미국의 디지털 범죄와 헌법상 영장주의

Throughout 20th and 21st century, internet is the greatest invention of mankind. Internet web environment is advancing from the stage of collecting, presenting, and transferring the Digital Information, web 1.0, to the current generation of web 2.0, allowing users to easily produce and share the information. The environment of Digital technology through internet will gradually and rapidly develop meanwhile creating future web 3.0 generation where internet functions with the self-intelligence. Although, digital development have functions in various field, reverse function of digital development is growing inevitably, and new crime method and technic with computer are easily abused through convenient access of internet allowed criminals. This dissertation considers particularly on potential conflicts from procedure in collecting digital evidence from search and seizure of computer and other store device such as constitutional violation of warrant and indicate legislation plan to protect granted consitutional rights of individual. Currently, there has not been any argument or case indicate the violation of privacy relating to the investigation of digital crime by law enforcement in korea. To solve this conflict, U.S. derived traditional crime cases and precedent to apply on digital crime. Thus, this dissertation scrutinies the direction of legislation in Korea on this particular matter.