Canadian Criminal Law/Offences/Unauthorized Use of Computer
Legislation[edit | edit source]
Unauthorized use of computer
342.1 (1) Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or is guilty of an offence punishable on summary conviction 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 device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system;
- (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 under section 430 in relation to computer data or a
- (d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c).
(2) In this section,
computer data means representations, including signs, signals or symbols, that are in a form suitable for processing in a computer system; (données informatiques)
computer password means any computer data by which a computer service or computer system is capable of being obtained or used; (mot de passe)
computer program means computer data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function; (programme d’ordinateur)
computer service includes data processing and the storage or retrieval of computer data; (service d’ordinateur)
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 computer data, and
- (b) by means of computer programs,
- (i) performs logic and control, and
- (ii) may perform any other function; (ordinateur)
data[Repealed, 2014, c. 31, s. 16]
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; (dispositif électromagnétique, acoustique, mécanique ou autre)
function includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer system; (fonction)
intercept includes listen to or record a function of a computer system, or acquire the substance, meaning or purport thereof; (intercepter)
traffic means, in respect of a computer password, to sell, export from or import into Canada, distribute or deal with in any other way. (trafic)
R.S., 1985, c. 27 (1st Supp.), s. 45; 1997, c. 18, s. 18; 2014, c. 31, s. 16.
Proof of Offence[edit | edit source]
s. 342.1(1)(a)[edit | edit source]
- to obtain, directly or indirectly, any computer service
- in a manner that is fraudulent and without colour of right.
s. 342.1(1)(c)[edit | edit source]
- to use, or cause to be used, directly or indirectly, a computer system;
- in a manner that is fraudulent and without colour of right;
- with the intent to commit the offence created by s. 342.1(1)(a) or s. 342.1(1)(b) or s. 430.
Interpretation[edit | edit source]
The Crown must prove that the accused acted "without colour of right" and must be acting dishonestly and in bad faith.
- R. v. Alexander, 2006 CanLII 26480 (ON SC)
- R v Parent, 2010 QCCQ 82 -- accused used CPIC account to get licence plate info which ended up in hands of criminals.
Digests[edit | edit source]
- R. v. Alexander, 2006 CanLII 26480 (ON SC) - accused stole credit cards from the mail and used for making unauthorized queries to the card owner's accounts.