Monday 7th of October 2024

a canary in the coal mine of information....

Fyodor Lukyanov: The arrest of Durov isn’t just about Telegram
Big changes are coming to the global information sphere, and the Telegram founder’s standing is a canary in the coal mine

The arrest of Telegram founder Pavel Durov, when he had decided to take a little trip to Paris, has caused a stir in various spheres – from the business and tech world to media and politics. We will focus on the latter, especially as the incident is becoming another milestone in a wider political reorganization.

 

BY Fyodor Lukyanov

 

Durov comes from a niche that claims transnational status above all else. Information and communication technologies seem to have turned the world into a common space and abolished sovereign jurisdiction. The enormous influence that the IT giants have acquired has been converted into gigantic amounts of money, which has in turn increased their influence further. Transnational corporations have always existed – in areas such as mining, engineering, and finance. But despite their international character, they were still tied to particular states and their interests. The global communications industry, and its associated innovation sector, has dared to break that link.

The period of globalization that lasted from the late 1980s to the late 2010s favored this sort of attitude. It encouraged the creation of a level playing field on which the most developed countries had a clear advantage. They benefited the most. The costs associated with the techno-giants’ growing ability to manipulate societies – including their own in the West – were not seen as critical.

The crisis of liberal globalization has led to a change in the international reality (you could also invert that statement and say the reverse without changing the essence). Thus, the willingness to play by common rules has rapidly and universally diminished. What is fundamental is that this applies even where these laws were originally written, in the leading states of the Western community.

The previous era has not disappeared without a trace. The world has become fiercely competitive, but it remains closely interconnected.

Two things hold it together. The first is trade and production, the logistical chains for which were created during the globalization boom and have qualitatively transformed the economy. They are extremely painful to break. And the second is a unified information field, thanks to ‘nationally neutral’ communications giants.

But there is something strange that separates us. It is not a desire to grab more of the pie – in the sense of what Lenin called the expansionist “imperialist predators” – but rather a sense of internal vulnerability that is growing in various states.

Paradoxically, this is more of a factor in the bigger and more important countries, because these are the powers that are involved in the biggest game. This explains their impulse to minimize any factor that might affect internal stability. First and foremost, this pertains to the channels that serve as conduits for influence (read: manipulation), either from outside or from certain internal forces.

Structures that operate transnationally – understandably – immediately look suspect. The view is that they should be ‘nationalized’, not through ownership but in terms of demonstrating loyalty to a particular state. This is a very serious shift, and in the foreseeable future this process could dramatically weaken the second pillar of the current global interconnectedness.

Durov, a committed cosmopolitan liberal, is a typical representative of the ‘global society’. He has had tensions with all the countries he has worked in, starting with his homeland and continuing throughout his more recent travels. Of course, as a big businessman in a sensitive industry, he has been in dialectical interaction with the governments and intelligence services of different countries, which has required maneuvering and compromise. But the attitude of avoiding any national entrenchment persisted. Having passports for all occasions seemed to widen his scope for action and increase his confidence. At least for as long as this very global society lived and breathed, calling itself the liberal world order. But it’s now coming to an end. And this time the possession of French nationality, along with a number of other things, promises to exacerbate rather than alleviate the predicament of the accused.

The ‘transnational’ entities will increasingly be required to ‘ground’ themselves – to identify with a particular state. If they do not want to, they will be affixed to the ground by force, by being recognized as agents not of the global world but of specific hostile powers. This is what is happening now with Telegram, but it’s not the first and it will not be the last such instance.

The struggle to subjugate the various actors in this sphere, thus fragmenting a previously unified field, is likely to be a key component of the next global political phase.

The tightening of control over everything to do with data will inevitably increase the degree of repression in the information sphere, especially since it is not easy in practice to block unwanted channels. But if relatively recently it seemed impossible to dig up the world’s information superhighway and make it unusable for travel, this no longer seems so far-fetched.

The most interesting question is how the likely shrinking of the global information realm will affect trade and economic connectivity, the remaining pillar of world unity. Judging by the pace of change, there will soon be newsworthy developments there too.

 

This article was first published by Russia in Global Affairs, translated and edited by the RT team

https://www.rt.com/news/603170-fyodor-lukyanov-arrest-of-durov/

 

YOURDEMOCRACY.NET RECORDS HISTORY AS IT SHOULD BE — NOT AS THE WESTERN MEDIA WRONGLY REPORTS IT.

