CanadaCriminal Code, unauthorized use of a computer
R.S.C., 1985, c. C-46, s. 342.1
In force.
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not obtain a computer service, or cause a function of a computer system to be intercepted, fraudulently and without colour of right.NIST AI RMFMAP 4.1
- Do not use, possess, traffic in, or permit another person to have access to a computer password to commit either of the above.no control in the NIST AI RMF
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Does retrieving pages from a publicly accessible website after the operator has revoked permission make someone a person who 'obtains, directly or indirectly, any computer service', a term that 'includes data processing and the storage or retrieval of computer data', where done 'fraudulently and without colour of right' under subsection 342.1(1) of the Criminal Code?
What it makes you log
Logging duty
Section 342.1(1) makes it an offence to obtain a computer service, intercept a function of a computer system or use a computer system to commit those offences, or to deal in a computer password, in each case fraudulently and without colour of right. It requires no one to create, keep or produce a log or record, and it has no territorial clause of its own.
- Kind
- None
- As of
What this law does
Makes it an offence, prosecuted either on indictment (imprisonment for a term of not more than 10 years) or on summary conviction, to fraudulently and without colour of right obtain a computer service, intercept a function of a computer system, or use a computer system to commit those offences, or to traffic in a computer password enabling such access.
The offence turns on fraud and absence of authorization to use the service, not on the technique of access, so scraping a page a site has made publicly and unauthenticated is not, on its own, an unauthorized use; the analysis changes once a scraper circumvents an access control or continues after an unambiguous revocation of permission. The provisions this entry describes came into force on different days.
When LexLint raises it
When your app profile says your app crawls the web, trains models or reuses other publishers' content.
Back to the example · Lint your app
Page updated .