In the News – Using Technology to Track your Cheating Partner

Toronto Internet Lawyer Shaya Silber’s opinion was recently sought by City TV with respect to the legality of using technology to track your cheating partner.  You can view the video here: http://www.citytv.com/toronto/citynews/life/video/222366.

Shaya Silber was commenting on the legality of hacking into someone else’s email or social media accounts. He pointed to the fact that in addition to being liable under privacy law, someone could also be charged under the Canadian Criminal Code. According to the Criminal Code, it is illegal to use a computer service for fraudulent purposes, as well as intercepting someone’s private communications. The relevant provisions of the Criminal Code are:

184. (1) Every one who, by means of any electro-magnetic, acoustic, mechanical or other device, wilfully intercepts a private communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

….

342.1 (1) Every one who, fraudulently and without colour of right,

• (a) obtains, directly or indirectly, any computer service,
• (b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system,
• (c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or an offence under section 430 in relation to data or a computer system, or
• (d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c)

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or is guilty of an offence punishable on summary conviction.