Mention evaluating legal issues related to the Fifth Amendment and one thinks of self-incriminating verbal, written or printed statements. Conjure up a mental image of a key, and one thinks of a metallic item used to open a lock. So how can a key generate Fifth Amendment implications? It can in the world of computers for a way, without the easiest of analogies to the non-digital world, for finding a simple legal resolution.
Seeking Real-World Solutions
When law enforcement deals with what may appear to be a novel cybercrime issue, it can often readily rely on comparable legal scenarios having nothing to do with digital evidence. How to criminalize the unlawful use of another’s computer in New York? Create a statute for the computer equivalent of criminal trespass.1 How to criminalize the unauthorized altering of computer data in New York? Create another statute for the computer equivalent of criminal mischief.2 How to interpret the sifting through billions or trillions of bits of data to seek out evidence of criminal conduct stored on a computer? Compare it to searching the contents of a file cabinet.3
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