“Malware” does not imply “malice” - adware is a type of malware, because it interferes with the normal operation of a computer. There’s nothing malicious about it - advertisements aren’t designed to harm me, but to get me to buy something. They’re arguably trying to enhance my life! But that doesn’t make them…

Your analogy is off, it’d be more like the US Marines kill an enemy and try to tell you “Oh this? This isn’t a gun. It’s only a gun if a bad guy uses it”.

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.

If a US Marines kill an “enemy” according to rule of engagement, then it is not a murder. Otherwise, the Marines will be charged for murder. FBI can get a warrant for each computer that visited the site before infect that computer.

The Marines don’t decide who is and who isn’t an enemy ad hoc. Else there would never be non-combatant deaths in a war zone. The FBI wants to run unabated on the Internet which a free society should always oppose. Law enforcement is not your friend.

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.