Lawyer outlines when building encrypted chat apps could amount to aiding cybercrime
WuBlockchain reposted an article by lawyer Shao Shiwei examining when developers of encrypted messaging software could face criminal liability for aiding information-network crimes under Chinese law. The piece argues that writing and delivering chat software, even with end-to-end encryption, disappearing messages, or two-way message recall, does not by itself establish the offense. The legal hinge is whether the developer knew others were using the network to commit crimes, still provided technical support, and did so under serious circumstances. The article contrasts two cases. In a Changchun case included in the China Courts 2024 annual cases, developers who helped build, maintain, and later sell chat software, while allowing fake customer-service identities to be attached to accounts, were convicted. In a separate case handled by Shao’s team in Shanghai, a technology company that delivered a website framework under a formal contract, did not keep operating access, and did not continue maintenance was not approved for arrest, and the case was later dropped. The article says investigators typically infer “knowing” from objective facts rather than admissions. They look at customer identity, payment methods including USDT settlement, backend access, compliance documents, feature design, maintenance work after delivery, user-report handling, and whether the software was adjusted to evade takedowns or regulatory scrutiny.

