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No, the reasons given for the arrest in the press release from the prosecutor's office includes the charge of him not getting appropriate permission before impl
by ETH_start 2y ago
No, the reasons given for the arrest in the press release from the prosecutor's office includes the charge of him not getting appropriate permission before implementing E2E. This is an anti-encyption measure, amongst other things.
https://www.tribunal-de-paris.justice.fr/sites/default/files/2024-08/2024-08-26%20-%20CP%20TELEGRAM%20.pdf https://www.tribunal-de-paris.justice.fr/sites/default/files...
English translation of the last three points:
• Providing cryptology services aimed at ensuring confidentiality without certified declaration.
• Providing a cryptology tool not solely ensuring authentication or integrity monitoring without prior declaration.
• Importing a cryptology tool ensuring authentication or integrity monitoring without prior declaration.
- yorwba 2y agoThese three points are not about not getting permission, but about not declaring the services offered. The difference being that permission can be refused, but a declaration is just a one-sided formality. Other services do require permission, like offering cryptanalysis tools or exporting to non-allied countries. See this info page by the French government: https://cyber.gouv.fr/controle-relatif-un-moyen-de-cryptologie https://cyber.gouv.fr/controle-relatif-un-moyen-de-cryptolog...
- ETH_start 2y agoSo in what way did Telegraph fail to declare the cryptographic services offered? "Certified declaration" implies an authority that certifies it, i.e. approves it, i.e. has to give permission.
- yorwba 2y agoSince the case hasn't yet been adjudicated, I don't know whether or how Telegram failed to provide a certified declaration, but it seems possible that they simply never submitted the form. "Certified declaration" does not imply any authority giving permission, especially not when the original French is "déclaration conforme." You could call it a "declaration fulfilling the legal requirements" instead if you want.
- ETH_start 2y agoI find it difficult to imagine that failing to submit a form that does not involve obtaining any kind of approval, would be something you get criminally charged for. To what end would criminal penalties be given for such a benign infraction?
- sgjohnson 2y ago> I find it difficult to imagine that failing to submit a form that does not involve obtaining any kind of approval, would be something you get criminally charged for. Try not filing the taxes in the US. > would be something you get criminally charged for. They clearly just charged him with everything they could think of.
- ETH_start 2y agoFiling taxes is associated with obligations, that you must meet. Encryption being free to employ would not be accompanied by any such obligations.
- sgjohnson 2y agoThere are plenty of WW2/Cold-war era laws on the book regarding cryptography in a lot of countries though. Even the US. https://en.m.wikipedia.org/wiki/Export_of_cryptography_from_the_United_States https://en.m.wikipedia.org/wiki/Export_of_cryptography_from_...
- ETH_start 2y agoWell then "certified declaration" does imply some restrictions on encryption. You need to employ the encryption in a manner that meets the government requirements.