[Petronski]

They didn't have to explicitly name rootkits since that is malware and inherrently illegal.

Good grief, please tell me you're kidding.

[Golden Eagle]

No I'm not kidding. Your defense sounds like those defending steroids in baseball - "just because it was against the laws of the U.S., there was no rule in major league baseball preventing them".

Of course not, it was implicitly denied. Just like rootkits are.