 

liberté....

 

Pavel Durov: The quixotic free speech hero of our time

 

BY Stephen Karganovic 

It seems that over two hundred years after the Revolution, in France the Liberté part of its celebrated slogan has not really stuck. On Saturday 24 August, Russian social media platform entrepreneur Pavel Durov was arrested by the French police at La Bourget airport near Paris on trumped-up charges. The French authorities went about it in a sneaky third-world manner that does them no honour. They waited for Durov’s plane to enter French air space before issuing the arrest warrant. In it Durov was charged with a slew of “ham sandwich” offences, including such absurdities as “promotion of terrorism, paedophilia, fraud, drug trafficking, organised crime, and cyberbullying”. As soon as Durov departed the plane, he was surrounded and led off by police agents.

The actual reasons for this arrest have nothing to do with the allegation in the charge sheet and they are bound to resonate with partisans of freedom everywhere. Firstly, it is Durov’s resolute and principled refusal to share on demand with security agencies information that would compromise the privacy of Telegram users. Durov’s firm position in this regard collided directly with legislation which obligates social platforms operating on European Union territory to do precisely that. Secondly, the same legislation requires social media platforms to institute a humiliating system of what euphemistically is called “monitoring.” This amounts to directed censorship of opinions expressed by users in their Telegram posts. Durov wanted none of it. But in the EU, platform management is under orders to engage in this odious practice on behalf of and according to the directives of the totalitarian EU political elite. The firm rejection by Durov of that invasive demand, as we just saw, had dire consequences for his personal liberty.

All collective West based social platforms have willingly succumbed to these unethical demands and have more or less meekly agreed to act as extensions for their countries’ security services, to the detriment of users’ privacy.

Attentive readers will easily connect the dots and recall that far from being an isolated occurrence this arrest follows a pattern of repression targeting non-systemic public figures in all major collective West “democracies.”

Tucker Carlson a few months ago performed a huge public service by broadcasting an immensely informative interview with the thirty nine year-old Russian Wunderkind, recorded at Durov’s office in the United Arab Emirates.

The fascinating interview unveils the portrait of an enormously gifted, focused, eloquent, engagingly modest, and above all supremely principled person. Durov and his equally accomplished brother were the driving force behind VK, the Russian version of Facebook characterised by a much greater degree of sophistication, and later on of the Telegram social media platform which, at last count, had a global following of over nine hundred million users. But the key takeaway that emerged from Tucker Carlson’s interview, and it was with providential timing to counteract the deluge of media calumnies that is sure to follow Durov’s arrest, is something entirely different. It is the glaring contrast between the Russian genius, unmoved by the temptations of wealth and fame, and the avarice, vanity and emptiness of his Western counterparts who have been trying to compete with him in the same line of work.

With all that being said, like many members of the Russian intelligentsia, from A. Herzen in the 19th century on to the present day, Pavel Durov fell pray to his compatriots’ standard infantile misperception of where the grass is greener. At an earlier stage of his career he sadly failed to strike a reasonable balance between his passionate and laudable commitment to freedom and privacy and the conscientious fulfilment of his patriotic duties which, in their broad sweep, override fidelity to narrower principles, no matter how fundamental in their significance. Had he acted more flexibly then, and in the interview with Tucker Carlson the circumstances of that episode are fully revealed, he would not have turned into a stateless global nomad and most likely would not have fallen into the trap so treacherously sprung on him in Paris.

The legal situation arising from the detention of Pavel Durov, with the preposterous charges concocted against him and the harrowing possibility of twenty years’ imprisonment, is tailor made for maître Jacques Vergès but, unfortunately, he is no longer with us. One hopes that Durov will secure competent and uncorrupted representation and that his legal counsel shall grasp the self-evident fact that the case against him in its entirety is political, with criminal elements maliciously contrived and grafted on for propaganda effect.

