Archaic Crypto Law Charges Reveal French Intel's Access to Private Communications

The Durov saga in France and the continued efforts by countries around the world to crack down on his popular cloud-based, end-to-end encrypted private messenger and social media software has divulged a string of embarrassing details about the sorry state of internet privacy and freedom of information.

The 2004 law – uniquely blunt in its demand that companies divulge info about the tech tools used for private communications, is being used against Durov by accusing him of providing encrypted communications services “without certified declaration.”

The legal requirement also means, if it is applied evenly across the board, that the array of instant messengers available to French users, from WhatsApp and Signal to iMessage and the French-made Olvid ‘secure’ messenger used by the French government, do comply with ANSSI regulations, meaning French intelligence can potentially spy on any or all French users at any time.

This studio photographic illustration shows a smartphone with the website of Israel's NSO Group which features 'Pegasus' spyware, on display in Paris on July 21, 2021. - Private Israeli firm NSO Group has denied media reports its Pegasus software is linked to the mass surveillance of journalists and rights defenders, and insisted that all sales of its technology are approved by Israel's defence ministry - Sputnik International, 1920, 04.12.2021

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Adding credence to this idea is the fact that Pavel Durov is reportedly the first-ever tech mogul to be charged under the 2004 law, and the fact that many big-name tech companies have been silent on the Durov case, with the exception of Proton CEO Andy Yen, who characterized the charges against the Russian-born tech mogul as “economic suicide” that’s “rapidly and permanently changing the perception of founders and investors” toward France.

“If sustained, I don’t see how tech founders could possibly travel to France, much less hire in France,” Yen wrote last week.

The law is also reminiscent of the case against WikiLeaks cofounder Julian Assange, who was threatened with decades of jail time by the US under the obscure Espionage Act of 1917, even though that he was not an American citizen, and a publisher, not a spy. Former president Donald Trump was charged under the same act in his classified documents case, which got thrown out by a judge in July.