How can we take decisive action against online chaos and ensure that cyberspace is not a lawless domain? How can we precisely punish new types of cybercrime, transform specialized case-handling into a broader model of collaborative social governance, and work together to foster a clean and healthy online environment? On May 28, the Shanghai High People¡¯s Court (SHPC) held a press conference to report on the adjudication of new types of cybercrime cases in Shanghai courts and to release typical cases. The press conference was attended by Wang Yuzhan, Vice President of the SHPC, and Hu Yabin, Deputy Chief Judge of the Criminal Division. It was moderated by Zhang Haijuan, Director of the Legal Publicity Division (News Center) and Spokesperson of the SHPC.

New Types of Cybercrime Become Key Governance Priority

In recent years, with the rapid advancement of internet technology and the rise of the ¡°traffic economy,¡± cybercrime has become a major social concern. The Party Central Committee has placed great emphasis on cybersecurity and the governance of the online ecosystem. General Secretary Xi Jinping has stressed that online chaos poisons public values and harms the interests of the people, and that resolute action must be taken to combat it.

The press conference reported that between 2021 and 2025, Shanghai courts concluded over 32,000 cybercrime cases, sentencing more than 50,000 defendants. The number of cases closed and defendants sentenced in 2024 dropped by 15.42% and 2.63%, respectively, compared to the previous year. In 2025, these figures further declined by 16.76% and 26.39%, marking a clear downward trend and reflecting the judiciary¡¯s phased achievements in combating cybercrime.

Among the concluded cybercrime cases, traditional crimes committed using information networks accounted for 91.7% of the total. The top three offenses¡ªcommitting fraud via information networks, assisting information network criminal activities linked to upstream and downstream related offenses, and concealing or disguising criminal gains and proceeds derived therefrom¡ªaccounted for 65% of all cybercrime cases.

Meanwhile, new types of cybercrime driven by data factors and information technology¡ªsuch as infringement of citizens¡¯ personal information rights, illegal use of information networks, and activities endangering computer information system security¡ªaccounted for 8.3% of the total. Although the overall number remains relatively small, these cases are rising noticeably. They are highly covert and adaptable, posing major governance challenges.

In response to this situation, Shanghai courts have focused on improving quality and efficiency in case handling while extending judicial services. More than 30 cybercrime rulings from Shanghai courts have been included in national typical cases and the People¡¯s Courts Case Database. Building on the national unified court information network (the ¡°One-Net¡± Platform), Shanghai courts have established over ten ¡°data-assisted governance¡± application scenarios for crimes such as cross-border telecom fraud and cross-border online gambling, leveraging digital tools to enhance trial work. The courts have also issued more than ten white papers on cybercrime adjudication and over twenty judicial recommendations, providing legal guidance for industry governance, policymaking, and oversight.

The Challenges of Legal Application Brought by Technological and Digital Advancements

¡°New types of cybercrime present fresh characteristics, including technology-driven criminal methods, digitized targets, crime scenarios embedded in daily life, and industrialized crime models,¡± said Hu Yabin, who unveiled eight typical cases of law-based crackdown on new types of cybercrime at the press conference. These cases involve cutting-edge fields such as AI technologies (e.g., AI misuse) and identity authentication data, giving rise to considerable complexity in legal application.

For example, given the frequent occurrence of ¡°online water armies¡± manipulating fake traffic and engagement metrics, and rigging online comments, how should the legal nature of relevant parameters be determined? In the case concerning Li X and others over illegal acquisition of computer information system data, the court ruled that tokens, cookies and user data stored on local terminals constituted computer information system data with identity authentication functions. It clarified that illegal acquisition of such data amounts to the crime of illegally obtaining computer information system data, thereby establishing a unified judicial standard for adjudicating such emerging data crimes.

Another example concerns the widespread application of new technologies such as artificial intelligence: how should the line between technological innovation and illegal conduct be drawn? In the illegal business operations case involving Xu X and other defendants, the court ruled that organizing and leveraging AI for paid article spinning constituted unlicensed illegal business activity, for which the defendants were convicted of the crime of illegal business operations. The ruling not only helps clean up the environment for AI technology application but also sets clear judicial expectations for the sound development of the industry.

¡°These typical cases demonstrate that, in responding to challenges posed by new technologies, new business formats, and new operational patterns, Shanghai courts have consistently upheld the principles of legality and proportionality between crime and punishment and fully and faithfully implemented the criminal policy of combining leniency with severity. Centering on the substantive social harm of crimes, the courts have rigorously applied evidence-based adjudication rules, striving to follow the judicial guideline of law-based case handling, precise crackdown and reasonable balance between leniency and severity,¡± said Wang Yuzhan.

It is worth noting that, in addition to emerging industries, with the deep integration of the digital economy into real life, new types of cybercrime have shown a tendency to infiltrate livelihood-related sectors. In the illegal acquisition of computer information system data case involving Peng X and Guo X Ye, the defendants adopted the modus operandi of ¡°back-end intrusion + automated batch parsing¡±, resulting in massive personal information printed on courier slips being stolen and channeled into the black market within a short timeframe. The court convicted the defendants of the crime of illegally obtaining computer information system data, effectively safeguarding consumers¡¯ privacy and peace of mind in their digital lives.

Establishing a Framework for the Collaborative Governance of Cybercrime

New types of cybercrime have gradually evolved from isolated acts of ¡°technological deviance¡± into structured, industrialized operations, forming an illicit ecosystem with a clear upstream-downstream division of labor and closed-loop functioning. Offenders who provide technical support, advertising promotion, payment settlement and other facilitating services for upstream crimes such as fraud and online gambling are particularly difficult to penalize due to the highly covert nature of their criminal activities.

The press conference reported that Shanghai courts have adhered to a full-chain approach to law enforcement and realized coordinated criminal and civil accountability, advancing the crackdown on cybercrime and source governance in tandem. In a typical case involving infringement of citizens¡¯ personal information rights, defendants Wang X and Miao X Jie contacted upstream perpetrators via third-party software to trade citizens¡¯ personal information including digital RMB wallet data. The court convicted the two defendants of the crime of infringing upon citizens¡¯ personal information. Meanwhile, in the incidental civil public interest litigation, the court ordered the defendants to make a public apology to society, delete the involved information and data, and compensate for economic losses, realizing the organic integration of criminal sanctions and civil remedies.

This case epitomizes Shanghai courts¡¯ commitment to equal emphasis on criminal punishment and social governance. Faced with new challenges brought by the accelerated shift of traditional crimes to cyberspace and the integration of emerging technologies, Shanghai courts have strengthened multi-party coordination in recent years and improved the working framework for collaborative cybercrime governance. Up to now, the courts have strengthened communication and coordination with functional departments including public security organs, procuratorial authorities, cyberspace administration and financial regulators, and established sound cross-departmental judicial collaboration mechanisms.

Cyberspace governance requires joint participation of all sectors of society. The press conference offered guidance for both enterprises and individuals. Enterprises shall earnestly perform their primary responsibilities for cybersecurity and data security and uphold integrity-based business operations. Individual citizens shall enhance awareness of personal information protection and improve risk prevention capabilities for property safety.

¡°Shanghai courts will further leverage judicial functions, proactively adapt to new trends in cybercrime development and new demands for digital governance, continuously improve adjudication standards, deepen cross-departmental collaborative governance, and steadily advance the rule of law development in cyberspace. We will fully safeguard a secure, clean and orderly online environment, and provide solid and robust judicial guarantees for the high-quality development of digital economy in Shanghai,¡± said Wang Yuzhan.