The Assange case now having been settled, Pavel Durov is certain to become the new global privacy and freedom of expression icon. Freedom loving people world-wide will mobilise to show support in order to extract him from the clutches of the pathetic Macron regime and its overseas “partners” who, from the background, are undoubtedly pulling the strings. That is well and good. But one simply wishes that once and for all liberty would triumph. Icons are uplifting, but we could easily do with one fewer if that were the price that we should have to pay in order to secure the freedom to which Pavel so admirably dedicated his passionate idealism and irrepressible creativity.

https://strategic-culture.su/news/2024/08/27/pavel-durov-the-quixotic-free-speech-hero-of-our-time/

 

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Durov’s arrest represents a new level of desperation from western elites

 

BY Martin JAY

 

The arrest of Pavel Durov marks a new low point on the scumline of the side of the bath – the tub being western democracies and the line being their desperation to stay in power at the costs of controlling social media. Durov, who owns Telegram and lives in Dubai, could be in jail for months and possibly years on the trumped-up charges which the French state has conjured up simply because he refuses to allow any government to have a back door into Telegram. He has fought this tooth and nail for years with the west, in particular the U.S., playing every dirty trick in the book to get access to the platform for its own nefarious purposes – to destroy opposition figures, their strategies etc. – rather than what it is dressed up to be, identifying terrorists and international criminals.

As the UK ponders how its own state has sunk to a new totalitarian level in recent days with the arrest of its citizens who merely like a posting on a social media platform, the West has arrested this French Russian dual national genius who is charged with the crimes of those criminals active on Telegram. And so charges of terrorism and trafficking in minors, drugs and whatever else they can find on the platform will be made against him as someone abetting in the crimes. Of course, the same rules will not be levelled against Elon Musk who surely has criminals on his platform or for that matter any of the other social media platforms.

But how many of these platforms are also taking the same stand as Durov? We are led to believe that most of them aren’t but in light of his arrest we should assume that many of them have already allowed some sort of access to them for the deep state. Elon Musk likes to brag about his refusal to comply with the EU’s demands that he “moderates” who he allows onto X, adding that other social media platforms accepted the deal offered to him by Brussels: comply with our requests and we grant you some leniency on future antitrust fines. This offer, which he claims was happily accepted by other platforms is a close as you can get to the EU offering a brown envelope stuffed full of cash to a man in a pub. It’s a bribe and gives a clue as to how anti-democratic the EU is and how it operates in the shadows.

The French arrest however goes deeper in that we can assume that it was not France operating alone to nab Durov. We can assume that the FBI and CIA had probably pushed Macron to do this appalling dirty work but perhaps also Israel had a hand in it. Just recently, Netanyahu complained that data which was stolen from the government was being exchanged on Telegram and asked Durov to step in and retrieve it. He got not reply. Did Mossad have a hand in the arrest of Telegram’s boss? It seems credible given that it is hard to believe the Durov would fly into French airspace eyes wide open. Was it a kidnapping operation to get his plane and his pilot to land in Paris? French TV channel TF1 said Dubai-based Durov had been travelling from Azerbaijan and was arrested at around 8 p.m. (1800 GMT) on Saturday 24th of August but did not state whether the plane’s ultimate destination had been France.

The details around the arrest are very sketchy, but according to Reuters, Durov, whose fortune was estimated by Forbes at $15.5 billion, said some governments had sought to pressure him but the app should remain a “neutral platform” and not a “player in geopolitics”.

Another question which arises from the arrest is whether it is an international effort by western countries led by the U.S. – with Israel very much part of it – to test the waters for other arrests. Pundits have been dismissed as conspiracy theorists for weeks now suggesting Elon Musk will be arrested at some point, or charged in his absence, by UK authorities for some of the more controversial posts he has made about the political situation in the UK, or even by the EU which appears to have started a legal battle with him after he refused to respond to two letters sent to him by a French European Commissioner. Perhaps even the Democrats in the U.S. might play the same card given that Musk has lost all credibility as this neutral player in U.S. politics after he has so openly supported Trump who has promised him a position in a new government if he were to enter the Oval Office. There is no such thing really as free speech. It comes at a very high price for those who want to protect and cherish it and now France will test the political landscape to see how the arrest of Durov will affect Macron’s ratings. The French president has made outstandingly poor judgment in the past in calling for parliamentary elections immediately after EU ones which gave so much power to far-right groups, so he seems to be good at falling on his own sword. He may well have factored that Durov does not have the popularity of say Assange who didn’t stir so much political anger when he was banged up for years in a filthy, dank cell in the UK on trumped up charges from the U.S.

