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From: dave@utcsrgv.UUCP (Dave Sherman)
Newsgroups: net.legal
Subject: proposed Criminal Code amendements re computer crime
Message-ID: <2415@utcsrgv.UUCP>
Date: Tue, 4-Oct-83 16:47:17 EDT
Article-I.D.: utcsrgv.2415
Posted: Tue Oct  4 16:47:17 1983
Date-Received: Wed, 5-Oct-83 09:28:38 EDT
Organization: The Law Society of Upper Canada, Toronto
Lines: 74

The following is the text of the draft amendments to the Criminal Code
(Canada) relating to computer crime. My comments appear in a separate
article. Words in [square brackets] are added by me.

301.2 (1) Every one who, fraudlently and without colour of right,
     (a) obtains, directly or indirectly, any computer
	service,
     (b) by means of an electromagnetic, 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 offence under section 387 in relation to data
	or a computer system [mischief - see below -DS],
is guilty of an indictable offence and is liable to imprisonment for
ten years, or is guilty of an offence punishable on summary conviction
[prosecutor's choice; summary conviction is max. $500 fine, six months
in jail. -DS].

(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" 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 representations of information or of concepts
	that are being prepared or have been prepared in a form suitable
	for use in a computer system;

	"electromagnetic, 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, communication,
	storage and retrieval;
	
	"intercept" has the same meaning as in section 178.1.

178.1 [section dealing with telephone wiretapping]
	"intercept" includes listen to, record or acquire a
	communications or acquire the substance, meaning or
	purport thereof;


387(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.

387(5) Everyone who commits mischief in relation to data
	(a) is guilty of an indictable offence and is liable to
	    imprisonment for ten years; or
	(b) is guilty of an offence punishable on summary conviction
	    [max. $500 and six months -DS].


Dave Sherman
-- 
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