Prosecuting communication services providers as crime facilitators: A cautionary tale

This article examines a novel trend in combating organised (cyber)crime: prosecuting communication service providers for complicity in offences committed by their users. Illustrative of this approach is the high-profile case involving Pavel Durov, CEO of Telegram, launched in 2024. The authors observe that, over the past decade, bulletproof hosting providers and providers of crypto communication services have also been prosecuted. They were prosecuted on the charges of complicity for computer crimes and organised crime, such as drug trafficking facilitated through their platforms. Drawing from Dutch judgments, the article examines this prosecution strategy and identifies its challenges and risks. Moreover, the authors identify key constraints for these operations from a fundamental rights perspective.

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Publication Details

Journal
Computer law & security review
Published
2026-04-20
DOI
https://doi.org/10.1016/j.clsr.2026.106330
Primary Topic
Cybercrime and Law Enforcement Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Prosecuting communication services providers as crime facilitators: A cautionary tale

Sofie Royer, J.J. Oerlemans
Computer law & security review
Cybercrime and Law Enforcement Studies
article

Prosecuting communication services providers as crime facilitators: A cautionary tale

Sofie Royer, J.J. Oerlemans
article en

Abstract

This article examines a novel trend in combating organised (cyber)crime: prosecuting communication service providers for complicity in offences committed by their users. Illustrative of this approach is the high-profile case involving Pavel Durov, CEO of Telegram, launched in 2024. The authors observe that, over the past decade, bulletproof hosting providers and providers of crypto communication services have also been prosecuted. They were prosecuted on the charges of complicity for computer crimes and organised crime, such as drug trafficking facilitated through their platforms. Drawing from Dutch judgments, the article examines this prosecution strategy and identifies its challenges and risks. Moreover, the authors identify key constraints for these operations from a fundamental rights perspective.

Computer law & security reviewVol. 61
Rega Institute for Medical Research (BE), Institute of Criminology (SI)
Gender equality
Openalex Percentile: Top 5%
Cybercrime and Law Enforcement Studies
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