Introduction
In recent months, the open-source AI agent OpenClaw (commonly referred to as ‘Claw‘) has rapidly gained importance. Unlike conventional AI tools that primarily engage in conversational interactions, Claw is capable of understanding complex instructions and directly operating a user’s computer to enforce tasks. It also incorporates a platform resembling a mobile application marketplace, through which users may install various ‘skill’ plugins, including tools for data analysis, web scraping, and automated workflows.
Consequently, Claw has quickly emerged as a productivity tool among professionals, giving rise to a growing trend informally described as ‘Raising Crayfish‘. In response, several local governments have introduced policies aimed at regulating while promoting the technology. For example, the Longgang District of Shenzhen recently issued the Several Measures to Support the Development of OpenClaw & OPC (Draft for Public Comment), proposing initiatives such as free deployment services and development subsidies for projects.
China’s Ministry of Industry and Information Technology (MIIT) has issued security warnings highlighting potential risks associated with Claw. Because the system may access files and data stored on a user’s computer, vulnerabilities could enable malicious actors to remotely control devices, potentially resulting in data breaches, system compromise, and other cybersecurity incidents.
This article discusses the potential criminal law risks associated with the deployment, use and dissemination of Claw, and aims to provide guidance to developers, service providers and end users from a criminal law perspective.
I. The Deployment and Supplying Stage
The deployment and supplying stage represents the first gateway through which Claw enters practical application. Criminal risks at this stage may arise not only from inherent technical vulnerabilities within the software but also from intentional manipulation by actors (if any).
Individuals who provide technical assistance in installation and deployment, as well as developers who design and distribute plugins, may face heightened legal risks. Improper conduct in this phase may cross the boundary of criminal liability.
1. Crime of Illegal Control of Computer Information Systems (Article 285(2) of the PRC Criminal Law)
Compared with cyberattacks that exploit software vulnerabilities, deliberately embedded technical traps are often more concealed and potentially more harmful.
For example, individuals who assist others in installing, deploying or maintaining Claw may intentionally insert backdoor programs, reserve hidden technical vulnerabilities, or implant remote-control code. As a result, the deployed system may become a controllable ‘bot’ from the beginning, enabling unauthorized parties to manipulate the victim’s computer system.
Under Article 285(2) of the Criminal Law, this may constitute the crime of illegal control of computer information systems where, among other circumstances:
- 20 or more computer information systems are illegally controlled;
- illegal gains exceed RMB 5,000 (approx. USD 727.97); or
- economic losses exceed RMB 10,000 (approx. USD 1,455.94).
The offense may result in imprisonment of up to seven years and the imposition of a fine. Corporate criminal liability may also arise under the statute.
2. Crime of Providing Programs or Tools for Intruding into or Illegally Controlling Computer Information Systems (Article 285(3) of the Criminal Law)
Plugins constitute the core functional mechanism through which Claw performs a wide range of tasks. Developers, however, may seek illicit profit by creating and distributing ‘skill’ plugins that appear legitimate but secretly contain malicious code.
Such plugins may be used by hackers or other malicious actors to:
- extract passwords, API keys, database credentials, or other sensitive information stored on a user’s computer; or
- download and execute Trojan programs that allow remote control of the user’s computer system.
Under Article 285(3), an offense may be established when illegal gains exceed RMB 5,000 (approx. USD 727.97) or economic losses exceed RMB 10,000 (approx. USD 1,455.94). The statutory penalty may reach up to seven years of imprisonment together with a fine, and corporate liability may apply.
3. Crime of Fraud (Article 266 of the Criminal Law)
The growing popularity of Claw may also create loopholes for fraudulent schemes. Some individuals may exploit users’ desires to quickly master advanced functions or generate profits through the technology.
In practice, offenders may advertise services such as:
- advanced Claw deployment,
- one-on-one optimization, or
- exclusive profit-generating plugins,
while fabricating service content or exaggerating the effectiveness of their offerings in order to obtain payments.
Under Article 266 of the Criminal Law, defrauding property valued between RMB 3,000 (approx. USD 436.78) and RMB 10,000 (approx. USD 1,455.94) or more (subject to local thresholds) may constitute fraud. The offense carries a potential sentence of more than ten years’ imprisonment or life imprisonment, together with fines or the confiscation of property.
In certain circumstances, specialized offenses such as crime of contract fraud may also be established, and corporate criminal liability may arise.
II. The Use Stage
Many users seek to employ Claw to enhance workplace efficiency and productivity. However, the improper use of these tools may give rise to serious criminal liability.
1. Crime of Illegal Acquisition of Computer Information System Data (Article 285(2) of the Criminal Law)
Because Claw operates with relatively high system privileges, it may be capable of accessing or extracting data beyond the user’s authorized scope.
Where users instruct or allow Claw to circumvent access controls and obtain data belonging to computer information systems outside their authorized permissions, this may constitute the crime of illegally obtaining computer information system data.