What is especially worrying is that locking up powerful people who have huge followings on the internet is becoming a trend which people are getting used to. The war between those who want to control the perceived truth and those who hold the actual one is hotting up. Scott Ritter, Andrew Tate, Richard Medhurst all arrested within days of one another, while Musk himself shuts down Egyptian comedian Bassem Youseff who had 10m followers on X. What we are witnessing is a new level of desperation that western elites are more afraid than ever that after wasting hundreds of billions of dollars in Ukraine and starting a world war in the Middle East that voters have no confidence any more in their decision-making, as they, the public, struggle more and more to pay for groceries or even heat their houses. It’s a new milestone in the blind dogma of elites to resort to tactics which we would have scorned China or North Korea for using just a few years ago. It’s a new level of panic which we haven’t seen before.

https://strategic-culture.su/news/2024/08/26/durov-arrest-represents-a-new-level-of-desperation-from-western-elites/

 

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YOURDEMOCRACY.NET RECORDS HISTORY AS IT SHOULD BE — NOT AS THE WESTERN MEDIA WRONGLY REPORTS IT.

 

unmanageable.....

 

By Craig Murray
CraigMurray.org.uk

 

The detention of Pavel Durov is being portrayed as a result of the EU Digital Services Act. But having spent my day reading the EU Services Act (a task I would not wish upon my worst enemy), it does not appear to me to say what it is being portrayed as saying.

EU Acts are horribly dense and complex, and are published as “Regulations” and “Articles.” Both cover precisely the same ground, but for purposes of enforcement the more detailed “Regulations” are the more important, and those are referred to below. The “Articles” are entirely consistent with this. 

[Durov was formally charged on Wednesday and prevented from leaving France.] 

So, for example, Regulation 20 makes the “intermediary service,” in this case Telegram, only responsible for illegal activity using its service if it has deliberately collaborated in the illegal activity.

Providing encryption or anonymity specifically does not qualify as deliberate collaboration in illegal activity.

“(20) Where a provider of intermediary services deliberately collaborates with a recipient of the services in order to undertake illegal activities, the services should not be deemed to have been provided neutrally and the provider should therefore not be able to benefit from the exemptions from liability provided for in this Regulation. 

This should be the case, for instance, where the provider offers its service with the main purpose of facilitating illegal activities, for example by making explicit that its purpose is to facilitate illegal activities or that its services are suited for that purpose. The fact alone that a service offers encrypted transmissions or any other system that makes the identification of the user impossible should not in itself qualify as facilitating illegal activities.”

And at para 30, there is specifically no general monitoring obligation on the service provider to police the content. In fact it is very strong that Telegram is under no obligation to take proactive measures.

“(30) Providers of intermediary services should not be, neither de jure, nor de facto, subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in compliance with Union law, as interpreted by the Court of Justice of the European Union, and in accordance with the conditions established in this Regulation.

Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or a general active fact-finding obligation, or as a general obligation for providers to take proactive measures in relation to illegal content.”

However, Telegram is obliged to act against specified accounts in relation to an individual order from a national authority concerning specific content. So while it has no general tracking or censorship obligation, it does have to act at the instigation of national authorities over individual content. 

“(31) Depending on the legal system of each Member State and the field of law at issue, national judicial or administrative authorities, including law enforcement authorities, may order providers of intermediary services to act against one or more specific items of illegal content or to provide certain specific information. The national laws on the basis of which such orders are issued differ considerably and the orders are increasingly addressed in cross-border situations.

In order to ensure that those orders can be complied with in an effective and efficient manner, in particular in a cross-border context, so that the public authorities concerned can carry out their tasks and the providers are not subject to any disproportionate burdens, without unduly affecting the rights and legitimate interests of any third parties, it is necessary to set certain conditions that those orders should meet and certain complementary requirements relating to the processing of those orders. 

Consequently, this Regulation should harmonise only certain specific minimum conditions that such orders should fulfil in order to give rise to the obligation of providers of intermediary services to inform the relevant authorities about the effect given to those orders. Therefore, this Regulation does not provide the legal basis for the issuing of such orders, nor does it regulate their territorial scope or cross-border enforcement.”

The national authorities can demand content is removed, but only for “specific items”:

“51) Having regard to the need to take due account of the fundamental rights guaranteed under the Charter of all parties concerned, any action taken by a provider of hosting services pursuant to receiving a notice should be strictly targeted, in the sense that it should serve to remove or disable access to the specific items of information considered to constitute illegal content, without unduly affecting the freedom of expression and of information of recipients of the service. 

Notices should therefore, as a general rule, be directed to the providers of hosting services that can reasonably be expected to have the technical and operational ability to act against such specific items. The providers of hosting services who receive a notice for which they cannot, for technical or operational reasons, remove the specific item of information should inform the person or entity who submitted the notice.”

