Comment by tptacek

I don't think so, no. I think they also need overt acts in furtherance of a conspiracy to use the tools. It's probably not as cut and dry as "you have to actually use the tools to break into someone". It's a bit of a tightrope, though, because if you're a predecessor on the graph of people involved in an actual crime, sharing tools can drag you into a prosecution.

So far as I know (this is sort of my profession), there's no federal "burglars tools" law regarding malware.