Canadian Criminal Law/Offences/Unauthorized Use of Computer

Legislation

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).

Definitions

(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data[Repealed, 2014, c. 31, s. 16]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.

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Proof of Offence

s. 342.1(1)(a)

Elements:

1. to obtain, directly or indirectly, any computer service
2. in a manner that is fraudulent and without colour of right.

s. 342.1(1)(c)

1. to use, or cause to be used, directly or indirectly, a computer system;
2. in a manner that is fraudulent and without colour of right;
3. with the intent to commit the offence created by s. 342.1(1)(a) or s. 342.1(1)(b) or s. 430.

Interpretation

The Crown must prove that the accused acted "without colour of right" and must be acting dishonestly and in bad faith.

Digests

• 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.