For a criminal action to take place, there has to be a violation of existing law. What law do you see being broken here, by the creators of the software, or users? Assuming they are diligent about keeping illegal content and activities off of servers they control.

Has anyone ever been prosecuted for making software, or using it, that was used by another in the commission of a crime? Perhaps there is existing law related to people who write and release software that was intended only for malicious use that could extended.

In the crypto/ICO space, the people getting into hot water have charges related to violation of finance and securities law.