Date: Wed, 31 Jul 91 10:01:15 -0400
From: Jim W Lai <
[email protected]>
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.
