Telegram’s Weakening Privacy
September 26, 2024
Privacy Plus+
Privacy, Technology and Perspective
This week, let’s consider the news that social-media giant Telegram may now deliver users’ IP addresses and telephone numbers to criminal authorities “upon valid legal request.”
Background:
Telegram is a messaging app featuring end-to-end encryption. Its use has rapidly increased recently.
At least since the introduction of “Pretty Good Privacy” (PGP) internet messaging has struggled between the needs of criminal justice and national security authorities on one hand, and those of privacy advocates on the other. Neither side has sole claim to all the moral high ground. Government can’t cede communication tools to criminals, but especially in countries with few or no protections for free speech, the privacy of confidential social media like Telegram can be invaluable.
As between security and privacy, Telegram has long cemented its flag on the “privacy” side, selling itself as a confidential haven for dissidents, protesters, critics, and irritants of establishments everywhere. Understandably, this stance has also attracted an ugly criminal element, and has led to much criticism of Telegram for not doing enough to protect against, e.g., gang transactions, human trafficking, and terrorism.
Perhaps predictably, the criticism came to a head recently in France, where Telegram founder and CEO Pavel Durov was arrested and interviewed by French authorities over suspected criminal activity on Telegram and Telegram’s failure to turn over information about it to French authorities when asked.
This Week:
On Monday of this week, Telegram announced that it is amending its Terms of Service and Privacy Policy to state that it will now deliver users’ IP addresses and telephone numbers to criminal authorities “upon valid legal request.”
You can read Mr. Durov’s post announcing the change here:
You can read Telegram’s Privacy Policy (esp. Section 4, relating to “keeping your personal data safe”) here:
https://telegram.org/privacy#4-keeping-your-personal-data-safe
Our Thoughts:
Mr. Durov may have a point – albeit an exaggerated one – when he claims that because of the nature of their encryption, platforms like Telegram can’t track down every illegal use or violation of its Terms of Service (“don’t use our platform for illegal purposes,” etc.). But it can do some things, such as closing channels which have been shown to be used by Hamas or far-right, anti-immigrant terrorists. Exactly what French authorities claim that Telegram could do but hasn’t, is not clear from public reports but may relate to handing over user identities.
We expect that Telegram’s new, less-strident position will cool the ardor for Telegram, among those who fear government attention.
But we also expect that much will depend on the meaning of the standard, “valid legal request.”
And we wonder how much has changed or really will change, given that Telegram has never been any freer of responsibility to legitimate government request than anyone else.
You can read more about this development in these sources:
https://www.cnn.com/2024/09/23/tech/telegram-ceo-durov-arrest-user-data-changes/index.html
https://www.trustedreviews.com/news/is-telegram-safe-4130553
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Hosch & Morris, PLLC is a boutique law firm dedicated to data privacy and protection, cybersecurity, the Internet and technology. Open the Future℠.