Computer%20Crime,%20Evidence%20Search%20and%20Seizure

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Computer Crime, Evidence Search and Seizure

• D/S/Sgt. Arni K. Stinnissen
• Anti-Rackets Section
• Investigation Bureau
• Ontario Provincial Police
• 705 329-6400

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What is Computer Crime?

• Crimes Through Use of a Computer
• Crimes Against Computer
• Most Crimes Can Have a Computer Element

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Definition - Computer Crime

• What is computer crime?
• (unofficial definition)
• ...any criminal activity involving the copy of,
  use of, removal of, interference with, access to,
  manipulation of computer systems, and/or their
  related functions, data or programs.

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Technology Specific Offences

• Unauthorized use - s.342.1
• Mischief to data - s.430(1.1)
• Theft of telecommunications - s.326
• Fraud Sections

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Criminal Code Offences

• Unauthorized Use of Computer Sec. 342.1
• Section defines number of computer-related terms
  such as computer password, computer program,
  computer service, computer system, data,
  electro-magnetic, acoustic, mechanical device,
  function, intercept, traffic (in password)

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Section 342.1 Highlights

• (A) fraudulently obtaining a computer service
• (B) intercepting any function of a computer
  system
• (C) using computer system with intent

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Fraudulently Obtaining

• Fraudulently and w/o colour of right
• Obtains directly or indirectly
• Any computer service
• computer service defined asdata processing and
  storage retrieval of data

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Intercepting Function

• Fraudulently and w/o colour of right
• Interception defined in similar to wiretap

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Use System with intent

• Intent to commit an offence as per subsections a)
  (obtaining any computer service) b) (using
  device to obtain service)
• used for caught in the act but not quite there

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Trafficking In Passwords

• Trafficking in computer password
• Criminalizes using, possessing, trafficking in or
  permitting another person to have access to a
  password that would enable a person to commit an
  offence under (a),(b) or (c)

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Possession of Device Sec. 342.2

• relates to the possession of interception devices
  such as wire tapping equipment
• could be interpreted to mean Trojan horse programs

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Mischief to Data Sec. 430 (1.1)

• applies to destroying, altering data, rendering
  data useless, obstructing with lawful use of
  data, interfering with lawful use, interrupts
  lawful use, or denies lawful access

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Mischief - related Provisions

• Section 429 (1)
• Causes event
• Act or omission
• knowing will likely cause event
• being reckless (i.e.. doesnt care)
• Deemed to act willfully

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Mischief - Related Provisions

• Section 429(3) Where it is an offence to destroy
  or to damage anything
• Partial interest no defence
• Whole interest no defence if acting fraudulently

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Theft of Telecommunications

• Offence modified in 1986 to add telecom theft
• Provides
• 326. (1) every one commits theft who
  fraudulently, maliciously, or without colour of
  right,
• (A) abstracts, consumes or uses electricity or
  gas or causes it to be wasted or diverted or
• (B) uses any telecommunication facility or
  obtains any telecommunication service.
• (2) In this section and in section 327,
  "telecommunication" means any transmission,
  emission or reception of signs, signals, writing,
  images or sounds or intelligence of any nature by
  wire, radio, visual, or other electromagnetic
  system.

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Other Code Offences - Theft

• Theft information
• R. v. Stewart (1988), 41 C.C.C.(3d) 481 (S.C.C.)
• Theft requires
• Property that can be either
• TAKEN (physical property) or
• CONVERTED (intangibles included)
• BUT must be converted in a way that DEPRIVES the
  true owner of their interest

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Other Offences

• Obscene material
• Hate crimes
• Threatening offences
• e-mail
• e-fraud

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Search Authorities

• Search Warrant 487
• General Warrant 487.01 Prov. Crt Judge used for
  special search techniques
• assistance order 487.02 may be used to require
  assistance to effect the warrant
• search provisions of POA

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Powers to Search

• Searchers operation of computer system and
  copying equipment -- s. 487(2.1)
• (2.1) A person authorized under this section to
  search a computer system in a building or place
  for data may
• (a) use or cause to be used any computer system
  at the building or place to search any data
  contained in or available to the computer system

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Power to Search (contd)

• (b) reproduce or cause to be reproduced any data
  in the form of a print-out or other intelligible
  output
• (c) seize the print-out or other output for
  examination or copying and
• (d) use or cause to be used any copying equipment
  at the place to make copies of the data.

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Power to Search (contd)

• (2.2) Every person who is in possession or
  control of any building or place in respect of
  which a search is carried out under this section
  shall, on presentation of the warrant, permit the
  person carrying out the search

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Power to Search (contd)

• (a) to use or cause to be used any computer
  system at the building or place in order to
  search any data contained in or available to the
  computer system for data that the person is
  authorized by this section to search for
• (b) to obtain a hard copy of the data and to
  seize it and

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Power to Search (contd)

• (c) to use or cause to be used any copying
  equipment at the place to make copies of the data.

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Problems Investigating Computer Crime

• Few agencies willing to devote resources and time
• High cost to investigate
• Easy destruction of evidence
• Easy for culprits to cover their tracks
• Legal problems
• Inexperienced police officers

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Is There Any Hope?

• The Law is Constantly Evolving
• Training in Computer Crime is Increasing
• Public is Becoming More Aware of the Problem
• Computer Security is Being Accepted as a
  Necessity of Doing Business
• Public Education !!!