Whole content snipped to appease the Snippyobsessed.

Seriously speaking though, the concept of criminality before an overt act is an affront to sanity. Conspiring as a group could not be applied to an individual absent a chain of  witting communication between suspects. And suspect is the proper term pending a conviction.
Oh, one can mock up straw dogs such as extant statues on burglar's tools or  "presumptive intent" EX: prohibited acts "doorknob shaking" or "handle pulling". All of which center on the concept of an ACTION of no innocent possibility, or tooling AND other factors to show probable cause. Which must be held up through a standard set of due processes to establish guilt beyond reasonable doubt. SO one would sadly concede that since due process has been cremated upon the altar of  Paleoconservative "Anti-Terrorism" rhetoric all our rights that
*HAD* been protected by the late lamented "due process" are now  nonexistant.
Point being that in the de facto incineration our bill of rights has suffered there's no longer even a need for pretense of law. SO all that needs to happen is someone "in power" arbitrarily declaring _you_  a "Padilla" and it's GAME OVER.

The part that makes all I have said on topic is that since "Open Source" software by design and inherent nature renders  hidden code up for disclosure if only we remain vigilant. Which raises one closing zinger that will title my next thread.

" IS using closed source software contributory negligence to malfeasance's caused by exploits?"