Unauthorized use of a Computer

Canadian Criminal Code s. 301.2

Unauthorized use of a Computer: Canadian Criminal Code

301.2(1) Every one who, fraudulently and without color 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 offence under paragraph (a) or (b) or an offence under section 387 in relation to data or a computer system

is guilty of an indictable offence and is liable to imprisonment for a term not exceeding ten years, or is guilty of an offence punishable on summary conviction.

(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, deletion, storage and retrieval and communication or telecommunication 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.

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