There's a whole legal/philosophical argument that software is a form of speech, and we don't punish harms done with speech, so we can't punish harms done with software. But that's not true at all either! There are very strict limits for speech, even in the USA where the limits are as loose as they can get! Fox News had to pay $787.5 million dollars! Fraud is still a crime even if you do the crime entirely with words!