ABSTRACT
In common law countries like the United States, legislatures and courts have de¨ned and re¨ned criminal laws over centuries. Over that time span, a signi¨cant body of legal literature facilitated research, advocacy, and judicial decision making concerning crimes. However, in the case of computer crime, and more generally cybercrime, the law has experienced di³culty in keeping pace with advances in technology. As a result, courts o¢en attempt to resolve issues relating to cybercrime by drawing some analogy to traditional crime. For example, in seeking to resolve search and seizure issues, the ¨les on computer hard drives have been likened to ¨les in cabinets or closed containers.2
