> knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;
No, freedom of speech (as far as I know) protects even exploit code. The statutes being linked would cover using the backdoor to gain unauthorized entry to a system. I think the question of whether anything illegal has occurred from the public facts is unclear, at least to me, and interesting.