There are extra obligations for Very Large Online Platforms, which have over 45 million users within the EU. These are not extra monitoring obligations on content, but rather extra obligations to ensure safeguards in the design of their systems:

“(79) Very large online platforms and very large online search engines can be used in a way that strongly influences safety online, the shaping of public opinion and discourse, as well as online trade. The way they design their services is generally optimised to benefit their often advertising-driven business models and can cause societal concerns. 

Effective regulation and enforcement is necessary in order to effectively identify and mitigate the risks and the societal and economic harm that may arise. 

Under this Regulation, providers of very large online platforms and of very large online search engines should therefore assess the systemic risks stemming from the design, functioning and use of their services, as well as from potential misuses by the recipients of the service, and should take appropriate mitigating measures in observance of fundamental rights. 

In determining the significance of potential negative effects and impacts, providers should consider the severity of the potential impact and the probability of all such systemic risks. For example, they could assess whether the potential negative impact can affect a large number of persons, its potential irreversibility, or how difficult it is to remedy and restore the situation prevailing prior to the potential impact.

 

(80) Four categories of systemic risks should be assessed in-depth by the providers of very large online platforms and of very large online search engines. A first category concerns the risks associated with the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech or other types of misuse of their services for criminal offences, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including dangerous or counterfeit products, or illegally-traded animals. 

For example, such dissemination or activities may constitute a significant systemic risk where access to illegal content may spread rapidly and widely through accounts with a particularly wide reach or other means of amplification. Providers of very large online platforms and of very large online search engines should assess the risk of dissemination of illegal content irrespective of whether or not the information is also incompatible with their terms and conditions. 

This assessment is without prejudice to the personal responsibility of the recipient of the service of very large online platforms or of the owners of websites indexed by very large online search engines for possible illegality of their activity under the applicable law.”

“(81) A second category concerns the actual or foreseeable impact of the service on the exercise of fundamental rights, as protected by the Charter, including but not limited to human dignity, freedom of expression and of information, including media freedom and pluralism, the right to private life, data protection, the right to non-discrimination, the rights of the child and consumer protection. 

Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or by the very large online search engine or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition. 

When assessing risks to the rights of the child, providers of very large online platforms and of very large online search engines should consider for example how easy it is for minors to understand the design and functioning of the service, as well as how minors can be exposed through their service to content that may impair minors’ health, physical, mental and moral development. Such risks may arise, for example, in relation to the design of online interfaces which intentionally or unintentionally exploit the weaknesses and inexperience of minors or which may cause addictive behaviour.

(82) A third category of risks concerns the actual or foreseeable negative effects on democratic processes, civic discourse and electoral processes, as well as public security.

(83) A fourth category of risks stems from similar concerns relating to the design, functioning or use, including through manipulation, of very large online platforms and of very large online search engines with an actual or foreseeable negative effect on the protection of public health, minors and serious negative consequences to a person’s physical and mental well-being, or on gender-based violence.

Such risks may also stem from coordinated disinformation campaigns related to public health, or from online interface design that may stimulate behavioural addictions of recipients of the service.

(84) When assessing such systemic risks, providers of very large online platforms and of very large online search engines should focus on the systems or other elements that may contribute to the risks, including all the algorithmic systems that may be relevant…”

This is very interesting. I would argue that under Article 81 and 84, for example, the blatant use of both algorithms limiting reach and plain blocking by Twitter and Facebook, to promote a pro-Israeli narrative and to limit pro-Palestinian content, was very plainly a breach of the EU Digital Services Directive by deliberate interference with “freedom of expression and information, including media freedom and pluralism.” 

The legislation is very plainly drafted with the specific intent of outlawing the use of algorithms to interfere with freedom of speech and public discourse in this way

But it is of course a great truth that the honesty and neutrality of prosecution services is much more important to what actually happens in any “justice” system than the actual provisions of legislation. 

Only a fool would be surprised that the EU Digital Services Act is being shoehorned into use against Durov, apparently for lack of cooperation with Western intelligence services and being a bit Russian, and is not being used against either Elon Musk or Mark Zuckerberg for limiting the reach of pro-Palestinian content.

It is also worth noting that Telegram is not considered to be a very large online platform by the EU Commission who have to date accepted Telegram’s contention that it has less than 45 million users in the EU, so these extra obligations do not apply.