Avoid Durov's fate, use end-to-end encryption

Pavel Durov is now in detention in France. The authorities didn’t precise if Durov himself is accused of anything, but they might think he can help for cases of extorsion, terrorism, money laundering and others.

It is far-fetched to think that Durov himself is a terrorist, or personally helped terrorists use Telegram. But it is as far-fetched to think that Durov can’t help the police against terrorists on Telegram. If he can, he should. Not in a moral sense, but in a legal sense.

The crime isn’t that Telegram is used by criminal groups, it’s simply that Telegram isn’t end-to-end encrypted (e2ee), and therefore, Durov is compelled (legally speaking) to take actions he promised of never taking.

On a purely theoretical level, building the tools someone else use for crime is not criminal, in fact, it must not be criminal. Otherwise, we face a complete colapse of the justice system.

Let me explain. Why stop at communication tools? What about operating systems? Is Apple and Google responsible for making systems allowing terrorists to use Telegram to communicate? After all, most of the complexity in a messaging app is not in the app itself, but in the network stack. And why stop there? The messages wouldn’t end on the terrorist phones if Bouygue, Vodafon or Comcast didn’t carry them. What about the weapon manifacturer? Without the gun, the terrorist couldn’t have fired any bullet. etc. etc. Everyone is a criminal by that measure.

For this reason, building tools useable for crime is not a crime of itself. Therefore, the only reasonable assumption is that Durov was arrested – not for building a tool terrorists use – but for not acting on his ability to prevent terrorist acts.

And he has this ability because Telegram isn’t e2ee.

If you believe no one should have the power to inspect and censure personal or public communication, don’t create this power. Even if just for yourself. Even if you think you won’t ever use that power. The world has ways to come up with surprises.