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There is a prevailing attitude amongst many people that computer crime is not a crime. The attitude seems to be that although it is not acceptable to break into someone's house it is okay to break into their computer. Also, the attitude seems to be that it is okay to vandalize computer data but not property like automobile tires.

The Criminal Code of Canada is very clear on these issues. Unauthorized access to any computer system is a crime punishable by a lengthy jail term. Likewise mischief performed on computer data is as much a crime as mischief performed against physical property.

At least two sections of the Criminal Code address the issue. On the one hand there is the issue of unauthorized use (eg. breaking into a system) and on the other hand there is the issue of mischief (eg. vandalizing data).

The following sections of the Canadian Criminal Code taken, with minor typographic changes, from Tremeear's Criminal Code 1993 should make it clear that those attitudes are mistaken.

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PART IX: OFFENCES AGAINST RIGHTS OF PROPERTY
342.1: Unauthorized Use of Computer

(1) Every one who, fraudulently and without color 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

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.

(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.

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PART XI: WILFUL AND FORBIDDEN ACTS IN RESPECT OF CERTAIN PROPERTY
430.[387]: Mischief

(1) Every one commits mischief who wilfully

(a) destroys or damages property;
(b) renders property dangerous, useless, inoperative or ineffective;
(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

(1.1) Every one commits mischief who wilfully

(a) destroys or alters data;
(b) renders data meaningless, useless or ineffective;
(c) obstructs, interrupts or interferes with the lawful use of data; or
(d) obstructs, interrupts or interferes with any person in the lawful use of data or denies access to data to any person who is entitled to access thereto.

(2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.

(3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds one thousand dollars

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable by summary conviction.

(4) Every one who commits mischief in relation to property, other than property described in subsection (3),

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable by summary conviction.

(5) Every one who commits mischief in relation to data,

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable by summary conviction.

(5.1) Every one who wilfully does an act or wilfully omits to do an act that it is his duty to do, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or data,

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable by summary conviction.

(6) No person commits mischief within the meaning of this section by reason only that

(a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;
(b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or
(c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.

(7) No person commits mischief within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.

(8) In this section, data has the same meaning as in section 342.1

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See Also

For more information see the extensive on-line information provided by Department of Justice of Canada.

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