Only because of the broader context of the legal environment. If there was no prosecution for breaking and entering, they would be effectively worthless. For the analogy to hold, we need laws to throw coercive measures against those trying to bypass guard rails. Theoretically, this already exists in the Computer Fraud and Abuse Act in the US, but that interpretation doesn't exist quite yet.
Only because of the broader context of the legal environment. If there was no prosecution for breaking and entering, they would be effectively worthless. For the analogy to hold, we need laws to throw coercive measures against those trying to bypass guard rails. Theoretically, this already exists in the Computer Fraud and Abuse Act in the US, but that interpretation doesn't exist quite yet.