“The following new elements [should include] penalisation of the production and making available of tools eg, malicious software designed to create ‘botnets’ or unrightfully obtained computer passwords for committing the offences [of attacks against computer systems],” the Council of Ministers said in a statement pages 18-19 of 38-page/176KB PDF.

The real problem with this, is that it also makes penetration testing tools illegal. Which means we won’t be able to know if code others write in closed source is secure at all.

via European Council: Creating hacking tools should be criminal across EU • The Register.