I completely disagree because I think your analogy is flawed. The action of placing keystroke snoop software on a system absolutely does not even approach "arrested for buying a gun and ammo."
If one were to create an analogy (albeit a poor one), it would be more like; "he broke into the gun store and stole guns and ammo with which he may or may not have committed murder". A world of difference.
It is the act of breaking into or obtaining someone's private data without their consent or knowledge - *THAT* really is the "crime".
Theft is theft, whether it is a lowly pickpocket or lowly data pickpocket.
If one were to create an analogy (albeit a poor one), it would be more like; "he broke into the gun store and stole guns and ammo with which he may or may not have committed murder". A world of difference.
It is the act of breaking into or obtaining someone's private data without their consent or knowledge - *THAT* really is the "crime".
Theft is theft, whether it is a lowly pickpocket or lowly data pickpocket.