Recent Amendments to the Canadian Criminal Code Respecting Computer Abuse Offenses

• NCJ Number: 109057
• Journal: Santa Clara Computer and High-Technology Law Journal Volume: 3 Issue: 1 Dated: (January 1987) Pages: 165-187
• Author(s): C Webber
• Date Published: 1987
• Length: 23 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: Portions of this paper were presented as a speech to the Computer Law Update Conference, Canadian Bar Association (Ontario Division), Toronto, November 1985.

Annotation

This paper examines the language of the Canadian criminal law amendments to the Criminal code as they relate to computer abuse offenses and compares them to California Penal Code provisions.

Abstract

The new amendments redefine property to include electronically stored information and computer software and provide a broad definition of computers. They also cover unauthorized use of computer services and include a 'mischief' offense covering deliberate alteration or destruction of data. A major problem with the amendments is unworkable and confusing definitions that would permit prosecution for unauthorized use of a pocket calculator and do not adequately deal with the issue of information as property. Such issues have yet to be resolved by the courts. In Canada, the definition of property remains narrow in scope and does not relate to information. In California, by contrast, the Penal Code incorporates such concepts as trade secrets, data, and computer programs into the definition of property and considers information that can be stolen. Comprehensive technology-oriented statutes with suitable definitional parameters should be developed in Canada that will afford adequate protection of intellectual property. 70 footnotes.