Just as there is a difference between making guns in general, and making a specific gun for a friend who has indicated that he will use it for a specific crime, there is a difference between making programs which can be used in crimes in general and making specific programs to aid and abet specific future crimes.

Your point about computer crimes becoming more prevalent is certainly justification to alter legislation dealing with computer crimes so that minor infractions have minor penalties, but I never saw rayiner arguing to the contrary.