Pavel Durov of Telegram and the accusations
The conflict between DSA, principles and state criminal law
It is true that the DSA leaves individual states the possibility of establishing autonomous principles in the field of criminal law and procedure, as As the European Commission stated yesterday, the EU clarified that the DSA does not apply to the Telegram case, but criminal law does..
But such criminal principles cannot conflict with the Euro-unitary rules, especially since the position of the participant in an improper omission crime as guarantor, in order to be hypothesized, must necessarily refer to a non-criminal law, which in this case can only be the DSA.
It is premature to make any assessments regarding the lack of collaboration with the police forces but we will have to see what collaboration was requested from the platform, for example if the interception of encrypted chats was requested, if a backdoor to communications was requested by law enforcement, and so on, because the discussion, involving communications protected by constitutional rights (which apply in France as in Italy), risks overwhelming the right to the secrecy of communications.
The most worrying point
The most worrying part of the French judiciary's statement, however, is the one concerning the use of the encryption, presumably of the end-to-end type, and relating to secret chats, because the brief press release seems to censor precisely that use, accusing it of possible non-compliance.
If this were the case, we should think that all cryptographic systems, including the same mechanism underlying transactions on Bitcoin and Ethereum among others, must be subjected to a compliance check and it is assumed to be controlled by the Authorities, which is not only paradoxical but also dangerous, considering that encryption is also used especially in authoritarian contexts to protect the communications of dissidents, or to inform the world of certain events that are subject to the strict control of the Authorities.
Furthermore, interpersonal messaging (which does not take place in the form of public groups) in this case is also excluded from the scope of application of the DSA, as the platform's position of guarantee cannot be based on a European standard and the provisions that require the intermediary to respond to removal requests are therefore not in force.
Pavel Durov of Telegram and the accusations
Telegram's Accusations Against Durov Are Rocking the Internet: Here's Why
English 
Italian 