Personal Email Laws

[Zeru]

Can you tell me the laws/where I can find the laws for Canada, specifically Nova Scotia?

[Kinsella]

Hi Margaret,

Try here:

There are currently four parts of Section 342 of the Criminal Code of Canada:

Section 342 deals with theft, forgery of credit cards.

Section 342.01 deals with Making, having or dealing in instruments for forging or falsifying credit cards.

Section 342.1 deals with Unauthorized use of computer

Section 342.2 deals with Possession of device to obtain computer servicehttp://www.canlii.ca/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html and scroll down to section 342.1(which I pasted below.

Unauthorized use of computer

342.1(1) Every one 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 an offence under section 430 in relation to data or a computer system, or

(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)

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.

Definitions

(2) In this section,

“computer password” « mot de passe »

“computer password” means any data by which a computer service or computer system is capable of being obtained or used;

“computer program” « programme d’ordinateur »

“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” « service d’ordinateur »

“computer service” includes data processing and the storage or retrieval of data;

“computer system” « 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 data, and

(b) pursuant to computer programs,

(i) performs logic and control, and

(ii) may perform any other function;

“data” « données »

“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;

“electro-magnetic, acoustic, mechanical or other device” « dispositif électromagnétique, acoustique, mécanique ou autre »

“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” « fonction »

“function” includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer system;

“intercept” « intercepter »

“intercept” includes listen to or record a function of a computer system, or acquire the substance, meaning or purport thereof;

“traffic” « trafic »

“traffic” means, in respect of a computer password, to sell, export from or import into Canada, distribute or deal with in any other way.

R.S., 1985, c. 27(1st Supp.), s. 45; 1997, c. 18, s. 18.