Daphne Keller’s Post

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Director, Program on Platform Regulation at Stanford Cyber Policy Center

The Telegram CEO arrest in France seems unsurprising, and like something that also could have happened under U.S. law. It has long been rumored (and maybe reliably reported?) that Telegram fails to remove things like unencrypted CSAM or accounts of legally designated terrorist organizations even when notified. That could make a platform liable in most legal systems, including ours. CSAM, terrorist content, and drug sales are all regulated by federal criminal law. Platforms have no immunity from that law. There are even some special provisions for platforms in federal criminal drug law (though IIRC they didn't add much). The prosecution of Silk Road operator Ross Ulbricht seems pretty analogous here. That was about federal criminal liability of a platform operator. In addition to drug charges, Wikipedia says he was convicted re money laundering, hacking, and forged identity documents. We even arrest platform operators for copyright infringement. Remember Megaupload and Kim Dotcom? Apparently New Zealand finally agreed to extradite him this month. https://lnkd.in/gAGQjrNq I am usually one of the people making noise about free expression consequences when lawmakers go overboard regulating platforms. Possibly this will turn out to be one of those cases. But so far, I don't think so.

Daphne Keller, graphic
Daphne Keller

Director, Program on Platform Regulation at Stanford Cyber Policy Center

8mo

As an addendum, I wrote this before the formal charges were published. This is relevant for most of them. But those three at the end seem to be about liability for making an encrypted communications service available. Yikes!!

Devdatta Akhawe, graphic
Devdatta Akhawe

Engineering at Figma. I am hiring!

8mo

Out of curiosity, given above, why do you think LE hasn't asked Google/Apple to take down these apps from the app store? Isn't there a level of violation at which Google/Apple are the ones who take action too?

Antonio Rocha, graphic

I’m always surprised to see 1 guy being arrested (seemingly for being Russian) when there’s plenty of comparable use cases of platform owners, registered in US jurisdictions (like Mark et al) that continue to roam free while unspeakable abuse, drugs and plenty other etcs are also happening in their platforms. But I guess their stock holders are not the same. So regulation has this strange effect of being applied as a market weapon, depending on the spreadness of one’s investors. 

Fred von Lohmann, graphic

Is it just the central servers and control they enable that distinguish this from the web or Tor or bit torrent? I feel like we've all been trying to map that border for 30 years...

Chris Marsden, graphic
Chris Marsden

Professor of Artificial Intelligence (AI), Technology, and the Law at Monash University

8mo

It looks quite like Felix Somm, the 1996 Bavaria CompuServe case (of course he had left the company...)

Duc Pham, graphic

That is not even the real CEO of Telegram :))))

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David Rakowski, graphic
David Rakowski

Your guide for writing that works | Partnering with legal and B2B to solve business problems with content and copywriting | Bringing humanity to the table, because AI is neither artificial nor intelligent.

8mo

It's a good start...

Jim L., graphic
Jim L.

Licensed attorney and privacy professional

7mo

It seems like Telegram does comply with requests related to unencrypted chats but cannot comply regarding encrypted chats, which officials don't seem to understand. Blackberry was in the same position with their Messenger platform.

Mark MacCarthy, graphic
Mark MacCarthy

Adjunct Professor/Non-Resident Senior Fellow

8mo

Maybe, but we don’t know yet, do we, until the French authorities say more.

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