I guess the main question here is whether T0rn intended to facilitate a malicious act. If the UK doesn't make this differentiation, then they might as well start prosecuting the glass-cutter manufacturers whose products are used in break-ins and laundromats for disseminating wire hangers which have been used to break into cars.

T0rn is either going to present himself as a part of the research community or as a part of the hacker community. The two communities most of the time mirror one another in all but intent (see: white hat vs. black hat hackers); malicious intent is, then, what Scotland Yard will have to prove.

That being said, I don't think they could ever accuse, say, GNU of mailicious intent in the free dissemination of their gcc compiler, even if it was used to compile something like T0rnKit. At least, hopefully not.

-kc

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