Wednesday, 20 November 2024

JOHN MAC GHLIONN: Pavel Durov of Telegram's arrest is an attack on us all


Encryption is more than just a technical safeguard; it is a cornerstone of individual liberty in the digital age.

The recent arrest of Pavel Durov, the co-founder of Telegram, is a glaring example of a global assault on free speech and personal privacy. This crackdown, spearheaded by governments that view independent digital platforms as threats, must be viewed through a worldwide lens. The implications are profound, and they extend far beyond Europe.

Telegram has long been praised for its strong encryption features, a critical tool in safeguarding personal communications from Big Brother’s eyes. Encryption is more than just a technical safeguard; it is a cornerstone of individual liberty in the digital age. Without it, the concept of privacy—already tenuous in 2024—would be rendered nonexistent. Every word, every thought shared online would be trackable, traceable, and increasingly, punishable by law. In a functioning democracy, citizens must have the ability to communicate privately, without fear of surveillance or reprisal. Encryption ensures that personal data and communications are shielded from unauthorized access, whether by hackers, corporations, or governments. It is, in many ways, the last line of defense in a world where privacy is increasingly under attack.

The European Union's Digital Services Act (DSA), which began enforcement in November 2022, imposes rather extreme requirements on online platforms to remove illegal content and combat disinformation (a murky concept, for sure). While these goals are presented as necessary for public safety, they also open the door to unprecedented levels of government intrusion into private communications. The charges against Durov, centered on his alleged failure to regulate third-party content on Telegram, are less about enforcing the law and more about exerting control over a platform that has steadfastly resisted such interference.

This is not a controversial statement to make. One must only open their eyes and acknowledge reality.

Elon Musk, not one for holding his tongue, was quick to criticize Durov’s arrest, suggesting that the future might involve "being executed for liking a meme." While Musk’s rhetoric may seem extreme, it touches on a very real and frightening possibility. The erosion of privacy and the encroachment on free speech are not just theoretical concerns—they are happening right now. Lawmakers are tightening their grip on digital platforms, using laws and regulations as tools to stifle dissent and control the flow of information.

Consider the situation in Brazil, where the Supreme Court ordered the suspension of X. The decision was announced shortly after Musk refused to appoint a legal representative in the country. This action is part of a broader conflict over issues of free speech and the ever-evolving nature of what’s deemed to be misinformation. The court's ruling serves as a sobering reminder that no platform is beyond the reach of government influence. It also begs the question: which country will be the next to suspend or even outright ban X?

But let’s go back to Durov again. Perhaps the most alarming aspect of his detention is the possibility that it was influenced by the Biden administration. America First Legal (AFL) has filed Freedom of Information Act (FOIA) requests to investigate the potential involvement of the U.S. government in Durov’s arrest. The notion that a foreign government, particularly one with a vested interest in curbing the influence of independent platforms like Telegram, could be involved is not as outlandish as it might seem. In fact, if you're Kamala Harris or Joe Biden, it makes perfect sense. In their view, one assumes that Telegram is seen as a stain in need of removal, perhaps permanently. Pavel Durov is considered a foe, not a friend. Telegram has, up until now at least, stood as a bulwark against government overreach, and it is precisely this resistance that has made it and its co-founder a target.

In the aforementioned comment, where Musk discussed being executed for liking a meme, he asked his followers to imagine life in 2030. While it’s unlikely you’ll face a firing squad for engaging with online content five years from now, the threat of lengthy imprisonment is becoming disturbingly real. Take the UK, for example, where the resurgence of "non-crime hate incidents" (NCHI) signals a coordinated attempt to control the narrative, suppress dissent, and erode the very freedoms that safeguard a civilized society. The Labour government’s decision to reinstate broad NCHI reporting is yet another obvious example of how governments use the guise of safety and legality to justify invasive monitoring of their citizens. In Scotland, a nation once celebrated for its sharp wit and deep commitment to independent thought, the Hate Crime and Public Order (Scotland) Act of 2021 takes things a step further. Specifically, by introducing a new, intentionally vague offense: “inciting hatred.” This offense spans a broad range of categories, including age, disability, religion, sexual orientation, transgender identity, and intersex status. Basically, just about everything imaginable. What makes this law particularly chilling is the severe punishment it carries—up to seven years in prison—paired with its ridicolously hazy language. The prosecution merely needs to show that inciting hatred was "likely" to occur, without the burden of proving that it was "intended." The dystopian future Musk warned about isn't just looming; on closer inspection, it seems to have already arrived.


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