> knowingly and inentionaly endeavored to intercept and procure certain electronic communications, namely computer keystrokes of others without the knowledge or consent of said others.
I think that would be a tough sell, and open too many undesirable side effects to pass legal muster. It would provide any bad actor legal cover via open sourcing.
With the validity of click-wrap license agreements, the water is muddied further: If users are responsible for complying with their terms, a case could be made that users are, for legal purposes, NOT responsible for being compliant or cognizant of anything not in those terms or other explicitly stated capabilities. For an open source package, that may only be a package digest or readme.md file. (and of course the distribution license e.g. GPL etc.)
> knowingly and inentionaly endeavored to intercept and procure certain electronic communications, namely computer keystrokes of others without the knowledge or consent of said others.