Software is fundamentally different because until you run it it has no consequences, and even if you run it, it can be contained. I can write a worm and not release it on world. In that regard, it is more like engineering _plans_. I can draw up plans for a building that is designed to collapse with X number of persons inside -- in fact I can imagine either of the two assignments given as an exercise in University.
No reason to make more laws: it should be immaterial whether I chop down the Christmas tree at the local town square or program a robot to do it.