underscores the determination of the J3 cybercrime unit, but legal experts suggest that the true test will be whether Brousse can secure a conviction based on a largely untested legal argument. In a groundbreaking move against a major tech CEO, prosecutors have argued that Durov is responsible for the alleged illegal activities on his platform, placing him under formal investigation on organized crime charges. He is suspected of complicity in operating an online platform that facilitates the posting of child sex abuse images, drug trafficking, and fraud.
Durov’s lawyer dismissed these allegations as “absurd,” insisting that Telegram complies with European laws, a sentiment echoed in an earlier statement by the company.
In France, being placed under formal investigation does not imply guilt or necessarily lead to a trial, but indicates that judges believe there is enough evidence to continue the probe. Such investigations can take years before they are either brought to trial or dropped. Although Durov has been released on bail, he is prohibited from leaving France.
Brousse’s unit began investigating Durov earlier this year after observing numerous alleged crimes on his platform and becoming frustrated with what Paris Prosecutor Laure Beccuau described as an “almost total lack of response from Telegram to judicial requests.”
Brousse has declined to comment on the case. However, in a January interview with the newspaper Liberation, she mentioned that her office was increasingly involved in investigations concerning Telegram and rival messaging app Discord, adding that combating crime on these platforms was “one of my battles.”
Discord’s CEO, Jason Citron, did not respond to requests for comment.
Brousse’s J3 cybercrime unit is one of France’s most important, with nationwide prosecutorial authority. However, it is small, comprising just five prosecutors, compared to the 55-60 cybercrime prosecutors in Switzerland, according to a 2022 parliamentary report. Despite limited resources, Brousse told Le Figaro last year that they “prioritize the most serious crimes.”
In a 2022 podcast, Brousse expressed her desire to be tough on cybercriminals, stating, “We want people to be prosecuted, either in their country … or in France through arrest warrants.” She emphasized that her office handles “extremely sensitive cases,” where legal and geopolitical issues often intersect.
Patrick Perrot, who coordinates AI-assisted investigations at the French gendarmerie and advises the Interior Ministry’s cybercommand unit, praised the J3 unit’s innovative approach, noting that its actions could set an international precedent. “I think it shows that you can’t do whatever you want with these platforms,” Perrot told Reuters. He stressed that the regulation of such platforms is crucial for the future.
Brousse has led the J3 unit since 2020, overseeing some of France’s most significant—and controversial—cybercrime cases. In late 2020, the J3 took charge of the investigation into Sky ECC, a major encrypted communications service used by criminals for drug trafficking, weapons deals, and murder. French, Dutch, and Belgian police had hacked into their servers, located in northern France, granting French prosecutors jurisdiction over many resulting cases.
Since the takedown of Encrochat in 2020, more than 6,500 arrests have been made, with the legality of the intercepts challenged in courts across Europe. Canadian Encrochat boss Paul Krusky was extradited to France in February, where he now awaits trial, while lawyers for Sky ECC’s Jean-François Eap are contesting his French arrest warrant.
Stephane Bonifassi, Eap’s lawyer, maintains his client’s innocence, arguing that “Sky ECC was not conceived as a tool for criminals, nor commercialized as such.” Krusky’s lawyer, Antoine Vey, also asserts his client’s innocence, stating that Krusky’s service was intended to protect users’ privacy, not to facilitate criminal activities.
Two French lawyers involved in the Sky ECC and Encrochat cases told Reuters that these earlier investigations gave prosecutors the ambition—and a framework—to target Durov. Robin Binsard, who has handled Encrochat cases at France’s top court, remarked that prosecutors would need to prove that Durov was aware of and approved the criminal activities on Telegram, calling this argument “highly questionable.” Binsard added that a failure to comply with law enforcement requests “does not automatically make one an accomplice to a criminal project.”
He noted that France appears to be targeting encrypted messaging providers and that other app operators, such as Signal, “should be concerned about whether or not they are in compliance with French regulations. Because the message is clear—if they are not, legal action will take place.” Signal did not immediately respond to a request for comment.
