>> The user is responsible for not using tools in illegal ways. Not the tool. <<
And there is a fairly compelling argument to be made that incorporating such a mechanism into the kernel indicates a willingness of the kernel maintainers to accept responsibility for such use, and possibly misuse.
I can see some lawyer making the argument that since the mechanism exists that his client isn't responsible for any misuse - such responsibility lies with the developer. And woe to the developer who finds himself in hot water with the regulatory agencies of some locality because some user misused code he wrote.
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