CANADIAN CRIMINAL CODE:
UNAUTHORIZED USE OF COMPUTER & MISCHIEF



The following are the Canadian Criminal Code Sections which deal with mischief in relation to data and unauthorized use of computers.


UNAUTHORIZED USE OF COMPUTER

Section 342.1

(1) Every one who, fraudulently and without colour of right,

(a) obtains, directly or indirectly, any computer service,

(b) by means of an electro-magnetic, acoustic, mechanical or other devices, 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 offence under paragraph (a) or (b) or an offence 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 system to perform a function;

"computer service" included 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 or 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 to purport thereof.


WILLFULLY CAUSING EVENT TO OCCUR - Colour of right - Interest

Section 429

(1) Every one who causes the occurrence of an event by doing an act or by omitting to do an act that is his duty to do, knowing that the act or omission will probably cause the occurrence of the event and being reckless whether the event occurs or not, shall be deemed, for the purpose of this Part, willfully to have caused the occurrence of the event.

(2) No person shall be convicted of an offence under sections 430 to 446 where he proves that he acted with legal justification or excuse and with colour of right.


MISCHIEF / Mischief in relation to data

Section 430

(1.1) Every one who commits mischief who willfully

(a) destroy 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 an person who is entitled to access thereto.

(5) Everyone who commits mischief in relation to data

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) is guilty of an offence punishable on summary conviction.


Computer Security Administration - University of Toronto
February 14, 1996