The status quo is that the TOS of most online games just have a blanket ban on anything that modifies the game experience, but in practice enforce this very selectively. Basically the players develop software and then the game publisher decides whether the software is acceptable. An aimbot probably isn't, something that logs the ingame chat probably is, in between there is a huge gray area to explore.
But if the worst punishment for a misstep isn't an account ban but five years in jail, people might think twice about developing anything for that games community. On that front, everybody loses.