I am not kidding, but rather parroting Orin Kerr, an expert on this subject, who does not think this case is a slam dunk.

(Not because the evidence for Hutchins' involvement is thin, but because the law here is hazy.)

Link to the Orin Kerr article: https://www.washingtonpost.com/news/volokh-conspiracy/wp/201...

Orin Kerr's analysis is excellent and made me consider the accused party's intent and the difference between selling code versus using code.

He makes great points, but I intuitively feel like certain acts of creating and selling malware should be illegal, even if only by the spirit and not the letter of the law.

If someone manufactures guns, doesn't register them, and knowingly sells them to street gangs, it kind of seems like they're aiding and abetting illegal activities for profit.

Of course there are instances of selling malware you created to parties who generally won't use it illegally, but that's not what's alleged here.

Whether Hutchins truly violated the law, I don't know, but if the allegations are true then he did something very unethical and something I feel should be illegal.

Some malware uses libcurl. Does that make its creator a criminal?

Obviously not.

You're comparing apples and orangutans.

Thanks for the cite. Interesting.