Under Article 285(2) of the Criminal Law, an offense may be established where the offender acquires:
- ten or more sets of authentication information for online financial services (e.g., payment settlement, securities trading, or futures trading); or
- 500 or more sets of authentication information in other fields (i.e., other than financial services).
The maximum penalty is seven years’ imprisonment and a fine, with possible corporate liability.
2. Crime of Infringement of Citizens’ Personal Information (Article 253-1 of the Criminal Law)
The automation capabilities of Claw substantially reduce the cost and difficulty of collecting and processing large volumes of personal data.
For instance:
- users may employ Claw to scrape personal information, such as names, phone numbers, or addresses, from public or semi-public online platforms; or
- corporate employees may improperly use Claw within internal systems to automatically compile and export customer databases or employee directories containing large quantities of personal information.
This may constitute the crime of infringing citizens’ personal information.
Under relevant laws and judicial interpretations, criminal liability may arise where, among other circumstances:
- more than 50 items of highly sensitive personal information (e.g., location data, communication content, credit information, or property data) are involved;
- more than 500 items of other personal information affecting personal or property security are involved;
- more than 5,000 items of general personal information are involved; or
- illegal gains exceed RMB 5,000 (approx. USD 727.97).
The maximum statutory penalty is seven years’ imprisonment and a fine, and corporate criminal liability may also apply.
3. Crime of Infringement of Trade Secrets (Article 219 of the Criminal Law)
Corporate employees may utilize Claw to automatically access, copy, or transmit confidential corporate information and trade secrets within their authorized access.
However, the technology may also be exploited to obtain trade secrets through technical vulnerabilities or unauthorized access, including technical information (such as design drawings) or business information (such as customer lists).
Under Article 219, criminal liability may arise where the conduct causes losses of RMB 300,000 (approx. USD 43,678.29) or more to the trade secret holder, or results in bankruptcy or other serious consequences.
The maximum statutory penalty is ten years’ imprisonment and a fine, and corporate liability may also apply.
4. Crime of Theft (Article 264 of the Criminal Law)
In some circumstances, malicious instructions may be embedded into Claw or system vulnerabilities exploited in order to transfer another person’s digital assets, including account balances or cryptocurrencies, into accounts controlled by the offender.
Under Article 264, theft involving property valued between RMB 1,000 (approx. USD 145.59) and RMB 3,000 (approx. USD 436.78) or more (subject to local thresholds) may constitute the crime of theft.
The offense may be punishable by more than ten years’ imprisonment or life imprisonment, together with fines or the confiscation of property.
Where an employee exploits their occupational position to appropriate corporate assets, this may constitute the crime of embezzlement.
III. The Dissemination and Assistance Stage
The dissemination and assistance stage functions as an intermediary link connecting developers, users, and criminal activities involving Claw.
Even where an individual does not directly commit the underlying offense, criminal liability may arise if the person knowingly, or under circumstances where they should have known, provides technical support or services facilitating the unlawful activities of others.
1. Crime of Assisting Information Network Criminal Activities (Article 287-2 of the Criminal Law)
Where a person knows or should have known that others are purchasing Claw or malicious plugins for the purpose of committing cybercrimes such as data theft or illegal control of computer systems, but nevertheless provides technical support including:
- internet access services,
- server hosting,
- network storage, or
- communication transmission,
This may constitute the crime of assisting information network criminal activities.
According to judicial interpretations, the offense may be established where:
- assistance is provided to three or more individuals,
- payment settlement exceeds RMB 200,000 (approx. USD 29,118.86), or
- illegal gains exceed RMB 10,000 (approx. USD 1,455.94).
The statutory maximum penalty is three years’ imprisonment or criminal detention together with a fine, and corporate liability may also apply.
2. Crime of Accomplice Liability for Specific Offenses
Where a person knows or should have known that another individual is using Claw to commit crimes such as the infringement of personal information or the illegal acquisition of computer system data, but nevertheless provides technical consultation, debugging assistance, or personalized operational guidance, the person may be deemed to have provided substantial assistance to criminal activity.
In such cases, particularly where one-to-one technical support enables the successful commission of the offense, the assisting party may be regarded as an accomplice and punished in accordance with the same offense as the principal perpetrator.
Conclusion
The rapid rise of Claw reflects the growing accessibility and practical value of artificial intelligence technologies. With its capacity for efficient execution and flexible functional expansion, Claw has become an increasingly significant tool for improving productivity and empowering organizations.
Nevertheless, technological neutrality does not imply the absence of legal responsibility. The security warnings issued by MIIT, highlighting risks such as uncontrolled system permissions, exposure of services to the public internet, and disorder within plugin ecosystems, underscore the legal and regulatory challenges associated with the technology.
For users and developers alike, the fundamental premise of ‘Raising Crayfish’ lies in a clear understanding of the criminal law surrounding its deployment, use, and dissemination, and in integrating compliance awareness throughout the entire lifecycle of the technology.
