The internet plays an increasingly critical role in our day-to-day lives and the risks in the cyber world have only grown increasingly malicious over time.
For instance, a Canadian teenager was recently charged for his alleged connection to a $50-million SIM-swapping crime, where millions were stolen from American and Canadian cryptocurrency holders. The scam involved a SIM-hacking trick to illegally collect data from investor cell phones before breaking into their accounts.
Cybercrime in Canada is increasing and the government has come up with several strategies to strengthen its online security policy. If you’re falsely charged, you must be aware of your rights and responsibilities pertaining to cybercrime.
Understanding Canadian Cybersecurity Laws, Penalties and Defence
What’s considered ‘cybercrime’ in Canada?
Cybercrime, a.k.a. computer crime, is an offence wherein a digital device such as a computer, laptop, tablet or smart phone is used to invade someone’s privacy for exploitative/malicious purposes. The people involved in (or even accused of) these illegal activities are often referred to as hackers. Some of the best-known cybercrimes are identity theft, unauthorized computer access, online bank information theft, accessing or distributing child pornography, cyber harassment and internet gambling. Any individual, organization or agency can be the victim of illegal online activity. Victims may be targeted individually or as part of a group of internet users.
As we become more internet-dependent and put more personal information online, we increase our risk of exposure to cybercrime. While most of these offenses are committed for monetary gain, they may also be targeted towards personal, national or cultural harm.
For example, private information like bank account data, credit card details, pension plan information and health records can be manipulated for monetary or identity theft, credit fraud and reputation loss. Stolen database information is often sold in criminal marketplaces for purposes of fraud, theft and extortion. Ransomware can also be used to encrypt files on a device or system, with a hacker demanding a hefty amount to restore access.
Types of Cybercrimes and Their Potential Legal Consequences
Hacking or Unauthorized Data Access
Canadian law defines hacking as “mischief in relation to computer data” and involves any intentional act that:
- destroys or alters computer data;
- renders computer data useless, ineffective or meaningless;
- obstructs, interrupts or interferes with the legal usage of computer data;
- obstructs, interrupts, interferes or denies computer data access to an individual entitled to access to it.
If the crime endangers someone’s life, the convicted is liable to face life in prison. If the act damages property worth $5,000 or more, the convicted can be sentenced to up to 10 years in jail or receive a summary conviction (that means six months in prison or a $5,000 fine). If the damage was less than $5,000, the convicted will either face a summary conviction or imprisonment up to two years.
Phishing
Phishing is the term for a crime where a person uses emails, texts or other modes of online communication to convince the recipient(s) to reveal sensitive information. This can include their name, date of birth, account passwords, pension plan number, personal identification numbers (PIN), and anything else that could cause identity theft. The message is portrayed in such a way that it appears to be some sort of official communication. For example, someone involved in a phishing scam may send a mass email that appears as if it was sent from a credible financial organization or government agency.
Section 380(1) of the Criminal Code of Canada defines fraud as any false or “fraudulent means” to defraud the public or any person “of any property, money or valuable security or any service.” If found guilty, the convicted is “liable to a term of imprisonment not exceeding fourteen years.”
Identity Theft/Identity Fraud
Identity theft or theft of personal information is a serious offence. Here, a victim’s sensitive details, like their name, driving license and/or bank account number, is used by an imposter who intends to commit crime in the victim’s name. Some common instances include using someone else’s identity (name, signature or password) to obtain false lines of credit, incurring debt and conducting illegal matters in their name. These can devastate the victim financially or even result in a criminal record.
Section 403 of the Criminal Code states that anyone who “fraudulently personates another person, living or dead” to gain advantage in any form – money, property or to defeat the course of justice – is a criminal and “liable to imprisonment for a term of not more than 10 years.”
Defending Yourself Against False Cybercrime Charges
With cybercrime on the rise and the government reinforcing policies and penalties to curb it, it’s important to know your rights as an accused and how to exercise them. Since the internet is a virtual platform and information can easily be misinterpreted, it’s easy to be falsely accused of online crimes. Considering the seriousness of the allegations and their potential penalties, it’s important to seek immediate help from a criminal defence lawyer if you’re charged with one.
If you’ve been accused of this type of crime, you’ll need an experienced criminal defence lawyer on your side. Harpreet Saini can advise you on what defence strategy will work in your favour and help you fight the charges in court. Remember, there’s a solution to every challenge or problem. Legal problems are complex, so you need a strong line of defence.