Do you believe that using a VPN, changing your DNS Server or using a Linux machine makes you anonymous? You clearly have a lot to learn.
These laws will be applicable even if you are based outside of Canada or the United States of America. Give up now, or you will be prosecuted to the fullest extent of the law.
Criminal Code of Canada:
Section 342.1 – Unauthorized Use of a Computer
This section makes it illegal to:
- (a) Obtain, directly or indirectly, any computer service.
- (b) Intercept any function of a computer system.
- (c) Use or cause to be used a computer system with intent to commit an offense.
- (d) Use, possess, or traffic in a computer password or encryption key without permission.
Key Details:
- Unauthorized Use: Unauthorized access to data, interception of communications, or any manipulation of a computer system is covered under this section. Network scanning without permission could be seen as an attempt to gain unauthorized access or to map vulnerabilities, which may violate this law.
- Penalties:
- Indictable offenses can lead to imprisonment for up to 10 years.
- Less severe offenses, tried as summary convictions, can result in imprisonment for up to 2 years.
Section 430 – Mischief in Relation to Data
Another relevant section is Section 430(1.1), which deals with “mischief to data.” This section prohibits anyone from willfully:
- Destroying or altering data.
- Rendering data useless or ineffective.
- Obstructing, interrupting, or interfering with the lawful use of data.
If network scanning leads to disruption or interference with network functionality, it may fall under this provision as well.
US – Computer Fraud and Abuse Act (CFAA)
- Title 18, U.S. Code § 1030: This is the exact legal statute that governs unauthorized access to computers and networks. The CFAA makes it illegal to access a computer or network without authorization or in excess of authorization.
- It covers actions such as accessing a protected computer without permission, which may include unauthorized network scanning.
- Violations can lead to civil and criminal penalties.
Relevant Sections
- 18 U.S.C. § 1030(a)(2): Prohibits unauthorized access to obtain information from a protected computer.
- 18 U.S.C. § 1030(a)(5): Makes it illegal to knowingly cause damage to a protected computer, which could include malicious intent after network scanning.
- 18 U.S.C. § 1030(b): Criminalizes attempts and conspiracies to commit any of the offenses described in the CFAA.