← Back to context

Comment by StopDisinfo910

18 hours ago

Very different charges however.

Durov was held on suspicion Telegram was willingly failing to moderate its platform and allowed drug trafficking and other illegal activities to take place.

X has allegedly illegally sent data to the US in violation of GDPR and contributed to child porn distribution.

Note that both are directly related to direct violation of data safety law or association with a separate criminal activities, neither is about speech.

I like your username, by the way.

CSAM was the lead in the 2024 news headlines in the French prosecution of Telegram also. I didn't follow the case enough to know where they went, or what the judge thought was credible.

From a US mindset, I'd say that generation of communication, including images, would fall under speech. But then we classify it very broadly here. Arranging drug deals on a messaging app definitely falls under the concept of speech in the US as well. Heck, I've been told by FBI agents that they believe assassination markets are legal in the US - protected speech.

Obviously, assassinations themselves, not so much.

  • In some shady corners of the internet I still see advertisements for child porn through Telegram, so they must be doing a shit job at it

  • "I've been told by FBI agents that they believe assassination markets are legal in the US - protected speech."

    I don't believe you. Not sure what you mean by "assassination markets" exactly, but "Solicitation to commit a crime of violence" and "Conspiracy to murder" are definitely crimes.

    • An assassination market, at least the one we discussed, works like this - One or more people put up a bounty paid out on the death of someone. Anyone can submit a (sealed) description of the death. On death, the descriptions are opened — the one closest to the actual circumstances is paid the bounty.

      One of my portfolio companies had information about contributors to these markets — I was told by my FBI contact when I got in touch that their view was the creation of the market, the funding of the market and the descriptions were all legal — they declined to follow up.

  • The issue is still not really speech.

    Durov wasn't arrested because of things he said or things that were said on his platform, he was arrested because he refused to cooperate in criminal investigations while he allegedly knew they were happening on a platform he manages.

    If you own a bar, you know people are dealing drugs in the backroom and you refuse to assist the police, you are guilty of aiding and abetting. Well, it's the same for Durov except he apparently also helped them process the money.