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- 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.
-
-