"""
Member States shall take the necessary measure to ensure that the production, sale, procurement for use, import, possession, distribution or otherwise making available of the following is punishable as a criminal offence when committed intentionally and without right for the purpose of committing any of the offences referred to in Articles 3 to 6:
(a) device, including a computer program, designed or adapted primarily for the purpose of committing any of the offences referred to in Articles 3 to 6;
(b) a computer password, access code, or similar data by which the whole or any part of an information system is capable of being accessed.
"""
Which seems to be saying that, say, nmap isn't illegal, unless you download it with the intent to run it against a machine you're not supposed to, in which case you've broken the law (even if you never actually use it). Kind of like laws against 'burglary tools' in some parts of the US, the crime seems to be based on context/intent.
(Obvious disclaimer about how I'm not a lawyer, European, or a unicorn.)
The relevant portion is Article 7
""" Member States shall take the necessary measure to ensure that the production, sale, procurement for use, import, possession, distribution or otherwise making available of the following is punishable as a criminal offence when committed intentionally and without right for the purpose of committing any of the offences referred to in Articles 3 to 6:
(a) device, including a computer program, designed or adapted primarily for the purpose of committing any of the offences referred to in Articles 3 to 6;
(b) a computer password, access code, or similar data by which the whole or any part of an information system is capable of being accessed. """
Which seems to be saying that, say, nmap isn't illegal, unless you download it with the intent to run it against a machine you're not supposed to, in which case you've broken the law (even if you never actually use it). Kind of like laws against 'burglary tools' in some parts of the US, the crime seems to be based on context/intent.
(Obvious disclaimer about how I'm not a lawyer, European, or a unicorn.)