Poignant, but technically meaningless, since malware is code made with the specific intent and purpose of doing harm in some way (financially, mentally, socially, physically, whathaveyou).

I do agree on the duality or ambiguity of things in our society though: they are defined by who owns them, how they are used and to what ends. To continue with your phrasing:

the difference between a murderer and a policeman is the badge

Here, it is the use of lethal force that is juxtaposed and defined by whether you represent a nation/state or whether you're a "civilian", for lack of a better word.

Nice showerthoughts! :)