Telegram’s neutrality might have become an annoyance, but this shift alone doesn’t explain Durov’s perplexing arrest. Telegram has long been more pugnacious in its relations with courts and regulators than most publicly traded platforms, but it is far from unique in offering encrypted messaging. In fact, end-to-end encrypted chat makes up a much smaller portion of its use than competing services. While Telegram’s “secret chats” are end-to-end encrypted, its massive public channels are not. If Telegram’s encryption is at issue, WhatsApp owner Mark Zuckerbeg and Signal founder Moxie Marlinspike and many other tech luminaries should avoid France.

More generally, it is hard to see how France has jurisdiction over Telegram. Telegram isn’t a French company. France might have personal jurisdiction over Durov as a French citizen, but operating a social media platform offering encryption isn’t a criminal act in France. To the extent that Durov’s arrest is related to Telegram’s platform policies rather than Durov’s private activity, France has just taken a hostage. France shouldn’t follow in the footsteps of Turkey and India.