13) What are the Legal Implications of Computer Viruses? The Canadian Criminal Code
Description
This article is from the Computer viruses FAQ, by David Harley D.Harley@icrf.icnet.uk, George Wenzel gwenzel@telusplanet.net and Bruce Burrell bpb@umich.edu with numerous contributions by others.
13) What are the Legal Implications of Computer Viruses? The Canadian Criminal Code
Please bear in mind that the following information was culled from the
Criminal Code in 1993 and those sections may have been expanded or
revised since then, or possibly some computer-specific legislation may
have been enacted of which we are unaware.
No mention is made in the Code (as of 1993) of computer viruses as such,
but it would seem that prosecution under Sec. 430 (Mischief) or
section 342.1 (Unauthorized use of computer) would be appropriate.
Apparently the laws governing trespass have not been considered as
having any application in cyberspace. Offenders under section 342.1
would be charged with mischief, which covers a multitude of sins
under Canadian law. The penalties stipulated in Sec. 342.1 are the
same as the penalties for sabotage, just as a point of interest.
A prosecutor would probably deal with incitement (i.e. inciting
somebody else to maliciously use viruses) under Sec. 21 (Parties
to offence), Sec. 463 (Attempts), or Sec. 465 (Conspiracy).
Sec. 21-24 of the Criminal Code may be of interest because they
detail aiding and abetting, incitement, and related issues which
have some application in the realm of viruses.
Under certain circumstances, laws in other countries may be applicable
in cyberspace, where there are no formal territorial boundaries. For
instance, Sec. 465 (4) of the Canadian Criminal Code stipulates that every
one, "while in a place outside Canada" conspires to commit an offence in
Canada "shall be deemed to have conspired in Canada to do that thing."
Continue to:
My Books
