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, or

[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

[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;

"electro-magnetic, acoustic, 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 communications or telecommunications 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. [R.S.C. 1985, C.27 [1st Supp.], s.45.]

Cross-References

Related offences: s.184, unlawful interception of private communications; s.326, theft of telecommunication service; s.327, possession of device to unlawfully obtain telecommunication facility or service; s.430(1.1), mischief in relation to data.

The accused may elect his mode of trial pursuant to s.536[2] where the prosecution elects to proceed by way of indictment. Where the prosecution elects to proceed by way of summary conviction then the trial is conducted by a summary conviction court pursuant to Part XXVII. The punishment is as set out in s.787 [although note the maximum fine for a corporation is as set out in s.719[b]] and the limitation period is set out in s.786[2]. Release pending trial is determined by s.515, although the accused is eligible for release by a peace officer under s.496, 497 or by the officer in charge under s.498.

Synopsis