No. Under the federal rules, the government only has to identify the ill (cancer/kiddy porn) and a way to fight it (chemo/infecting computers). They do not have to identify individuals.

Well to make your analogy work, it would be like the government dosing the water supply with chemotherapy, and not targeting it at individual cancer patients.

Saying it’s not malware would be like saying the weapon used by the marine in your analogy to shoot someone isn’t a gun because the marine works for us.