There absolutely does not need to be any further intent to do something nefarious with the information intercepted for it to be malicious. Just the act of undermining privacy of the communication is in itself already malicious. If you disagree with this, you just have a fundamental difference of values incompatible with the school of infosec to which I and the other folks here belong, and that's more in line with the cop school of infosec... >_<
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