Criminal Investigations Against X as an Organized Group in France

The microblogging platform X and several of its officials are currently under criminal investigation in France. On July 9, the Paris prosecutor's office instructed the Gendarmerie Nationale to investigate two potential offenses involving both legal entities and individuals:

• Manipulation of a data processing system's functionality by an organized group
• Fraudulent extraction of data from such a system by an organized group

The focus of the investigation is on the algorithm utilized by X, which determines the visibility of selected posts to a broad audience while relegating others to obscurity. The inquiry was prompted earlier this year by two complaints alleging that X had interfered in France's internal political affairs through manipulation of its own algorithm. According to the prosecutor's office, investigations, findings from French researchers, and contributions from various public institutions have provided sufficient evidence to warrant a formal investigation by the Gendarmerie.

The Gendarmerie is seeking access to the algorithm and real-time data to allow experts to thoroughly examine the allegations. However, X has not cooperated with these requests. In a post on its platform, the company denied the allegations but simultaneously claimed to be unaware of the specific accusations against it.

X's response was marked by frustration, as it criticized the investigators for alleged violations of criminal procedure and data protection laws, as well as restrictions on free speech. The platform pointed out that two named experts have shown bias against it, which X interprets as evidence of political motivation behind the investigation.

Particularly contentious is the classification of X as an organized group, a term typically reserved for drug cartels and mafia organizations. This designation allows French authorities to employ enhanced investigative powers, including wiretapping of devices. X has expressed its displeasure regarding this classification, emphasizing the presumption of innocence. It is worth noting that X is a subsidiary of the AI company xAI.