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TUCoPS :: Cyber Law :: canadacl.txt

Additional Canadian Computer Crime Law




Date: Wed, 31 Jul 91 10:01:15 -0400
From: Jim W Lai <jwtlai@watpix.waterloo.edu>
Subject: canadian law as it related to computers

The data below has the current Canadian Criminal Code section numbers.
Not being a law student, I make no comment on the nature of the code.
I hope this will be a useful addendum to the /pub/cud/law/canada file.

342.1
    (1) Every one who, fraudulently and without color of right,
        (a) obtains, directly or indirectly, any computer service,
        (b) by means of an electro-magnetic, acoustic, mechanical or other
            device, intercepts or causes to be intercepted, directly or
            indirectly, any function of a computer system, or,
        (c) uses or causes to be used, directly or indirectly, a computer
            system with intent to commit an offense under paragraph (a) or (b)
            or an offense under section 430 in relation to data or a computer
            system
        is guilty of an indictable offence and liable to imprisonment for a
        term not exceeding ten years, or is guilty of an offence punishable on
        summary conviction.
    (2) In this section,
        "computer program" means data representing instructions or statements
            that, when executed in a computer system, causes the computer to
            perform a function;
        "computer service" includes data processing and the storage or
            retrieval of data;
        "computer system" means a device that, or a group of interconnected or
            related devices one or more of which,
                (a) contains computer programs or other data, and
                (b) pursuant to computer programs,
                    (i) performs logic and control, and
                    (ii) may perform any other function;
        "data" means representation of information or of concepts that are
            being prepared or have been prepared in a form suitable for use in
            a computer system;
        "electro-magnetic, acoustic, mechanical or other device" means any
            device or apparatus that is used or is capable of being used to
            intercept any function of a computer system, but does not include a
            hearing aid used to correct subnormal hearing of the user to not
            better than normal hearing;
        "function" includes logic, control, arithmetic, deletion, storage and
            retrieval and communication of telecommunication to, from or within
            a computer system;
        "intercept" includes listen to or record a function of a computer
            system, or acquire the substance, meaning or purport thereof.

430.
    [...]
    (1.1) Every one commits mischief who wilfully
        (a) destroys or alters data;
        (b) renders data meaningless, useless or ineffective;
        (c) obstructs, interrupts or interferes with the lawful use of data; or
        (d) obstructs, interrupts or interferes with any person in the lawful
            use of data or denies access to data to any person who is entitled
            to access thereto.
    [...]
    (8) In this section, "data" has the same meaning as in section 342.1.



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