Computer Crime in Canada
Encyclopedia
Computer crime
, or cybercrime
, is an evolving international phenomenon. People and businesses in Canada and other countries may be affected by computer crimes that may, or may not originate within the borders of their country. What is computer crime? From a Canadian perspective, the most appropriate definitions may be those contained in the Council of Europe – Convention on Cybercrime
(November 23, 2001). Canada contributed, and is a signatory, to this international of criminal offences involving the use of computers:
Canada is also a signatory to the Additional Protocol to the Convention on cybercrime
, concerning the criminalization of acts of a racist and xenophobic nature committed through computer systems (January 28, 2003). As of July 25, 2008 Canada had not yet ratified the Convention on Cybercrime or the Additional Protocol to the Convention on cybercrime, concerning the criminalization of acts of a racist and xenophobic nature committed through computer systems.
contains a set of laws dealing with computer crime
issues.
its Criminal Code may not fully address the areas of criminal law set out in the Convention on Cybercrime.
its Criminal Code may not fully address the following criminal offences:
Computer crime
Computer crime, or cybercrime, refers to any crime that involves a computer and a network. The computer may have been used in the commission of a crime, or it may be the target. Netcrime refers to criminal exploitation of the Internet. Such crimes may threaten a nation’s security and financial health...
, or cybercrime
CyberCrime
CyberCrime was an innovative, weekly America television program on TechTV that focused on the dangers facing computer users. Filmed in San Francisco, California, the show was hosted by Alex Wellen and Jennifer London...
, is an evolving international phenomenon. People and businesses in Canada and other countries may be affected by computer crimes that may, or may not originate within the borders of their country. What is computer crime? From a Canadian perspective, the most appropriate definitions may be those contained in the Council of Europe – Convention on Cybercrime
Convention on Cybercrime
The Convention on Cybercrime, also known as the Budapest Convention on Cybercrime or just the Budapest Convention, is the first international treaty seeking to address Computer crime and Internet crimes by harmonizing national laws, improving investigative techniques and increasing cooperation...
(November 23, 2001). Canada contributed, and is a signatory, to this international of criminal offences involving the use of computers:
- Offences against the confidentiality, integrity and availability of computer data and systems;
- Computer-related offences;
- Content-related offences;
- Offences related to infringements of copyright and related rights; and
- Ancillary liability.
Canada is also a signatory to the Additional Protocol to the Convention on cybercrime
Additional Protocol to the Convention on cybercrime
Additional Protocol to the Convention on Cybercrime is an additional protocol to the Council of Europe Cybercrime Convention, addressing materials and "acts of racist or xenophobic nature committed through computer networks," was proposed by some member States. This additional protocol was the...
, concerning the criminalization of acts of a racist and xenophobic nature committed through computer systems (January 28, 2003). As of July 25, 2008 Canada had not yet ratified the Convention on Cybercrime or the Additional Protocol to the Convention on cybercrime, concerning the criminalization of acts of a racist and xenophobic nature committed through computer systems.
Canadian Computer Crime Laws
The Criminal Code of CanadaCriminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
contains a set of laws dealing with computer crime
Computer crime
Computer crime, or cybercrime, refers to any crime that involves a computer and a network. The computer may have been used in the commission of a crime, or it may be the target. Netcrime refers to criminal exploitation of the Internet. Such crimes may threaten a nation’s security and financial health...
issues.
Criminal Offences Contained in the Convention on Cybercrime (November 23, 2001)
As Canada has not yet ratified the Convention on CybercrimeConvention on Cybercrime
The Convention on Cybercrime, also known as the Budapest Convention on Cybercrime or just the Budapest Convention, is the first international treaty seeking to address Computer crime and Internet crimes by harmonizing national laws, improving investigative techniques and increasing cooperation...
its Criminal Code may not fully address the areas of criminal law set out in the Convention on Cybercrime.
Criminal offences in the Additional Protocol to the Convention on Cybercrime
As Canada has not yet ratified this Additional Protocol to the Convention on cybercrimeAdditional Protocol to the Convention on cybercrime
Additional Protocol to the Convention on Cybercrime is an additional protocol to the Council of Europe Cybercrime Convention, addressing materials and "acts of racist or xenophobic nature committed through computer networks," was proposed by some member States. This additional protocol was the...
its Criminal Code may not fully address the following criminal offences:
- Dissemination of racist and xenophobic material through computer systems
- Racist and xenophobic motivated threat
- Racist and xenophobic motivated insult
- Denial, gross minimization, approval or justification of genocide or crimes against humanity
- Aiding and abetting
Laws and Bills
- Bill C-46 Criminal Code of CanadaCriminal Code of CanadaThe Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
- Section 342 of the Criminal Code of CanadaCriminal code section 342Criminal Code of Canada Section 342 is stated in part IX which is called 'Offences against Rights of Property'. It deals specifically with 'Offences Resembling Theft'...
deals with theft, forgery of credit cards and unauthorized use of computer - Section 184 of the Criminal Code of Canada deals with privacyPrivacyPrivacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
- Section 403 of the Criminal Code of Canada deals with personationPersonationPersonation is a term used in law for the specific kind of voter fraud where an individual votes in an election, whilst pretending to be a different elector....
Canadian Computer Criminals
- MafiaboyMafiaBoyMafiaBoy was the Internet alias of C Tizzle, a high school student from West Island, Quebec, who launched a series of highly publicized denial-of-service attacks in February 2000 against large commercial websites including Yahoo!, Fifa.com, Amazon.com, Dell, Inc., E*TRADE, eBay, and CNN....
is the online alias for one of Canada's most infamous hackers - The Canadian hacker group 'The Brotherhood of Warez' hacked the Canadian Broadcasting CorporationCanadian Broadcasting CorporationThe Canadian Broadcasting Corporation, commonly known as CBC and officially as CBC/Radio-Canada, is a Canadian crown corporation that serves as the national public radio and television broadcaster...
's website on April 20, 1997; replacing the homepage with the message "The Media Are Liars"