What about legitimate programs that are created to help legitimate penetration testers? And are forbidden from being used by people with malicious intent.
I would imagine that it is there in order to protect themselves if someone uses their tool for malicious purposes as they can point to that statement and say they were not complicit.
It makes a bit of sense. Some scammers target the extremely naive, who don’t even know there are scams. Those scammers might skip such victims to save time. These days, when scamming is so automated I doubt it makes a difference.