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Old 04-08-2010, 06:34 PM
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Default Hacking another's e mail account

Just curious on others opinions on my ex girl friend hacking into my email account, changing my password in order that I no longer have access and having deleted and read all my personal information. Would anyone consider this illegal in any way. Aside from the obvious fact that it is an invasion of privacy does anyone think this against law and could anything be done?
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Old 04-08-2010, 07:28 PM
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From the Criminal Code of Canada:

Quote:
Unauthorized use of computer
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.
This is the section that is used to charge someone with hacking or breaking into someone's email. If it's unclear, "service" would include email, and of course unlawfully possessing the password to the email is an offense all by itself in section (d).
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Old 04-08-2010, 07:43 PM
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thank you mess, went to Police and they claim not a big deal, hmmm wonder if I should pursue?
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Old 04-08-2010, 07:59 PM
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afaik you can't lay criminal charges yourself, it can only be done through the police.

You could try getting a half hour consult with a criminal lawyer and get a better answer if you want to persue it.
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Old 04-08-2010, 08:05 PM
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So you already went to the police and they weren't able to answer your questions?

Last edited by blinkandimgone; 04-08-2010 at 08:05 PM. Reason: the voices told me to
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Old 04-08-2010, 11:52 PM
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Default Laying charges through Private Information

Hello there,

You can also go to the Justice of the Peace and file what is called 'Private Information under the Criminal Code of Canada."

As a citizen, you have the right to appear before a Justice of the Peace to lay charges against another person by "swearing to an information."

Upon swearing on oath to the information outlining the charges, the Criminal Code of Canada requires that the Justice of Peace refer the matter to a Provincial Court Judge or a designated Justice of the Peace to consider whether to issue a summons to bring the person charged before the court.

In short, if you want to pursue this further:
1. Go to local Court House - Justice of the Peace
2. Be prepared to complete a form - you need to specify which criminal code is applicable.
3. They will give you another date at which to return to speak to JP (usually within fortnight)
4. Swear before the JP and explain your case. The Justice of Peace will then decide whether or not you should appear before another Judge.
5. Appear before Judge, who if he agrees with you, will order the Police to enforce summons.
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Old 04-09-2010, 10:45 AM
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If my ex attempts to use an email that he unlawfully obtained by hacking into my account at trial or in a motion, can I then use this law to have him charged under the criminal code?

How would I go about this if the matters before family court are under way? Will a JP listen to me?

The reason I'm asking, is because I wanted the JP to issue a peace bond on my ex (I fear for my safety) and because we have a matter in the family court, he was reluctant and told me to raise it with family court and ask for a restraining order.
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Old 04-09-2010, 06:24 PM
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This is just a wild guess but I think you would have to somehow prove he attained it illegally rather than somehow getting it from say a second hand source - ie: you sent it to a friend who forwarded it or someone took it from their computer and gave it to him etc.

Not sure but there are many different examples he could offer as to how he got the information indirectly.
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Old 04-09-2010, 07:08 PM
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In a case like this, the email is digitalkreation's property, that is no contest. So just like being in possession of her postal mail, there is really no way he can be in possession of it legitimately, unless she sent it to him herself.

The onus would be on him to prove how he came to possess it, since it couldn't possibly be his own property.
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Old 04-09-2010, 07:29 PM
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I think email is a sticky situation because once you send something out it is no longer just yours, just like if you gave a piece of mail to someone and they gave a copy to someone else. You gave it freely as did the other person, if that makes sense? I think when you use email you lose a certain amount of right to privacy because you cannot control what the recipient does with it and they are free to pass on the information to whomever they choose.**

I could be totally wrong and I think it stinks but if you want to keep something truly private, never put it anywhere on the internet - including email. We all do it but that doesn't make it safe.

**Aside from communication with certain individuals like your lawyer/doctor etc.

Last edited by blinkandimgone; 04-09-2010 at 07:30 PM. Reason: the voices told me to
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