Technology neutrality is not a shield for crimes

2022-07-27

The Supreme People's Procuratorate recently announced that in the first half of this year, the procuratorial organ prosecuted 64000 people for the crime of aiding others, and the crime of aiding others has become the third most prosecuted crime among all kinds of criminal crimes. From the perspective of prosecutors, the number of people involved in crimes continues to increase for those with a bachelor's degree or above, private enterprises, especially high-income technology companies. Criminal acts are mainly manifested in developing software and providing technical support. In recent years, the criminal activities of telecommunication network fraud have occurred frequently. The reason why some criminals succeed repeatedly is inseparable from the "technical assistance" provided by some technology companies. For example, some technology companies neglect to review the qualification of the entrusting party when undertaking business, or even though they realize that the purpose of the entrusting party is impure, they still promote and guide the other party; Other companies know that the other party may be engaged in illegal and criminal activities, but they still build websites, develop apps, and provide maintenance and upgrading services for them. For legal issues that may arise from undertaking such businesses, some enterprises often use "technology neutrality" as a shield. In fact, this is just an excuse for enterprises to comfort themselves. In order to crack down on telecommunication network criminal activities in the whole chain, the criminal law amendment (9) implemented since November 2015 added the crime of helping information network criminal activities, making it clear that the perpetrator, knowing that others use the information network to commit crimes, still provides technical support such as Internet access, server hosting, network storage, communication transmission, or provides advertising promotion, payment and settlement, which constitutes this crime. In 2019, the two Supreme People's congresses jointly issued a judicial interpretation, which further clarified the conviction and sentencing standards of the crime of aiding and trusting and relevant judicial identification issues. The improvement of the law provides a strong basis for combating such support and assistance. Technology neutrality is not a shield for crimes. Science and technology companies should always tighten the string of the rule of law. In the process of negotiating cooperation and undertaking business, they should not only abandon the idea of "what they find in the basket is vegetables", strictly review the qualifications of the entrusting party, strictly restrict the use of software, pay close attention to the flow of funds, and prevent themselves from being used by criminals without knowing it. They should also effectively strengthen enterprise compliance management, so as to effectively prevent themselves from becoming accomplices to telecom network fraud, losing money for small gain. (mashujuan) (Xinhua News Agency)

Edit:Wei Li Bin    Responsible editor:Yi Bing

Source: legaldaily.com.cn

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