Hacking law in Canada

My boyfriends ex called the police on him trying to say that he hacked her e-mail account and all this stuff, which he didn’t do (because I’m with him pretty much all the time so I’d know). Anyways, so the police called him and he was like “No, I didn’t…what could you even charge me with anyways?” and the police man was just like “Okay… Have a good day!” So, my boyfriend is trying to tell me that he wouldn’t even be able to get charged because there isn’t a law against it. His friend Paul had recently tried to charge someone with it and didn’t get anywhere, and he had a lot of proof. I’m just wondering what the law is in Canada for that… because we are always talking about hacking in here. Are police just not taking it seriously or what?

Answer #1

They probably dont do anything unless there’s an actual loss (I.e. someone stole data, hacked into somewhere and spread a virus…)

Answer #2

Yeah but my boyfriend’s friend had a lot of proof and the case still didn’t go anywhere. The proof included several pieces of evidence where the person was even admitting to doing it! I know hacking is illegal, but I don’t think its being taken seriously enough here.

Answer #3

accurately if he did gain what is called “unlawful” access to her account through what ever means be it keylogger, bruteforce, he could be taken up on charges depending who is hosting the email service. if it is a service like hotmail or gmail, he could be taken up on charges under the computer misuse act, and face a maximum of 5 years in prison. but I dont think meny people get the full sentence specially for something like that.

Answer #4

I’m pretty sure that hacking is illegal almost anywhere. Lord knows it is in the US. They probably just didn’t believe the ex, seeing as how she had no proof.

Answer #5

If they simply guessed the password, or gained access because they had access to the victims computer, it is not “hacking” and what you mean to say is “unauthorized access.”

Family members, relatives, lovers would be much more prone to be able to guess the passwords, which is really not illegal, as you are responsible to pick a secure password for your email.

So yes “hacking” is illegal, but that’s not what your talking about here.

The easiest defense to your charges would be to say you were given the password during the relationship. It then becomes one person’s word against another and no valid case in law.

Answer #6

that makes sense but say if someone stole something from you and you happened to have access to their email, and they are selling it online and you see emails replying to the ad to sell you stolen property can that email be used in court as evidence

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