I think the issue here is the presence of tools vs. the presence of intent. A rock can be used to kill your neighbor or build a house. Regulation will never work because the issue is human nature. Especially in America we have this notion that bad things occur elsewhere and such things like DoS attacks surprise us. The tools are the tools.

The "gun" analogy is apt. Regulation has largely failed to prevent crimes but in many cases has emboldened criminals who are now fairly certain that their victims are not reasonably armed. Intent is the key, intent cannot be regulated, only weighed. Software, code bugs, dev tools SDK's all fall within the same jurisdiction of intended use. At least in my way of thinking