Mens rea vs actus reus.

In some crimes actus reus is what matters. For example if you're handling stolen goods (in the US) the law can repossess these goods and any gains from them, even if you had no idea they were stolen.

Tech companies try to absolve themselves of mens rea by making sure no one says anything via email or other documented process that could otherwise be used in discovery. "If you don't admit your product could be used for wrong doing, then it can't!"