The story lost me after the first sentance:
And the purveyors of truly malicious code like keyloggers will be untouched
WTF? Since when can a keylogger be described as truly malicious code? Does that make the GetAsyncKeyState API call in Windows pure evil too?
A keylogger is just that. A program which calls an API and records keystrokes. There is NOTHING malicious about the concept, unless it is (mis)used for illegitimate purposes. Going after the coders would be insane.
Also is the story suggesting going after "trojan writers"? WTF. Any legitimate remote administration tool becomes a so-called trojan horse when people mislead 'victims', making them execute it under the premise that the application will be helpful to them. Going after "trojan writers" would mean going after people who write remote administration tools. I wonder what the writer of the story was smoking that day.