French prosecutors are confident that they can finally put Durov behind bars with a secret trump cards

French prosecutors are determined to take down the boss of Telegram, Pavel Durov, with its ultimate trump card - a tough new law that criminalises tech titans whose platforms allow illegal products or activities.

The law, known as LOPMI (Law on the Orientation and Programming of Internal Security), enacted in January 2023, has placed France at the forefront of a group of nations taking a sterner stance on crime-ridden websites.

French prosecutors doubling down their efforts on Pavel Durov

Such a sequence of moves is completely bizarre given that prosecutors have not yet secured a conviction to demonstrate the effectiveness of the law. By applying an untested law which is unique in its scope, it could make France the first country to target tech executives in this way directly.

This begs the question why French authorities are so determined to take Pavel Durov down? French President Emmanuel Macron clarified on X that Durov's arrest was nothing political; it the ultimate fate of Telegram's CEO will be determined by the French judges.

But one of the biggest barriers the French prosecutors will face is to prove a direct relationship between Durov's involvement in the misuse of the messaging platform, be it due to negligence or maybe more sinister, like bribery.

Either way, prosecutors will need to dig out concrete evidence to follow through on the charges. If Durov is proven guilty, he would be guilty of the "complicity in the administration of an online platform to allow an illicit transaction", which carries a maximum of 10-year sentence and a 5,000 euros fine.

Impact of Durov's case on the future of LOPMI

France is also the first country to implement a law like LOPMI. Thus the Pavel Durov case could have far reaching implications of the future of LOPMI and other laws alike.

If French prosecutors are able to prosecute Durov under the lOPMI law, then it would set a legal precedent for other platform owners who are accountable for illegal activities on their platform, leading to increased global scrutiny on how platforms manage illegal content and activities.

But if it fails, it may signal that current laws are too aggressive or that they might need further refinement.

Prosecutors in Paris, led by Laure Beccuau, have praised the law as a powerful tool in their arsenal against organised cybercrime, including child exploitation, credit card trafficking, and denial of service attacks.

While the law gives French authorities unprecedented power, legal and academic experts caution that its untested nature could lead to challenges in court. Nevertheless, France's new cybercrime law will play a vital role in the cracking down of criminal activity on the internet.