EIP-7702: Set EOA account code

That’s the correct behavior. SETCODE does not create a new account. This is disambiguated by EIP-6780:

A contract is considered created at the beginning of a create transaction or when a CREATE series operation begins execution (CREATE, CREATE2, and other operations that deploy contracts in the future). If a balance exists at the contract’s new address it is still considered to be a contract creation.
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You’re right, this is just very confusing. Likely a result of spec thrashing. This should only apply to code executing instructions. I will update the EIP so it is clear.

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Thanks for pointing this out ^^
Since this EIP is older than the set EOA one, and it also says:

and other operations that deploy contracts in the future

IMHO, it is ambiguous

AuthorizationList SETCODE is not a CREATE series operation because it is not an opcode at all.